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Agreement_Water Service_7/10/2025_Ferreira Construction Co
• ORIGINAL WM # 1 TEQUESTA DRIVE WATER MAIN REPLACEMENT ITB-UTI L 04-23-2025/AF executed Contract MAY 2025 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.........................................................................................................................................5 BidForms.................................................................................................................................................19 Bid Proposal 20 ......................................................................................................................................... BidSchedule of Values.........................................................................................................................23 Qualification Requirements 28 ................................................................................................................. Contractor Safety Qualifications/Requirements..................................................................................36 Contractor Safety Qualification Form..................................................................................................38 E-Verify Affidavit.................................................................................................................................41 Drug Free Workplace Certificate.........................................................................................................42 Village Clerk's ADA Compliance Statement Form................................................................................43 Sworn Statement On Public Entity Crimes...........................................................................................44 TrenchSafety.......................................................................................................................................46 BidBond ..............................................................................................................................................47 Documents to be Executed by Village 49 Noticeof Intent to Award....................................................................................................................50 Notice of Award 51 ................................................................................................................................... Agreement(Contract) Between Owner and Contractor......................................................................52 .. Payment Bond .....................................................................................................................................62 PerformanceBond...............................................................................................................................66 Opinionof Village Attorney.................................................................................................................70 Noticeto Proceed (NTP)......................................................................................................................71 GeneralConditions....................................................................................................................................72 SupplementaryConditions......................................................................................................................147 TECHNICAL SPECIFICATIONS DIVISION 1-GENERAL REQUIREMENTS SUMMARYOF WORK........................................................................................................................01000 MEASUREMENT AND PAYMENT 01025 ....................................................................................................... COORDINATION AND MEETINGS ......................................................................................................01039 .. SUBMITTALS 01300 ...................................................................................................................................... CONSTRUCTIONSCHEDULES.............................................................................................................01310 PRE-CONSTRUCTION AUDIO-VIDEO DOCUMENTATION...................................................................01360 QUALITYCONTROL............................................................................................................................01400 Village of Tequesta Utilities Department — WM#1 Tequesta Drive Water Main Replacement Page 2 DIVISION 9 - FINISHES NOT USED DIVISION 10-SPECIALTIES NOT USED DIVISION 11 - EQUIPMENT NOT USED DIVISION 12- FURNISHINGS NOT USED DIVISION 13-SPECIAL CONSTRUCTION NOT USED DIVISION 14-CONVEYING SYSTEMS NOT USED DIVISION 15- MECHANICAL NOT USED DIVISION 16- ELECTRICAL NOT USED APPENDICES PERMITS ..................................................................................................................................APPENDIX A UNDERGROUND UTILITY LOCATES..........................................................................................APPENDIX B GEOTECHNICAL INVESTIGATION.............................................................................................APPENDIX C Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 4 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS...............................................................01500 MATERIALAND EQUIPMENT.............................................................................................................01600 CONTRACTCLOSEOUT.......................................................................................................................01700 RECORDDOCUMENTS.......................................................................................................................01720 GENERALREQUIREMENTS.................................................................................................................01750 DIVISION 2-SITE WORK UTILITY CONSTRUCTION....................................................................................................................02000 DEWATERING ....................................................................................................................................02140 GRADING ...........................................................................................................................................02210 TRENCHING, BEDDING, AND BACKFILL FOR PIPE..............................................................................02225 EROSION, SEDIMENTATION, AND DUST CONTROL...........................................................................02270 TRENCHLESS INSTALLATION OF PRESSURE MAINS BY DIRECTIONAL BORING HORIZONTAL DIRECTIONAL DRILLING (HDD) ...............................................02320 CONCRETE CURB AND GUTTER RESTORATION .................................................................................02526 PIPE AND FITTINGS- GENERAL..........................................................................................................02660 HIGH DENSITY POLYETHYLENE (HDPE) AWWA PIPE AND FITTINGS .................................................02661 POLYVINYL CHLORIDE (PVC) PRESSURE PIPE ....................................................................................02662 DUCTILEIRON PIPE............................................................................................................................02666 FITTINGS, VALVES AND APPURTENANCES ........................................................................................02668 ASPHALT CONCRETE PAVING ............................................................................................................02740 PAVEMENT MARKING AND SIGNAGE................................................................................................02846 SODDING ...........................................................................................................................................02936 SHRUBBERY&TREES.........................................................................................................................02937 DIVISION 3-CONCRETE CONCRETEWORK..............................................................................................................................03300 DIVISION 4- MASONRY NOT USED DIVISION 5 - METALS NOT USED DIVISION 6-WOOD AND PLASTICS NOT USED DIVISION 7 -THERMAL AND MOISTURE PROTECTION NOT USED DIVISION 8- DOORS AND WINDOWS NOT USED Village of Tequesta Utilities Department WMttl Tequesta Drive Water Main Replacement Page 3 FLVilla e of Te uesta Invitation to Bid No. ITB-UTIL 04-23-2025/AF WM#1 TEQUESTA DRIVE WATER MAIN REPLACEMENT Sealed bids will only be accepted via DemandStar for the WM#1 TEQUESTA DRIVE WATER MAIN REPLACEMENT construction project (Project) until 2:00 PM, local time,June 17, 2025, at which time all bids received will be publicly opened virtually on DemandStar and read. Bids received after the time and date specified will not be considered. The project scope includes the installation, testing, and disinfection of approximately 6,300 linear feet of new 8-inch through 12-inch water mains,the abandonment and grouting of the existing water mains, connections to side streets and related services,fittings,valves, and other appurtenances,and the restoration of affected areas to their existing conditions or better along Tequesta Drive. Bidding documents may be viewed and downloaded online at www.demandstar.com or on the Village of Tequesta's website at vww.teguesta.org/276/BidsRPFsQuotes. A pre-bid meeting will be held on May 22, 2025, at 2:00 PM local time at the Village of Tequesta Council Chambers, located at 345 Tequesta Dr.,Tequesta, FL 33469. Attendance at the pre-bid meeting is not required for bid qualification; however, bidders are encouraged to attend. 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 Jeff Snyder, Director, Finance Department at isnyder@tequesta.org, copying Allyson Felsburg, Utilities Department Deputy Director, at �felsburg@tequesta.org.The Village will contact the design engineer for technical questions if applicable. Questions and requests for clarification and additional information must be received before the deadline for submission of questions on June 10, 2025, at 4:00 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 Title: Deputy Director, Utilities Department Date: May 12, 2025 Publication: DemandStar and Village of Tequesta website ++ END OF ADVERTISEMENT FOR BIDS ++ Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org ,c ITB-UTIL 04-23-2025/AF ADDENDUM NO. 1 TO CONTRACT DOCUMENTS ISSUED: MAY 30, 2025 PROJECT TITLE: WM #1 Tequesta Drive Water Main Replacement (ITB-UTIL 04-23-2025/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 attached Prebid Meeting Minutes and Sign-In Sheet to the Bid Documents. BIDDERS' QUESTIONS AND ANSWERS ADD the attached bidders' questions and answers to the Bid Documents. END OF ADDENDUM 1 r 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 HOLTZ CONSULTING ENGINEERS, INC Prebid Meeting Minutes _ Client: Village of Tequesta Project: WM#1 Tequesta Drive Water Main Replacement Date: May 22, 2025 Time: 2:00 PM Engineer: Holtz Consulting Engineers, Inc. 1. Introduction and Sign-In: See attached sign-in sheet. 2. Bid Opening—June 17, 2025, at 2:00 PM. 3. Plans are available on DemandStar (www.demandstar.com) and the Village's website (www.tequesta.org/276/BidsRFPsQuotes) 4. All bids must be submitted via DemandStar. Bids will be opened on DemandStar and read in the Village Council Chambers and also posted online within 24 hours. 5. Bid Requirements: a. Bid Proposal b. Bid Schedule of Values c. List of Subcontractors and Suppliers d. Qualification Requirements and Proof of Previous Experience e. Acknowledgement of Addenda f. Contractor Safety Qualification Form g. E-Verify Affidavit h. Drug-free Workplace Certificate i. Village Clerk's ADA Compliance Statement Form j. Sworn Statement on Public Entity Crimes k. Tench Safety 1. Bid Bond 6. Summary of work(per Section 01000): The project scope includes the installation, testing, and disinfection of approximately 6,300 linear feet of new 8-inch through 12-inch water mains, the abandonment and grouting of the existing water mains, connections to side streets and related services, fittings, valves, and other appurtenances, and the restoration of affected areas to their existing conditions or better along Tequesta Drive. 270 South Central Boulevard, Suite 207•Jupiter,Florida 33458 Office: 561.575.2005 • Fax: 561.575.2009 i K siFm HOLTZ CONSULTING ENGINEERS, INC 7. Alternate Bid Items: Project will be awarded to the lowest responsive and responsible bidder based on either the Total Base Bid Price or the Total Base Bid Price including the Alternate Bid item, whichever is determined to be in the best interest of the Village. ' 8. Contract Time: Substantial Completion= 180 calendar days from Notice to Proceed Final Completion =210 calendar days from Notice to Proceed Liquidated Damages = $750 per day after Substantial Completion and $500 per day after Final Completion. 9. All questions and requests for clarification must be submitted via email to jsnyder(a)tequesta.org (copying afelsburg(&,,teguesta.org) by 4:00 PM on June 10, 2025, for inclusion in an addendum. 10. Additional discussion items: - The Village may allow the contractor to use the water treatment plant property for a material staging/storage area. The water treatment plant is located at 901 N. Old Dixie Highway, Tequesta. - The Contractor will not be allowed to work on Village holidays without prior written approval. 270 South Central Boulevard,Suite 207•Jupiter,Florida 33458 Office: 561.575.2005 • Fax: 561.575.2009 If 7�t %AV VO \j X 4t •J � I V � Rf O IF ✓� ."' O C 7 1-7 I i 3 i � d BIDDERS' QUESTIONS AND ANSWERS Question 1: Will the alternate part of the bid(i.e. mill& resurface)be required to be performed during night hours? Response 1: The milling and overlay can be performed during daytime hours with a flagman operation to keep at least one lane open at all times. Question 2: The alternate and base bid will have to include striping restoration. Can a plan be made available for this scope? Response 2: A pavement striping plan is not needed to estimate the work and one will not be provided. Question 3: Will a plumbing permit be required for the water services that are to be relocated outside of the driveway? _ Response 3: A plumbing permit from the Village will be required but no fee will be charged for the permit. Question 4: Mill& Overlay: Will the Village allow the contractor to mill entire proposed area (leaving a milled surface) & overlay the pavement the next shift. Response 4: Yes,the Village will allow the milled surface to remain if the paving is going to be performed on the next day. Question 5: In reference to Bid Items:26, 27& 28: Cap, Grout and Abandon Existing 6"AC Pipe Will a Licensed Asbestos Inspector be required by the Village to oversee and certify this aspect of the project? Response 5: A licensed Asbestos Inspector will not be required. However,the AC pipe will have to be properly disposed of. Question 6: The plans depict swale grading as shown on Plan Sheet D-2.What item should this cost be under. Response 6: Cost associated with swale grading should be included in the cost pipe installed via open cut (Line Items 2 through 6). Question 7: The bid form includes Line stops on items 41-44. Where are these located in the plans. There are numerous connections to the existing where line stops may need to be utilized. Your bid form includes 1 ea of each size. Response 7: The line stops will be utilized in case the Village cannot shut down an existing main in order to make a connection. Question 8: When connecting to an existing gate valve is it safe to assume that the valves are all in working condition and we ore not to remove& replace or cut in an additional valve. When pressure testing against an existing valve there can be some issues if the valves ore not in working condition. _ Response 8: Yes, bidders should assume the existing valve is working. Pressure tests will not be made against existing valves. Connections to existing valves will be made after the new main has been pressure tested, disinfected, and cleared to be placed into service. Question 9: There are existing mains to be abandoned in place and water services that seem to tie into the new proposed main but not called out in the plans (see attached) are we safe to assume that this is part of item 24 in your bid form minus the directional bore. Response 9: Short and long services shall be paid for under Line Items 22 and 23, respectively. Question 10: The plans call for the removal of existing Fire Hydrant Assemblies& water meters. What item in the bid form would you like for us to include these. Response 10: The removal of existing fire hydrants can be included in the grouting and abandonment Line Items 26 through 28 and the relocation of water meters can be included in the new service Line Items 22 and 23. — Question 11: In what bid item would we include the cost "installation of swale in all areas via open cut". Response 11: Cost associated with swale grading should be included in the cost pipe installed via open cut (Line Items 2 through 6). Question 12: The plans show 'PC of HDD Drill", PRC of HDD Drill, or PT of HDD Drill. Please explain what PC, PRC, and PT mean. Response 12: PC = point of curvature, PT= point of tangency, PRC= point of reverse curve Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org ,a i ITB-UTIL 04-23-2025/AF ADDENDUM NO. 2 TO CONTRACT DOCUMENTS ISSUED: JUNE 6, 2025 _ PROJECT TITLE: WM #1 Tequesta Drive Water Main Replacement (ITB-UTIL 04-23-2025/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 BIDDERS' QUESTIONS AND ANSWERS ADD the attached bidders' questions and answers to the Bid Documents. END OF ADDENDUM 2 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 BIDDERS' QUESTIONS AND ANSWERS Question 1: Bid Item A-1:Mill and Overlay Asphalt Road: The plans call for 1"asphalt thickness, but what Asphalt Design will be required. Response 1: The asphalt overlay should be 1"thickness of SP-9.5. — Question 2: Bid items#8 specify 12"DR 11 HDPE pipe installed by HDD. Can 10"DR18 fusible PVC pipe be approved as on equal to the specified HDPE for the HDD segments of this project? Response 2: Yes,fusible 10" C-900 PVC can be used as an alternate to 12" HDPE. Question 3: The plans call for the watermoin& water services to be installed via directional boring across Tequesta Drive. These services are shown connecting to a directionally drilled water main. However, in order to make each service connection to the directionally drilled main, we will need to excavate open cut pits at each service connection point to locate and tap into the main. Please confirm if open cut pits at each service connection point are acceptable and expected per the design intent. Additionally, please advise if an alternative connection method is preferred or if modifications to the current plan will be provided to minimize surface impacts and conflicts. Response 3: Yes, open cut pits to connect the new services to the directionally drilled HDPE are expected. Question 4: The plans specify that the existing water main is to be grout filled and abandoned. However, the process of making connections to the existing main will require detailed sequencing to ensure uninterrupted water service to neighboring properties during the transition. Each connection point to the existing main is unique and will require a customized approach to maintain continuous service. This adds complexity to the process and affects planning, coordination, and execution. To avoid service — disruptions, proper sequencing is critical—particularly during the grout filling and valve shutdown stages. Please confirm the intended sequence of work. Specifically, are we to: 1. Install the new mains, 2. Pressure test and certify the new system, 3. Connect to the existing system, 4. Shut off local valves, and _ 5. Then grout fill and abandon the existing main? Additionally, please confirm whether a specific procedure is required for each connection point, or if the contractor is to develop and submit a sequencing plan for review and approval. Response 4: Yes,the sequence will be to install the new mains, pressure test, disinfect,and certify the new mains, connect to the existing system, reconnect services,then cut, cap,and grout fill the old water mains. The Contractor shall prepare and submit a sequencing plan for review and approval. Question 5: In Section 01310 of the Specifications and General Conditions it says that once awarded the project a proposed schedule will need to be turned in within 10 days. However, in the bid documents that need to be turned in at bid time make it seem like the schedule will need to be turned in at bid time. Can you please clarify which do we follow. Do we need to turn the schedule in at bid time (June 17, 2025) or if we are awarded the project have 10 days to turn the schedule in. Response 5: A construction schedule is not required to be submitted with the bid documents. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org k ITB-UTIL 04-23-2025 AF ADDENDUM NO. 3 tTO CONTRACT DOCUMENTS ISSUED: JUNE 12, 2025 PROJECT TITLE: WM #1 Tequesta Drive Water Main Replacement (ITB-UTIL 04-23-2025/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 BIDDERS' QUESTIONS AND ANSWERS ADD the attached bidders' questions and answers to the Bid Documents. PLANS SHEET D-2 REPLACE plan sheet D-2 with the attached plan sheet D-2 which has been revised to provide further clarification regarding the water service detail. END OF ADDENDUM 3 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 BIDDERS' QUESTIONS AND ANSWERS Question 1: Bid documents state that each bid shall remain open for 120 calendar days after the bid opening. If, after the date of this bid, any new or increased tariffs, duties, or other government-imposed costs on materials used in the work becomes effective, would the VOT allow for the Contract Price to be adjusted to reflect the actual increased cost to the bidder?The bidder would promptly notify the VOT of any such cost impact with supporting documentation. Additionally, would the bidder be entitled to an extension of time if such tariffs result in material shortages or delays. Response 1: The bid prices must be held for 120 calendar days after the bid opening. The Village will consider contract time extensions due to material shortages or delays with proper supporting documentation. Question 2: Project duration: Bid documents state there will be 180 calendar days from NTP to achieve substantial completion. This is an aggressive schedule when it typically requires 60 days to obtain the necessary SFWMD dewatering permit considering the direct discharge into the Loxahatchee River. Will additional time be considered prior to mobilization for permitting and material procurement? Response 2: Yes, additional contract time will be considered for permitting and material procurement. The Village and Engineer foster a team approach to work with the Contractor, not against the Contractor,to help ensure a successful project for everyone. Question 3: Project duration: Bid documents state that Substantial Completion is determined by the Engineer. Can you clarify what is required to obtain Substantial Completion? Will the new WM fully functioning and all services transferred over to the new WM suffice?This would leave restoration and the abandonment of the existing WM to be completed prior to Final Completion? Response 3: Substantial Completion is achieved when the Village has beneficial use of the improvements, i.e. when the new water mains are fully functioning and all services are connected to the new water mains. _ Question 4: Does the VOT have any land/property available for storage of equipment and/or materials? Response 4: As discussed at the Prebid Meeting, the Village may allow the contractor to use the water treatment plant property for a material staging/storage area. The water treatment plant is located at 901 N. Old Dixie Highway,Tequesta. _ Question 5: The provided conflict tables in the plans do not identify any of the potential conflicts with existing electric, communication, and "unknown"utilities. Since sizes and quantities of conduits are unknow and may not be able to be moved/relocated, will it be possible to adjust the location/alignment of the proposed WM to avoid these potential conflicts? Response 5: Yes,the proposed water main location/alignment may be field adjusted to minimize y, conflicts with existing utilities. The Village and Engineer will work with the Contractor to address any unidentified conflicts during construction. Question 6: In the design plans on Sheet C-5 at Station 83+80, there is a water service that crosses Tequesta Drive that doesn't appear to be reconnected to the new WM. Please confirm this water service will be abandoned. If not, would it be acceptable to tap the new WM at 82+75 and construct a new long water service (to be bored) under the driveway?The new WM is crossing under the existing 48"RCP drainage at the current water service location and will be approximately 10'deep. Response 6: Yes,that would be acceptable. Question 7. Addendum#1 states that a licensed asbestos inspector/contractor will not be required, however it also states that the bidder is required to properly dispose of the asbestos pipe. Since handling and hauling asbestos pipe to a proper landfill with a chain of custody would require a licensed asbestos contractor, will the bidder be allowed to leave the asbestos pipe in the ground? Response 7: Any asbestos-cement (AC) pipe removed from the site must be properly disposed of. Limited cut sections of cut AC pipe which have been removed for tie-ins and have not been crushed may be left in the ground adjacent to the water main unless otherwise directed by the Village or Engineer. Question 8: Is builder's risk insurance coverage required since there is no above ground construction? `- And if it is required for this project, can you confirm that the Contractor and not the owner is responsible for this policy? Response 8: No, builder's risk insurance is not required. Question 9: With regards to swale grading, there is an existing ditch from Station 46+00 to 51+00 that falls within the right-of-way and doesn't appear to have been taken into consideration. Please advise if the bidder will be required to regrade and sod any of the existing ditch that is not impacted by the WM installation. Response 9: No,the existing drainage ditch does not need to be regraded or sodded where it's not impacted by the water main installation. Question 10: With regards to swale grading, there are several trees and other landscaping/hardscaping that falls withing the swale grading area (edge of pavement to property line/ROW). Is the intent to leave as much existing landscaping or does the bidder need to remove and restore these items to allow for the construction of the swale per the detail? Response 10: The intent is to leave the existing landscaping intact and undisturbed as much as possible. Question 11: Per the measurement and payment, line stops are supposed to include all restoration including concrete driveways, sidewalks, and asphalt. Without knowing the location, as clarified in Addendum#1, how is the bidder to know what will be impacted?Can you remove this requirement and allow for payment via the established pay items for restoration? Response 11: The line stops, if required,will be installed in sodded areas. If the installation of the line stops require restoration of sidewalks, driveways, or roadways, restoration of those items will be paid for under those additional bid items. Question 12: Will the new swales need to be included on the as-built survey? _ Response 12: No, the swales will not need to be included in the as-built survey. Question 13: Is it known if the project area is subject to fluctuations in the groundwater elevation due to tidal impacts? Response 13: No, it is not known. Please refer to the Geotechnical Investigation report included in the Appendix C of the Contract Documents for additional information. _ Question 14: There are no details on how to restrain the existing asbestos pipe at connections. Will there be any special thrust blocks required to restrain the hymax couplers/asbestos pipe? _ Response 14: Per Section 01025, Bid Item No. 19 includes restraining the existing water main either through mechanical means or concrete thrust blocks. The Contractor must submit their proposed restraint method for approval by the Village and Engineer. However, _ attached for reference are examples of approved concrete thrust restraints. Question 15: Is the bidder responsible for reconnecting existing services to the new WM? _ Response 15: Yes,the Contractor is responsible for reconnecting water services to the new water main/new service. Question 16: Is there a requirement to pig the new WM? Response 16: Yes, per Section 02000 pigging is required. Question 17: Several of the restoration items state that any restoration outside the area depicted on the drawings will be paid for by the Contractor at no additional cost to the Owner. However, the areas depicted on the drawings in several areas appear much smaller than the area needed to complete the work. Examples include (1) the HDD Pits and Equipment space and(2) the NE corner of Riverside Drive and Tequesta Drive where the excavation is over 7'deep at the base of the signal pole and under the pedestrian crossing pole. _ Dewatering and proper shoring requirements on this corner will more than likely impact curb and asphalt at this location. Does the Contractor need to cover this cost under just the items that are shown to be removed and replaced? _ Response 17: Restoration for driveways, roadways, curb &gutter, and sidewalks will be paid for under those bid items. However, is expected that the Contractor will take all necessary precautions to limit the damage/impacts to areas adjacent to the worksite. Question 18: During the pre-bid meeting, it was indicated that the water treatment facility may be available as a possible staging area for materials. We require clarification on the specific types of materials that are permitted for temporary storage within this designated staging area. Specific Clarification Requested: a. What exact materials are approved for temporary storage at the water treatment facility staging area? b. Can we temporarily store boserock at this location to support project production and logistics? c. Can we temporarily store equipment/excavated materials/debris at this location to _ facilitate production and minimize off-site hauling during active work phases? d. Are there any specific limitations on the quantity, duration, or handling procedures for materials stored at this facility(e.g., maximum pile height, impermeable liner requirements, designated storage zones, site access hours)? e. Are there any environmental or operational restrictions specific to the water treatment facility that would impact the storage of these materials(e.g.,proximity to treatment processes, groundwater protection zones, dust control requirements)? Response 18: New materials for the construction of the water main and services may be kept on this site,along with equipment and trailer/Conex box. No hazardous materials may be kept on this site. Access to the site will be provided during the project working hours, 7:30 AM to 5:00 PM. Question 19: This Request for Information (RFI)seeks clarification regarding the feasibility and process for implementing full road closures during planned night work operations for the project, as opposed to being limited to one-lane closures. (If only one lane closure is acceptable, please clarify). Our current project planning is exploring the most efficient and safest methods for night work. Full road closures, where permissible, can significantly enhance worker safety and potentially reduce the overall project timeline by allowing for more continuous and unimpeded work. We would appreciate it if you could provide information on the following: a. Permitting Requirements for Full Road Closures: o What are the specific permits required from the Village of Tequesta to execute a full road closure for night work operations? o What is the typical lead time for obtaining approval for such permits, particularly for Maintenance of Traffic(MOT)plans that include full closures? b. Criteria and Conditions for Approving Full Road Closures: o Under what conditions or criteria does the Village of Tequesta typically approve full road closures for night work?(e.g.,specific road classifications, duration limits, traffic volume thresholds, nature of work). o Are there any specific roads or areas within the Village of Tequesta where full night closures are generally not permitted or are highly restricted? o What are the expectations regarding public notification and detour planning '- for full closures? c. Noise Ordinance Considerations for Night Work: o Given that night work often falls outside standard construction hours, what are the procedures for obtaining special permits or waivers to allow for noise-generating construction activities during nighttime hours, especially if a full closure is implemented to minimize overall impact? o What are the acceptable noise levels(d8A)for night work in various zoning districts in the Village of Tequesta, even with a special permit? Response 19: Bidders should prepare their bids based on keeping one lane of traffic open for the night work. Question 20: The intent regarding the reconnection of new water services to existing buildings/homes requires clarification. • Question 1:Scope of Reconnections:Are all water services shown in the plans intended to be reconnected to the existing service lines at the buildings/homes? The plans appear to show numerous water service lines, but the Bid Form (Bid Item 24) only calls for "2 Reconnections to existing long services."Please clarify the intended scope of reconnections. • Question 2:Party Responsible for Reconnection: For the water services requiring reconnection, is the responsibility for making these connections borne by the City/Owner, or is our firm, as the contractor, responsible for performing these reconnections as part of the scope of work?If it is our responsibility, please confirm if the "2 Reconnections"listed in the Bid Form are the only reconnections we are responsible ■ for, or if this bid item is merely a placeholder for a larger, unquantified scope of work. Response 20: The Contractor is responsible for installing everything shown in the "Potable Water Service Single 5/8" x W& 1" Meter Installation Detail (Polyethylene)"from the new water main to the angle dual check valve. Once the new main has been cleared and _ placed into service, the Contractor shall relocate the existing meter to the new meter box and connect the new service to the existing water service line running to the customer. This work is quantified under Bid Items 22 and 23. Please see the attached _. revised sheet D-2 with the service detail that has been revised to provide additional clarification. Bid Item 24 is for two individual 2"water service lines that need to be reconnected to the new water main once the new main has been cleared and placed into service. These two services are called out individually on the plans on sheets C-5 and C-6. _ Question 21: We are quoting the materials for the Tequesto Drive Water Main. We want to ensure we are using the current standards manual, APL and details. Very little information is the the plan set. Would you please send us the latest information so we are up to dote? Response 21: Please refer to the technical specifications for material requirements. _ -- Attachment tO Response No. 14 CROSS WITH PLUG TEE WYE BEND BEND TO FIT AND PAINT UNDISTURBED WITH 2 COATS BITUMINISTIC WIDTH SOIL PAINT BEFORE ASSEMBLY 6* MIN. CONCRETE 12' MIN. THICKNESS DEADMAN TYPICAL SECTION ALL THRUST BLOCKS SHALL BE FORMED. LAID FORMS SHALL BE INSPECTED BY ENGINEER PRIOR TO THE POURING OF CONCRETE. POURED THRUST BLOCK SHALL ALSO BE INSPECTED PRIOR TO BACKFILLING. CONCRETE SHALL BE MIN.2500 PSI STRENGHT AT 28 DAYS AND BEAR AGAINST UNDISTURBED STABLE SOILS. AREA OF CONTACT SHALL BE GOVERNED BY PIPE SIZE,MAX.PRESSURE IN PIPE,AND BEARING CAPACITY OF SOIL. PROTECT FITTINGS,BOLTS,ETC.BY COVERING WITH VISQUINE OR OTHER ACCEPTABLE MATERIAL, CONCRETE SHALL BE A MIN.OF 12"THICK. THRUST BLOCKS SHALL NOT BE AN ALTERNATIVE TO RESTRAINING GLANDS OR RESTRAINING GASKETS. THRUST BLOCKS MAY BE USED WHERE A SECOND FORM OF RESTRAINT IS REQUIRED AND WHEN TYING INTO EXISTING MAINS WHERE NO OTHER ALTERNATIVE EXISTS. (PLEASE REFER TO WRITTEN SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS) THRUST BLOCK THRUST BLOCK PIPE SOIL BEARING PIPE SOIL BEARING REMARKS AREA REQUIRED AREA REQUIRED SAFE BEARING LOAD AND PIPE PRESSURE OF 150 Thrust Blocks _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N 0 s_ iiT z Y jgill 'HoffiJER +. e O W° - o ( —t"-^ell �algRe z m .' U x /. o ! < yy ` 3d ;6 € r e ° U ZT1 5�I F _Fr woff S J Q 1 a W a gild 1 � #I �� sea 5" i•R a Pe' i Z w o g _ w A S gq tl Q>a Z LU R =Q2 u 3 o w C Ul y z < N LLng ! g > — o o a n $ 21i :ci c a W O & ts Z. i M I Y .6 i e � ti o e ' Y ❑ �F1 €9� I R ih i! i�l�. ! tt 1'Q` R!6� � Oil b,R ♦ �� �� Ey!e 5 !: 1!—. I,� 1 1 '�y'�1 !f�l:•tyi9 gib� !alli a� o, It, + �Sllti ' @ 4 E' i..l5�rljt9�cii11�• yI�i:1�C v Instructions to Bidders 1. DEFINED TERMS 1.1. Terms used in this document and the bid with initial capital letters have the meaning stated in these Instructions to Bidders,the General Conditions, and the Supplementary Conditions. 1.2. Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2018 Edition), have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsive, responsible Bidder to whom Owner (based on Owner's evaluation as hereinafter provided) makes an award. 2. COPIES OF BIDDING DOCUMENT 2.1. Complete sets of the Bidding Documents may be obtained from www.demandstar.com as 1 stated in the Invitation. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 3. QUALIFICATIONS OF BIDDERS 3.1. To demonstrate qualifications to perform the Work, each Bidder must submit with his/her Bid written evidence of previous experience, references, licensing requirements, evidence of authority to conduct business in the jurisdiction where the project is located, and insurance requirements. Each Bid must contain evidence of the Bidder's qualifications by completion of the Qualification Requirements form in the Front End Documents and Bid Proposal using projects completed by the Bidder that included work meeting the specific description stated on that form as well as evidence of Bidder's qualification to do business in the state where the project is located. Bidders who fail to meet the requirements of the Bidding Documents will not be considered for award, at Owner's sole discretion. 3.2. No Bid will be accepted from, nor will any contract be awarded to any person who is in arrears to the Owner, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to Owner, or any other governmental agency or entity, or who is deemed irresponsible or unreliable by the Owner. 3.3. No Bid will be accepted from, nor will any contract be awarded to any individual, firm, partnership,corporation, or association who is currently in litigation with the Owner,or who is providing testimony in current litigation against the Owner, or who has a financial interest in any litigation against the Owner. 3.4. Submit proof, along with Bid, of successfully completed comparable projects meeting the following criteria: I 3.4.1. List three (3) references/projects demonstrating experience, ability, and expertise in managing projects of similar size: 3.4.1.1. For each project, provide Owner's Name and Contact Information. 3.5. Bidders are required to complete and submit with their Bid, the Qualification Requirements forms included in the Front End Bid Documents. Owner will evaluate Bidders' experience and Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 6 1 conduct reference checks as part of the bid evaluation process. Bidder must show that Bidder has sufficient manpower and equipment to complete the Work,that previous experience meets the bid requirements,that past projects have been completed within budget and on schedule, that past projects have been managed professionally, and construction quality and field supervision are professional and of best industry practice. Owner shall have sole opinion as to whether Bidder's requisite experience is deemed acceptable. .- 3.6. Any Bidder who does not meet the qualification requirements of the Bid will not be considered for award. _ 3.7. Owner reserves the right to request additional experience, reference information, financial information and any other information necessary to perform a comprehensive evaluation of the Contractor and his/her major subcontractors. 3.8. Bidder shall perform a minimum of 60%of the work contemplated by this Contract with Bidder's own forces. 3.9. Bidder shall provide qualified full-time supervision on site at all times during the performance of Work under this contract. 4. EXAMINATION OF BID/CONTRACT DOCUMENTS AND SITE 4.1. Before submitting a Bid, each Bidder must(a) examine the Contract Documents thoroughly, (b) visit the site to observe local conditions that may in any manner affect cost, progress or performance of the Work, (c) be knowledgeable of federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Bid/Contract Documents. 4.2. The site is accessible to Bidder(s) by appointment to conduct such investigations and tests as each Bidder deems necessary to submit a Bid. Bidder must notify the Village to schedule a date and time for any such investigations and/or tests. Appointments for site visits shall be scheduled with Allyson Felsburg at afelsburg@tequesta.org. A pre-bid meeting, including a site visit, is scheduled as documented in the Invitation to Bid. 4.3. The lands upon which the Work is to be performed, rights of way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Conditions, General Requirements,Technical Specifications,or Drawings. 4.4. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. S. DETERMINATION OF ESTIMATED QUANTITIES 5.1. Lump Sum Contracts:The Bidder is responsible for the determination of the quantities for those items constructed within the authorized plan limits or dimensions. The Owner does not assume any responsibility for any incidental information in Bid documents that may be construed as a quantity of work and/or materials. 5.2. Contracts other than Lump Sum: For those items constructed within authorized plan limits or dimensions, use the quantities shown in the plans and in the Bid Forms as the basis of the Bid. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 7 The Owner will also use these quantities for final payment, as limited by the provisions for the field conditions, use and measurement.The quantities shown in the plans and on the proposal form are approximate and provide only a basis for calculating the bid upon which the Owner will award the Contract. Where items are listed for payment as lump sum units, the Bidder is solely responsible for his own estimates of such quantities and of the work to be performed. 5.3. The Owner reserves the right to make, at any time prior to or during the progress of the work, such increases, decreases, or alterations to the estimated quantities of work to be done or materials to be furnished which materially increases or decreases the cost or time of performance. Such increases,decreases,or alterations shall not constitute a breach of contract, shall not invalidate the contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The bidder agrees to perform the work, as altered,the same as if it had been a part of the original Contract. 6. INTERPRETATIONS 6.1. All questions about the meaning or intent of the Contract Documents shall be submitted to The Village of Tequesta, Utilities Department, Attn: Allyson Felsburg in writing by email (afelsburg@tequesta.org). 6.2. Replies anticipated by Owner that will affect the scope of work,duration of work, or cost of the work or are needed to provide clarification to the bid documents will be issued by Addenda and delivered to all parties recorded by www.DemandStar.com as having received the Bidding Documents. 6.3. Questions received less than seven days prior to the date for opening of Bids 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. 7. BID SECURITY 7.1. Bid Security shall be made payable to Owner, in an amount of five percent (5%) of the Bidder's total Bid price and in the form of a certified or bank check or a Bid Bond issued by a Surety meeting the requirements of Paragraph 6 of the General Conditions. 7.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Intent to Award, Owner may annul the Notice of Intent ,. to Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder who Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the"effective date of the contract" (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished or the one hundred and twenty first day after the Bid opening. Bid Security of other Bidders will be returned within thirty days of the Bid opening. 8. CONTRACT TIME 8.1. The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Forms and will be included in the Agreement. 9. LIQUIDATED DAMAGES 9.1. Provisions for liquidated damages, if any, are set forth in the Agreement. r— Village ofTequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 8 10. SUBSTITUTE MATERIAL AND EQUIPMENT 10.1. The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or"or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Owner is set forth in Article 7 of the General Conditions which may be supplemented in the General Requirements. 11. SUBCONTRACTORS, ETC. 11.1. If the Front End Documents or the Supplementary Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to Owner with the Bid or in advance of the Notice of Intent to Award or Notice of Award,the apparent Successful Bidder, and any other Bidder so requested,shall provide such evidence with the Bid, or shall submit to Owner upon request a list of all Subcontractors and other persons and organizations(including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person, and organization if requested by Owner. If Owner after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, Owner may before giving the Notice of Intent to Award or Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in the Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom Owner does not make written objection prior to the giving of the Notice of Intent to Award or Notice of Award will be deemed acceptable to Owner. 11.2. In contracts where the Contract Price is on the basis of Cost of the Work Plus a Fee,the apparent Successful Bidder, prior to the Notice of Intent to Award or Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Intent to Award or Notice of Award may only subcontract other portions of the Work with Owner's written consent. 11.3. No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. 11.4. Contractor must identify all major sub-contractors (performing more than 2% of the Work of the Contract)to be used for the work of this contract in the appropriate space provided on the Bid Forms and also provide experience as required in the Qualification Requirements of the Bid Proposal Section for each major subcontractor. 11.5. Qualifications of major subcontractors will be considered in Owner's evaluation of bids. If in Owner's sole opinion Owner determines that a subcontractor(s) is not qualified based on i previous experience, reference checks, or other bid qualification requirements Owner may require Bidder to replace the subcontractor(s) with a subcontractor(s) who meets these bid r- Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 9 P_ _ requirements. Replacement of major subcontractors(performing more than 2%of the Work of the Contract) will occur before the Contract is awarded and will be at no additional cost to the Owner. -- 11.6. Major subcontractors required to be identified on the Bid Forms or approved replacement sub- contractors, before Contract award, shall perform the Work intended. Substitute sub- contractors shall not be considered after the Project is awarded except in dire circumstances and as agreed upon in writing by the Owner, and at no additional cost to Owner. 12. PRICES BID 12.1. Prices shall be shown in unit amounts, written numerical figures, and extensions (Values) whenever applicable. In the event of discrepancies existing between unit amounts and extension (Value) or totals,the written unit amounts shall govern. 12.2. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.3. Discounts extended to Owner shall include but not be limited to those discounts normally extended to governmental agencies as well as the private sector. 12.4. Chain discounts are not acceptable and will not be considered in determining an award. Firm prices are to be quoted for the term of the Contract. 12.5. Bidder warrants by virtue of bidding that prices,terms and conditions in the Bid will be firm for acceptance for a period of one hundred and twenty (120) calendar days from the date of Bid opening unless otherwise stated by the Owner. 12.6. The Bid price shall include all permit fees,royalties, license fees and other costs arising from the use of such design, device or materials in any way involved in the work and all costs of packaging,transporting and delivery to the designed location within the Owner. 12.7. For the purpose of evaluation,the Bidder must indicate any variance or exceptions to the stated specification no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the specifications in every respect. 12.8. Should Bidder feel that the cost for any portion of the work has not been established by the Bid Items or Section 01150 of the Technical Specifications, Bidder shall notify Owner prior to submitting a Bid. If such notice is not provided by Bidder to Owner at least five business days prior to the date Bids are due, Owner will expect that the submitted Bid includes all costs required to complete the Work in its entirety. 13. BID FORMS .� 13.1. Bid Forms must be completed in ink or typed. The Unit Price and Extended Value of each Item on the form must be provided in numerals. Bidder must bid on all Bid Items, including all Base Bid and all Additive Alternate Bid Items,on the Bid forms(Bid Schedule of Values). All bid forms must be filled out in their entirety.Figures must be provided for all unit prices and values.Words must be provided where indicated. Incomplete bid forms will be considered non-responsive. r r Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 10 F r _ 13.2. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.3. Bids by partnerships must be executed in the partnership name and signed by a partner,whose title must appear under the signature and the official address of the partnership must be shown below the signature. 13.4. All names must be typed or legibly printed below the signature. 13.5. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Forms). 13.6. The email address and US Postal address to which communications regarding the Bid are to be directed must be shown. 13.7. If the Bid forms contain alternate(s), Bidder must bid on all alternate(s). 14. SUBMISSION OF BIDS 14.1. Bids will be received by the Village of Tequesta via DemandStar. All bid responses must be -- submitted electronically following the instructions on DemandStar.Electronic responses are the only method allowed for Bidders to respond to this solicitation. Bids shall be submitted on or before the date and time specified. All bid responses must be submitted on the provided Invitation for Bid "Bid Proposal" Form. Bid responses on vendor letterhead/quotation forms shall not be accepted. Responses must be typewritten or written in ink and must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. 14.2. Bid forms: The following documents are required to be included in bid responses and made a condition of this Bid: 1. ❑ Bid Proposal _ 2. ❑ Bid Schedule of Values 3. ❑ List of Subcontractors and Suppliers 4. ❑ Qualification Requirements and proof of previous experience 5. ❑ Acknowledgement of Addenda 6. ❑ Contractor Safety Qualification Form 7. ❑ E-Verify Affidavit .. 8. ❑ Drug-Free Workplace Certificate 9. ❑ Village Clerk's ADA Compliance Statement Form 10. ❑ Sworn Statement on Public Entity Crimes 11. ❑ Trench Safety 12. ❑ Bid Bond 15. OPENING OF BIDS 15.1. Bids will be opened virtually and publicly. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 11 _ 15.2. When Bids are opened publicly they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be posted on Demandstar.com and made available after the opening of Bids. -� 16. BIDS TO REMAIN OPEN 16.1. All Bids shall remain open for one hundred and twenty(120)calendar days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid prior to that date. 17. AWARD OF CONTRACT 17.1. Owner reserves the right to reject any, and all Bids, to waive any, and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between the indicated value and the correct value as calculated by the product of the unit price and the estimated quantity will be resolved by using the stated unit price. •- 17.2. In evaluating Bids,the Owner shall consider the qualifications of the Bidders and whether the Bids comply with the prescribed requirements, alternates, and unit processes of the Bid Documents. 17.3. Owner may consider the qualifications and experience of Subcontractors and other persons and organizations(including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other r persons and organizations must be submitted as provided in the Supplementary Conditions and Bid Documents. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner. 17.4. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, .. proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 17.5. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 17.6. If the contract is to be awarded,it will be awarded to the lowest, responsive,responsible Bidder, r based on the lowest Total Base Bid Price, or the lowest Total Base Bid Price including any combination of Alternate Bid Item(s) evaluated by the Owner to be in the best interest of the Owner. All Bid pricing shall be submitted on the Bid Proposal Form (Bid Schedule of Values) included in the Front-End Bid Documents. Owner may, at Owner's sole discretion, award the contract based on the lowest Total Base Bid Price with the option to add any combination or all of the Alternate Bid Items to the contract by Change Order during the course of the contract. 17.7. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within one hundred and twenty(120)days after the day of the Bid opening. 17.8. More than one Bid received for the same work from an individual,firm,partnership,corporation or association under the same or different names will not be considered.If,in the determination of the Owner,there are reasonable grounds for believing that any Bidder is interested in more Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 12 _ than one Bid for the same work, or that any collusion exists among the Bidders,this will result in the rejection of the Bids of those Bidders who participated in those Bids. In either case,the Owner may deem those Bidders to be a non-responsible or non-qualified Bidder. 17.9. Bidder understands and agrees that the agreement provided herein is subject to change and the removal or addition of updated provisions. 18. INSURANCE AND BONDS 18.1. Article 6.0 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Insurance, Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by the required Contract Security and Certificate of Insurance. 19. SIGNING OF AGREEMENT 19.1. When Owner gives a Notice of Award or a Notice of Intent to Award to the Successful Bidder, it will be accompanied by at least two unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days thereafter Contractor shall sign and deliver at least two counter parts of the Agreement to Owner with all other Contract Documents attached. Within sixty (60) days of Notice of Award, Owner will deliver all fully signed counterparts to Contractor. 20. PERMITS 20.1 Contractor is responsible to obtain all permits required by local, State, and Federal regulations ... as necessary to complete the Work of the Contract, unless otherwise noted. The Contractor is responsible to perform the Work in accordance with all permit conditions whether Contractor holds the permit or Owner/Village holds the permit. ., 20.2 Contractor is responsible to obtain Lockout Tagout permits, as may be required, to perform work. Permits are obtained from the Village of Tequesta Electrician. 20.3 Water for construction purposes can be made available to Contractor by Owner if requested and agreed upon.Contractor will be responsible to provide labor, materials, and equipment as may be necessary to convey the water as needed for Contractor's use, including backflow prevention as may be necessary.Contractor shall coordinate the location for water supply with Owner. 21. TAXES 21.1. The successful Bidder shall pay all applicable sales, consumer use and other similar taxes required by law. 22. CONTRACT DOCUMENTS 22.1. It is the intent of the Contract Documents to describe a functionally complete project(or portion _ thereof)to be constructed in accordance with the Contract Documents.Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for.When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, n r Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 13 f _ whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 22.2. The apparent silence of the specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the •- finest quality are to be used.All interpretations of the specifications shall be made,on the basis of this statement. 22.3. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to Owner in writing, and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Owner. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 22.4. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts,or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be �. required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installations shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 22.5. Plans and specifications will be provided free of charge to the successful bidder upon contract award.These plans and specifications will include one original executed contract,one set of full- size plans,one set of 11"x17" plans, and electronic copies as requested. Additional hard copies of plans and specifications may be provided with the cost charged to the successful bidder at the Village's cost to print and reproduce them. Owner will not provide anything but complete plan sets, no individual plan sheets or specification sheets will be made. 23. EQUAL OPPORTUNITY 23.1. The Village of Tequesta recognizes fair and open competition as a basic tenet of public _ procurement. Contractors doing business with the Owner are prohibited from discriminating, on the basis of race, color,creed, national origin, handicap, age or sex. 24. OCCUPATIONAL HEALTH &SAFETY 24.1. In compliance with Chapter 442,Florida Statutes,any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered, as a result of this Bid must be accompanied by a Material Safety Data Sheet("MSDS")which may be obtained from the manufacturer.The MSDS must include the following information: 24.1.1. The chemical name and the common name of the toxic substance. Village of Tequesta Utilities Department WM#1Tequesta Drive Water Main Replacement Page 14 9 1M 24.1.2. The hazards or other risks in the use of the toxic substance including: a)The potential for fire, explosion, corrosively and reactivity; b) The known acute and chronic health effects of risk from exposure including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance;and c)The primary routes of entry and symptoms of over exposure. 24.1.3. The proper precautions, handling practices, necessary personal protection equipment �- and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of exposure. 24.1.4. The emergency procedure for spills, fire, disposal and first aid. 24.1.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 24.1.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for r_ preparing the information. 24.2. Bidders are required to complete and submit with their bids the Contractor Safety Qualifications Form included in the Front-End Documents. .• 24.3. Contractor of Award and sub-contractors will be required to perform the Work of the Contract in accordance with the Environmental Protection Agency Risk Management Program (40 CRF — 68.87) and the Occupational Safety and Health Administration's Process Safety Management Program (29 CRF 1910.119(h)). 25. AUDIT RIGHTS 25.1. The Owner reserves the right to audit the records of the successful Bidder for the commodities and/or services provided under the Contract at any time during the performance and term of _ the Contract and for a period of five (5) years after completion and acceptance by the Owner. If required by the Owner,the successful Bidder agrees to submit to an audit by an independent certified public accountant selected by the Owner.The successful Bidder shall allow the Owner to inspect,examine and review the records of the successful Bidder in relation to this Contract .• at any,and all times during normal business hours during the term of the Contract. 25.2. The Inspector General of Palm Beach County has the authority to investigate and audit matters r 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 i Statutes, in the same manner as a second-degree misdemeanor. r Village of Tequesta Utilities Department WM1*1 Tequesta Drive Water Main Replacement Page 15 26. CONFLICT OF INTEREST 26.1. The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. Bidders must disclose with their Bid the name of any officer, director, partner, proprietor,associate or agent who is also a public officer or employee of the Owner or any of its agencies. Further, all Bidders must disclose the name of any public officer or employee of the Owner who owns, directly or indirectly, an interest of five percent (5%)or more in the Bidder's firm or any of its branches or affiliate companies. 27. SPECIAL LEGAL REQUIREMENTS 27.1. PUBLIC RECORDS 27.1.1. 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. 27.1.2. 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. 27.1.3. 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. r i 27.1.4. 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. 27.1.5. 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. 27.2. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES !' 27.2.1. The Village of Tequesta encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. ' 27.3. CONE OF SILENCE,Sec. 2-355. Cone of Silence 27.3.1. Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: F 27.3.1.1. Any person or person's representative seeking an award from such competitive solicitation; and 27.3.1.2. Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 16 i not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. 27.3.2. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner,officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. 27.3.3. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation.The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. 27.3.4. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees,Contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further,the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. 27.3.5. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or Village ordinance as applicable. 27.3.6. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable,awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. 27.3.7. Any contract that violates the cone of silence provisions in this section shall render the transaction voidable. 27.4EMPLOYMENT ELIGIBILITY REQUIREMENTS(E-VERIFY REGISTRATION AND USE) 27.4.1 Provisions for employment eligibility under Section 448.095 F.S.(Florida Statutes) shall apply to all contractors and subcontractors performing Work, providing supplies, or providing services under this Contract. 27.4.2 Bidders are responsible to review Section 448.095 F.S. in its entirety and ensure that all obligations of the Statute are complied with. Village of Tequesta Utilities Department WlV#1 Tequesta Drive Water Main Replacement Page 17 27.4.3 Bidder shall register and use the E-Verify system as required by Section 448.095 ^ F.S. and require their subcontractors and suppliers to do the same. 27.4.4 The Apparent Successful Bidder shall provide Owner with any information or ^ documentation necessary for compliance with the E-Verify requirements of Section 448.095 F.S. as requested in writing by Owner. 27.4.5 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://e-verifv.uscis.gov/emp,to verify the work ^ authorization status of all Contractor employees hired on and after January 1, 2021. 27.4.6 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. (Refer to Bid Proposal forms in the Front Ends) i 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. 27.4.7 Contractor must provide evidence of compliance with Section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor (refer to Bid Proposal forms)stating all employees hired on and after January 1,2021, r have had their work authorization status verified through the E-Verify system and copyoftheir proof of registration is in the E-Verify system. 27.4.8 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. END OF INSTRUCTIONS TO BIDDERS s Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 18 Bid Proposal Bidding Company Name: Ferreira Construction Co., Inc. Village of Tequesta Utilities Department 345 Tequesta Drive Tequesta, FL 33469 Gentlemen: The undersigned,as Bidder, hereby declares that the only Persons, company, or parties interested in the Proposal or the Contract to be entered into, as principals, are named herein; and that this Proposal is made without connection with any other person,company, or parties making a Bid or Proposal;and that -- it is in all respects fair and in good faith without collusion or fraud. That the Bidder has carefully and to his full satisfaction examined the attached Instructions to Bidders, General Conditions, Supplementary Conditions, detailed Specifications, and Form of Contract and Bond, together with the accompanying plans, and that Bidder has read all addenda issued prior to the opening of Bids; and that Bidder has fully examined the site and the project documents and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to the prosecution and completion of the work,to wit: Installation, testing,and disinfection of approximately 6,300 linear feet of 8-inch through 12-inch water mains,fittings, valves and other appurtenances along Tequesta Drive. Connections to existing water mains. The transferring of services from the existing water distribution system to the new water distribution system. The abandonment of the existing water distribution system. Restoration of all areas affected by construction activities to existing conditions or better. It is proposed that the project herein described shall be constructed for the Unit Prices as follows on the Bid Schedule of Values, all in accordance with the requirements and provisions of the Contract Documents. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 20 Proposal (Continued) If awarded the Contract, the undersigned agrees to execute the proposed Agreement/Contract and provide required insurance within fifteen (15)calendar days from the date set forth in the Notice of Intent to Award or Notice of Award, which ever one is received first, and to fully complete all necessary work within the Contract Times specified below after date of written Notice to Proceed, with such extensions _ of time as are provided for in the General Conditions. Contract Durations for Name of Proiect Scope: Substantial Completion: 180 calendar days from Notice to Proceed Final Completion: 210 calendar days from Notice to Proceed The undersigned understands the Contract Time starts on the date of Notice to Proceed.The undersigned understands the Contract Times include Contractor obtaining permits,complete shop drawing submittal, and all other work required to complete the Work in full. The undersigned agrees that all bid documents issued for this project, including addenda, have been reviewed and site visits performed, as necessary to provide a comprehensive bid. The undersigned acknowledges receipt of (insert number)Addenda for this project. The undersigned agrees to provide release of liens for all subcontractors and suppliers during the course of the contract with each payment application. 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 make the CONTRACTOR a vendor in the Village of Tequesta system. The undersigned is aware that 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 Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 21 Proposal (Continued) The undersigned states that this bid proposal is the only proposal for this project in which he is interested and certifies that all of the information provided in this bid proposal is true and correct. SUBMITTAL DATE June 17, 2025 FIRM NAME Ferreira Construction Co.. Inc. FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN) 22-3334957 (if the entity has no FEIN, include the Social Security Number of the individual signing this Proposal SIG AT RESP S L Fl� ,.. PRINT NAME AND TITLE OF RESPONSIBLE OFFICIAL John Ciabattari Vice President EMAIL ADDRESS OF RESPONSIBLE OFFICIAL iciabattari ferreiraconstruction,com BUSINESS ADDRESS 13000 SE Flora Avenue, Hobe Sound FL 33455 BUSINESS TELEPHONE ^ (772)285-5123 STATE OF INCORPORATION New Jersey FULL NAMES AND ADDRESSES OF PERSONS OR PARTIES INTERESTED IN THE FOREGOING BID,AS _ PRINCIPALS: Nelson Ferreira, President Dictinio Garcia, Sr. Vice President Lou Pacheco, Vice President Brian Delpome, Sr. Vice President Nancy Vliet, Sr. Vice President Jerome Killian, Sr. Vice President Michael Steelman, Vice President John Ciabattari, Vice President Danny Garcia. Vice President Robert Higginbotham, Vice President FULL NAME,TITLE, EMAIL ADDRESS,AND PHONE NUMBER OF PERSON MANAGING THE WORK UNDERTHIS CONTRACT: -� John Ciabattari, Vice President.iiabattari(�ferreiraconstruction.com, (772) 286-5123 Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 22 r Bid Bond 'This page should be clearly marked with a tab for easy identification during the bid opening process. Bidder Surety l Name: Ferreira Construction Go., Inc. Name: Berkshire Hathaway Specialty Insurance Company I Phone: (772)286-6123 Phone;(402)916-3000 _ Address(principal place of business): Address(principal place of business): 130OU BE Flora Avenue,Hobe Sound Florida 33455 1314 Douglas Street,Suite 1400,omana,NE 68102 Owner Bid Name: village or Till Utilities Project(nameondtocotion): _ Department Phone: 561-746-5134 WM#1 Tel Drive Water Main Replacement, Tel Florida Address(principal place of business): 345 Tequesta Drive Tequesta, FL 33469 Bid Due Date: June 17.2025 Bond Penal Sum: 5%of Total Bid Amount Date of 8ond: June 17,2025 j 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. Surety affirms it is authorized to do business in the State of Florida,and the Village of Tequesta,and as _ having an Agent resident therein. r J 'Bidder Surety Ferreira Constr n Co {hc. , Berkshire Hathaway Specialty Insurance Company _ (J f f i name of de (Full formal dame of Surety)(cur porate seal) y By: By: (Signature). (Signature)(Attach Power of rtorney) Name J rbill �Lu i, t r, Name: Marisoi Moves (Printed or typed) (Printed or typed) Title: - Title: Attorney-in-Fact Attest: Attest: j t (Sig oturej Signature) Name: Name: William A.Drayton Jr (Printed or typ Ra (Printed or typedl Title: Title: Witness - i(6it► Nores:(1)Note:Addresses ore to be used for giving any required notice,(2)Provide execution by any additionalgornes,sr ch as joint venturers,if necessory. r r• .. Y e Village ofT9ouaira Utilities Department d ''•�\�' WM41 Tequesta Drive water Main Replacement I r Page 47 �: Bid Bond(Continued) 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 bythe 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, Power of Attorney(s),and Certificate(s)of Insurance required by the Bidding Documents, 3. This obligation will be null and void if: a. Owner accepts Bidders 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, Power ofAttorney(s),and Certificate(s)of Insurance required by the Bidding Documents,or b. All Bids are rejected by Owner, or c. Owner fails to issue a Notice of Award to Bidder within the time specIiied in the Bidding Documents (or any extenslon 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 rece'ved 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,sea),and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11, The term "Bid"as used herein includes a Bid,offer, or proposal as applicable. Village of Tequesta utilities Department WM91 Tequesta Onve Water Main Replacement page 48 ACKNOWLEDGEMENT OF CONTRACTOR- IF A CORPORATION STATE OF V-Ua 'iA(.— — COUNTY OF N\C1 `�M ON THE 17th DAY OF June,2025 BEFORE ME PERSONALLY APPEARED TO V KN yVN,SW}j0, BEII G BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE 1CQ..9 1�� � OF Ferreira Construction Co„ Inc,THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME, IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. �ECILIA R.WIN r * Commissbn 9 HH 376794 Notary Public T EvfmsAn029,2027 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 17th DAY OF June,2025 BEFORE ME PERSONALLY APPEARED Mar;so- Vo;.-a TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Berkshire _ Hathaway Specialty Insurance Company, THE CORPORATION THA1 EXECUTED THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE, Notary Public"' URSULA JAK BU IAK i NOTARY PUBLIC sTATF OF NEW 3Ej NCH D,EY M i MY COMMISSION p(poA FS 1 COMMISSION:�54154109 m low" 51128 n Berkshire fiathawray LbW Specialty Insurance n Power Of Attorney BERKSrHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY N Know all mien by these presents,that I$RLHM. HATHAWAY*vJ±E(IALTY IMSUNANCE COMPANY_a corporation andstfng under and by virtue of the laws of the State of Nebraska and havurtr an,office at One Lincoln Street,23W Hoor,iBasfan,Mal,achasetts b 02111,NADQjyAL LN_UFMNfr'_C_QyjMY a carpora"it existing under and by virtue of the laws of the State of Nebraska and havingan office at 3a24 Hamey Street,Omaha,Nebraska 68131 and NATIlZNA4UA81UTY1_FIU-IN�RAhCE COMPANY a corporation existing � Under and by virtue of the laws of the State of CgnneCdcutond having an(JFfjce at 100 First SUrnkrd Place,Stamford,Connecticut 06902 $) (hervInafter wIlectivek the"Companies"),pursuant to and by the authority granted as set forth h enin,do neretry narne,consttw,re 'n and appoint:MIgrlf2l_Msligg,KeiiI_VAMh k.,_DVMas M�ORMUL y-N*i_L Scr>braea Andneg- is—Moran—lit. oftY, L° t00 South) fe_rSgn RQaQ 5uitr 1p�,_of this titv,"hfpppa ly,State of New.lartie their true and lawful attorneys)-in-fact to make, g H execute,seal,acknowledge,and deliv6,for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory in the naturethereflf,in pursuance of these ovesenls,the execution of which shall tie as.bind,nb upon the A 3 Companies as If it has been duly signed and executed by their regularly elected officers to their awn proper persons This authority for a the Atmraay-In-fact shall be limited to the execution of the attached bond(s)or other such writings obligatory in the nature thereof. t,S In witness whereof,this Power of attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of the Companies have been affixed hereto this date of August 24,2023,This Power cif Attorney L made and executed pursuant to and by authrulty of the fsylavd,Resolutions of the,Board of Uire=r i and other Authorizations of ifERKSHIRE HATIiAWAYSPECIALTY m y INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&F1R6 INSURANCE COMPANY,which ere in full tut ee and effect,each reading as appears on the back page of this power of Atlnmey,respectively.The folfowtng seats of thaw Companies and signatures by an authorized officer of the Company may be affixed by facsimile or digital format,whkh shall be deemed the E equivalent of and constitute the written slgna wre of such officer of the Companies and original seals of the Companies for ell c purposes regamlIng this Power of At¢irney,including satisfaction of artysignerure and seal requirea vents on any and all undertakings, bonds,or other such writings obligatory in the nature thereof,to which this Powerof Attorney applira. o > a BERK.SHiRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, By: By: I David Fields,Executive Vice President Dayld Fields,Vice President G yyperw(ry' nEMry t,tiREW � b _x ?s�ts9'.r�o�r 'v[Ztjt}i".� _AL `� S -_ (\n "' ali,n 7 �E�r�Y fjp o f 2 tk4'a Ai+� bf 1�NJ.NFfZ�f, SO��hgt��f i fF c NOTARY b r .� State of Mauachuaetts,County of Suffolk,ss: o` On thq 24th day of August,2023,before Rre appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY E INSURANCE COMPANY and vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPA?4> r who being duty svrorrn,says that his capacity Is as designated above far such Companies;that he knows the coraoroie seats of the i b ... Gompanfes;that the seals affixed to the foregoing instrurnern,are such corporate seals;that they were affixed by order of the board of i E directors or other governing body of said Companies pursuarrttri its Dylaws,Resolutions and other Authorisations,and that he slgnvd said Instrument in itiet capacity of said Companies, [Notary Seel] tj is "� s7•�f JOHN C. r• I icy( NdVY Pubic, Notary Public OOf'trr#Sr�f��ed+IRlrettL I,Ralph Turtorella,the undersigned,Of cn—t of WKS W E HAT14AWAYSPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONALUABfI ITY A FIRE INSURANCE COMPANY,do hereby certify that the above and forglIaIng is a uija and corrtct copy of the Power of Attorney executed by said Companies which is in full force and affect and has not been revoked IN T LSTMONY P WI-,ERkQ,IS jest hereunto affixed the seals of said Companies Ihis fit 2LjQZ. r Ctuh;T not IT SITRETY r _ , ...*"r, v�a*8f•sLfd �t.�+ Ralph Tortunefla,Officer i 9 BHSIC,N�t:O 4.141F POA(2023) BERKSHIRE HATHAINAY SPECIALTY INSURANCE COMPANY(BYLAWS) ARTICLE V. CORPORATE ACTION5 EXECUTION OF DOCUMENTS: — Section 6,(b)The President,any Vice President or the Secretary,shall have the power and authority: (1) To appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and (2) To remove at anytime any such Attorney-in-fact and revoke the authority given him. "ATION"DEMNM Y COMPANY(BY-LAWS) Section A.Officers,Agents,and Erttployees: — A. The officers shall be a President,one or more Vlce Presidents,a Secrretary,one or more Assistant Secretaries,a Treasurer, and one or more Assistant Treasurers none of whom shall be required in be shareholders or Directors and each of whom shall, be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has beer elected and qualified.may serve successive terms of office,may be removed from office at any time for or without '— cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pendin to such office or as mey be directed from time to time by the Board of Directors;and the Board Df Directors or the officers m_y from time to^me appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation. — NATIONAL INDEMNITY COMPANY(BOARD RESOLUTION ADOP ED AUGUST 6,2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority given. — NATIONAL LIABILITY&FIRE INSl1RAN4E COPIiPANY(BY-LAWS) ARTCLE IV Officers a0Qn 1.Offtr n.Agents_.a04 Ernp1 yee5. A.The officers shall be a president,one or more vice presidents,one or more asssstant vice presidents,a secretary,one or more ass scant secretaries,a treasurer,and one or more assistant treasurers,gone of whom shall be required to be shareholders or directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office _ of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be differert individuals. Election or appointment of an ufficer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and nbligations as usually are vested in and pertain to such office — or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or reressary to the affairs and business of the Corporation. NATIONAL LIABILITY&.FIRE INSURANCE COi)APANY(BOARD RESOLUTION ADO.eTED AUGUST 6,2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time — any such Attorney-in-fact and revoke the authority given. BH51C,NICO&NLF POA(2023) _ General Correspondence, BERKSHIRE HATHAWAY SPECIALTY _ INSURA,NCE COMPANY 1314 Douglas:Street,Suite 1400, Ornem,Nebraska 68102-1944 ADMITTED ASSETS` 121311&024 1 132 112M 1?13112022 .� Total invested assets $ 7,425,803,196 $ 6,702,811,810 S 5,680,246480 Premium&agent balances(net) 635.096,365 a0,388,245 582,469,494 Ail other assets 224,603,005 204,a'036 217,334 073 Total Admitted Assets 6,8 . 02, 66 7, 810,0 1 ,4t30 907 LIABILITIES & SURPLUS* .. 12[31tnZ 1122( 112023 MA I jZsD22 Loss a loss exp.unpab 5 2,023,749,631 S 1,826,674.263 S 1,496.870,171 Unearnad premiums 683,693,113 604,889,749 536,797,663 All other GabiliNes 1,079.218,932 1.240,939,866 1.065,221,044 Total Liabilities 308,558,676 3,671,613,881 U97,889,OSI8 Total Pollgyholdens'S4tplus 4, 98,943,BS0 -3,926 8,230 3 3ti216 2a9 Total Liabilities&Surplus 7,697,810,. 6 6,480, 9,9€7 Assets,lisbUitles and surplus are presented on a Statutory Accounting Basis as promulgatod'by the NAIC and/or the laws of the companys domiclilary state, Bid Schedule of Values WM#1 Tequesta Drive Water Main Replacement BIDDING COMPANY NAME: Ferreira Construction Co. Inc ESTIMATED NEC. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED VALUE SCHEDULE A:COMMON ITEMS 1A Mobilization,Demobilization, LS 1 175,290.00 175,290.00 Bonds &Insurance $ $ — 113 Maintenance of Traffic LS 1 $ 63,685.00 $ 63,685.00 1C As-Built Record Drawings LS 1 $ 63,015.00 $ 63,015.00 — ID Audio Video Documentation LS 1 $ 3,395.00 $ 3,395.00 370.00 lE NPDES Permit/Erosion Measures LS 1 $ 8, $ 8,370.00 Furnish and Install 4-inch PVC LF 20 210.00 4,214.00 2 Water Main $ $ -' 3 Furnish and Install 6-inch PVC LF 40 $ 173.15 $ 6,926.00 Water Main 4 Furnish and Install 8-inch PVC LF 750 $ 152.55 $ 114,412.50 — Water Main 5 Furnish and Install 10-inch PVC LF 2,900 $ 188.20 $ 545,780.00 — Water Main 6 Furnish and Install 12-inch PVC LF 80 $ 267.25 $ 21,380.00 Water Main 7 Furnish and Install 10-inch HDPE LF 400 $ 129.80 $ 51,920.00 Water Main 8 Furnish and Install 12-inch HDPE LF 2,510 $ 147.90 $ 371,229.00 — Water Main 9 Furnish and Install Ductile Iron Tons 5.6 14,451.00 80,925.60 Fittings $ $ — 10 Furnish and Install 10" PVC/HDPE EA 6 512.40 3,074.40 Transition Adapter $ $ 11 Furnish and Install 12"PVC/HDPE EA 34 538.75 $ 18,317.50 — Transition Adapter $ 12 Furnish and Install 4-Inch Gate EA 2 $ 2,001.65 $ 4,003.30 — Valve with Valve Box 13 Furnish and Install 6-Inch Gate EA 7 $ 2,303.75 $ 16,126.25 Valve with Valve Box Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 23 Bid Schedule of Values (Confd) WM#1 Tequesta Drive Water Main Replacement ITEM ESTIMATED O. ITEM DESCRIPTION UNIT UQ ANTITY UNIT PRICE EXTENDED VALUE 14 Furnish and Install 8-Inch Gate EA 23 $ 3,393.35 $ 78,047.05 Valve with Valve Box 15 Furnish and Install 10-Inch Gate EA 8 $ 5,098,90 $ 40,791.20 Valve with Valve Box 16 Furnish and Install 12-Inch Gate EA 10 $ 5,894.60 $ 58,946.00 Valve with Valve Box 17 Furnish and Install Fire Hydrant EA 7 10,527.00 73,689.00 Assembly w/6"GV AND Valve Box $ $ Furnish and Install 24"X 24" 18 Concrete Collar w/Tracer Wire EA 15 $ $ 9,903.75 Access Box 19Connect New Water Main to EA 22 7660.25 ,913.60 42,099.20 Water Main(4"to 12") $ $ 20 2" Fill and Flushing Assembly EA 10 $ 2,046.00 $ 20,460.00 21 Furnish and Install Sample Point EA 25 $ 744.35 $ 18,608.75 22 Furnish and Install Short Single EA 13 $ 3,122.15 $ 40,587.95 Service Furnish and Install Long Single 23 Service(Directional $al Bore w/ EA 31 6,903.55 $ 214,010.05 Casing) Reconnect Existing 2"Long Single 24 Service(Directional Bore w/ EA 2 6,891.45 $ 13,782.90 Casing) $ 25 Pressure Testing and Chlorinating LF 6,700 $ 2.30 $ 15,410,00 New Water Main 26 Cap,Grout,and Abandon Existing LF 1,170 16.90 19,773.00 6"AC Pipe $ $ 27 Cap,Grout,and Abandon Existing LF 1170 $ 17.40 $ 20,358.00 8"AC Pipe 28 Cap,Grout,and Abandon Existing LF 4,420 $ 14.45 $ 63,869.00 10"AC Pipe 29 Concrete Sidewalk Replacement SY 300 $ 106.95 $ 32,085.00 30 Brick Paver Sidewalk Replacement SY 10 $ 249.65 $ 2,496.50 31 Gravel Driveway Replacement SY 240 $ $27.70 6,648.00 Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 24 Bid Schedule of Values (Cont'd) WM#1 Tequesta Drive Water Main Replacement ITEM ESTIMATED O. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED VALUE 32 Asphalt Driveway Replacement SY 535 $ 94.85 $ 50,744.75 33 Concrete Driveway Replacement SY 225 $ 100.65 $ 22,646,25 — 34 Stamped Concrete Driveway SY 10 511.80 5,118.00 Replacement $ $ — 35 Brick Paver Driveway Replacement SY 100 $ 202.15 $ 20,215.00 36 Asphalt Pavement Replacement SY 680 $ 120.55 $ 81,974.00 — 37 Concrete Curb and Gutter LF 230 37.75 8,682.50 Replacement $ $ — 38 Sodding SY 6,080 $ 6.25 $ 38,000.00 39 Tree&Shrubbery Restoration LS 1 $ 9,075.00 $ 9,075.00 40 Root Barrier LF 50 $ 48.00 $ 2,400.00 — 41 Furnish and Install 4" Line Stop EA 1 8,001.00 8,001.00 Assembly $ $ 42 Furnish and Install 6" Line Stop EA 1 8,032.00 8,032.00 Assembly $ $ 43 Furnish and Install 8" Line Stop EA 1 8,278.00 8,278.00 Assembly $ $ — 44 Furnish and Install 10" Line Stop EA 1 9,232.00 9,232.00 Assembly $ $ 45 Owner's Allowance LS 1 $ 200� $ 200 000 " TOTAL BID PRICE:(ITEMS 1-45)_ $ 2,796,027,40 TOTAL BID PRICE(ITEMS 1-45) IN WORDS: Two million seven hundred nines-six thousand twenty-seven dollars and forty cents Village of Tequesta Utilities Department WM$$l Tequesta Drive Water Main Replacement Page 25 r ALTERNATE BID ITEMS Bidder is required to provide unit prices for the items below. Below prices may be used by the Owner _ for additional work needed to complete the project or under the Owner's Allowance. The Owner reserves the right to negotiate below pricing if considered to be in the best interest of the Owner. ALT. ITEM ALTERNATE ESTIMATED UNIT QUANTITY UNIT PRICE EXTENDED VALUE NO. ITEM DESCRIPTION A-1 Mill And Overlay Asphalt SY 3,500 Road $ `19.5O $ 103,2K f! TOTAL BID PRICE:(ITEMS 1-45 AND A-1)_ $ 2,899,277.40 TOTAL BID PRICE(ITEMS 1-45 AND A-1)IN WORDS: Two million eighty hundred ninety-nine thousand two hundred seventy-seven dollars and forty cents Village of Tequesta Utilities Department — WM41 Tequesta Drive Water Main Replacement Page 26 Village Clerk's ADA Compliance Statement Form The Village of Tequesta strives to be an inclusive environment.As such, it is the Village's policy to comply with the requirements of Title!t of the American with Disabilities Act of 1990("ADA")by ensuring that the Contractor's [agreement/bid documents and specifications)are accessible to — individuals with disabilities.To comply with the ADA,the Contractor shall provide a written statement indicating that all[agreement/bid documents and specifications],from Contractor, including files, images,graphics,text, audio,video,and multimedia,shall be provided in a format that ultimately — conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility&uidelines 2.0(Dec. 11, 2008)("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"),Web Accessibility Initiative("WAI"),available at the Web Content Accessibility _ Guidelines page. Required Confirmation: I, John Giabattan,Vice President (print or Type Name of Firm), have read the above compliancy — statement and confirm the agreement, bid documents and specifications, including files, images, graphics,text,audio,video, and multimedia,contained within this bid packet are accessible to individuals with disabilities and conforms to the Level AA Success Criteria and Conformance _ Requirements of the Web Content Accessibility Guidelines 2.0. Representative SignatureJohn Ciabattari,V.P June 17,2025 — Date THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Village of TequeS[a Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 43 ■ ' fm _ // � � ■ Ll � [ / \ ` � \ (� � . ■ � : - . � � � �� ■ � � �- n . ¥ ) .... ............... k ( k ) \ f !!l{..=g !} i\i E-Verify Affidavit to accordance with Section 1,18.095, F.S., Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: 1. All persons employed by the Contractor to perform employment duties within Florida during - the term of the contract;and 2 All persons(including SUBCONTRACTORS) assigned by the Contractor to perform work pursuant to the contract.The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the Village of Tequesta. The contractor further agrees to retain sufficient evidence of their enrollment in the E-verify System and provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a printed copy of the completed E-Verify Company Profile page, obtained from https;//www.e-veTify.gov. Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that the subcontractor/subconsultant does not employ,contract with,or subcontract with an Unauthorized Alien,as that term is defined in Section 448.095(1)(k), F.S. Contractor further agrees to maintain a copy of any such affidavit from a subcontractor/subconsultant for,at a minimum,the duration of the subcontract and any extension thereof. By affixing yoursignature below,you hereby affirm that you will comply with all E-Verify requirements. _ Ferrelfq Construction o., I 22-333457 Cpmp w Ome/ Federal Employer Identification No. 6/17025 - Signature Date Jchn Ciabattari Vice President Print Name Title STA1E OF FLORIDA COUNTY OF MARTIN - The foregoing Instrument was acknowledged before me by means of/physical presence or/ online notarization, this` 1lth (date) by John Ciabattari, Vice President (name of officer or agent, title of officer or agent) of Ferreira Construction Co., inc. (name of contractor company acknowledging), a ''dew Jersey (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. �►;ta. � ,•a,] CECILIAR,H"" Notary Public ir.. Commission g HH 378794 .f F f.�� .„ .._...—._. ._.__._...._.--- Wme typed, printed or stamped Cecilia Hein My Commission Expire*nJune 29,2027 Village of Tequesta Utillties Department WM41 Tequesta Drive Water Main Replac-ement Page41 Drug Free Workplace Certificate t,the undersigned, in accordance with Florida Statute 287.087, hereby certify that _ �nstruction (Print or Type Name of Firm) 1. 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. 2. Informs employees about the dangers of drug abuse in the workplace; the firm's policy of maintaining a drug-free working environment and available drug counseling, rehabilitation, and employee assistance programs;and the penalties that may be imposed upon employees for drug- use violations. — 3. Gives each employee engaged in providing commodities or contractual services that are under bid or proposal a copy of the statement specified above. 4. 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 orthe United States for a violation occurring in the workplace,no laterthan 5 days after such conviction,and requires employees to sign copies of such written statement to acknowledge their receipt. 5. 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. 6. Makes a good talth 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 busin s,firm, corporation named above complies fully with the requirements set forth herein,' ` r Authorized Signature John Ciabattari, VR June 17. 2025 Date Signed State of: Florida County of: Martin Sworn to and subscribed before me this clay of 20 2 Personally known or Produced Identification {Specify Type of Identification} C\ Signature of NotaryCeCtlid Hein Ap` .'4'�0 'CECILIA R,HEIN Commission#HH 370794 My Commission Expires June 29, 2027 �� F..,,Q:° Expiras June 29,2027 Village of Tequesta Utilities Depanment WM§1 Tequesta Drive Water Main Replacement Page 42 State of Florida f o Department State I certify from the records of this office that FERREIRA CONSTRUCTION CO. INC. is a New Jersey corporation authorized to transact business in the State of Florida, qualified on April 9, 2004. The document number of this corporation is F04000001981. I further certify that said corporation has paid all fees due this office through - December 31, 2025, that its most recent annual report/uniform business report was filed on February 7, 2025, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventh day of February, 2025 vE T Secretory of ktate Tracking Number: 44.58905547CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Trench Safety Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Fla,) effective October 1, 1990. The bidder further identifies the costs to be summarized below. TRENCH SAFETY MEASURE EXTENDED UNITS( F UNIT UNIT (DESCRIPTION) MEASURE(LF,SY) y (QUANTITY) COST($) COST W r A. Slope 1 190 S 3.25 $ 13,617.50 B. Trench Box EA $500.00 $3,000.00 r r C. D. Failure to complete the above may result in the bid being declared non-responsive. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Village ofTequesta Uti TOS Department W M#1 Tequesta Drive Water Main Replacement Page 46 List of Subcontractors/Suppliers Bidder shall list below information regarding subcontractors and suppliers who will perform work or labor or render service,or supply materials to the prime contractor in or about the construction of the Work or improvement, or subcontractors licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the Work or improvement according to the plans and specifications,in an amount in excess of two percent(2%)of the prime contractor's Total Bid Price. Failure _ to comply with this requirement may render the Bid non-responsive and may cause its rejection. Work to be Performed/ Subcontractor Percent of Subcontractor's _ Materials to be Supplied License Number Total Contract Name&Address Ill bole-Subcontractor GUG1226391 11% All Florida HDD LLC 6." 4215 SW Meadows Ave.Palm City FL 34990 Asphalt Pavement-Subcontractor CGC1518859 3.5% LP Asphalt,LLC L 4060 Selvitz Rd.Fort Pierce FL 34981 Note: Provide licenses, certifications, experience, and qualification forms for those subcontractors listed above. Attach additional pages as needed. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 27 All Florida HDD, LLC _ 4215 SW High Meadows Ave Palm City, FL 34990 HDD Project References - Large Diameter Project Name Turtle Creek Location Lancaster Park Description of Work 20 HDPE -320' 24" HDPE-360', 660', 660', 1,000', 1,280' — Date of Contract February 2018 Company Name Felix Associates of Florida, Inc. Company Address 8526 SW Kansas Ave. , Stuart, Florida 33064 Contact Person Ben Miller Telephone Number 772-285-1846 E-mail Address bmiller@felixassociates.net Project Name Southern Transmission Location Town of Jupiter Description of Work 18" HDPE- 1,125'Stuffed with 10" HDPE Date of Contract March 2018 Company Name Felix Associates of Florida, Inc. Company Address 8526 SW Kansas Ave. , Stuart, Florida 33064 Contact Person Ben Miller _ Telephone Number 772-285-1846 E-mail Address bmiller@felixassociates.net Project Name The Villages Phase I Location Wildwood, Florida Description of Work 24" HDPE-558'Stuffed with 14" HDPE (Turnpike Crossing) 30" HDPE-560'Stuffed with 20" HDPE (Turnpike Crossing) 36" HDPE-553', 560'Stuffed with 24" HDPE (Turnpike Crossing) Date of Contract June 2018 Company Name Rainey Construction Co. Inc. Company Address 4477 E. C-462, Wildwood, Florida 34785 Contact Person Matthew Bass -- Telephone Number 352-748-0955 E-mail Address inbass@raineyconstruction.com Project Name The Villages, Phase II Location Wildwood, Florida Description of Work 12" Steel-655' _ 24" HDPE -655' 30" HDPE -650' 36" HDPE-574' _ Date of Contract January 2019 Company Name Rainey Construction Co. Inc. Company Address 4477 E. C-462,Wildwood, Florida 3478S -- Contact Person Matthew Bass Telephone Number 352-748-0955 E-mail Address mbassCahainevconstruction.com -- Project Name Alt A1A Jupiter Location Jupiter, Florida _ Description of Work 16" HDPE-825' Date of Contract April 2019 Company Name Johnson Davis Inc — Company Address 604 Hilbrath Drive Contact Person Robson Lima Telephone Number 561-588-1170 E-mail Address rlima@iohnsondavis.com ; Project Name Tropical Farms- Floridian Wells Location Stuart, FL Description of Work 18" & 2" HDPE -555' (1-95 Crossing) 30" & 2" HDPE-580' (Turnpike Crossing) Date of Contract November 2020 Company Name Felix &Associates of Florida _ Company Address 8528 SW Kansas Ave, Stuart FL 34997 Contact Person Ben Miller Telephone Number 772-285-1846 E-mail Address bmiller@felixassociates.net Project Name M1 Canal Water Main — Location West Melbourne 16" FPVC-990', 1,010', 720', 780', 560', 1,002', 794', 620',460% 860', 755', Description of Work 746',880', 943' - 11,372' (Total Footage) Date of Contract September 2021 Company Name Young's Communications Company Address 424 West Drive, Melbourne FL 32904 Contact Person Mark Garrison Telephone Number 321-507-5408 E-mail Address mearrison@ycominc.com Project Name Grand Park Offsite Location Sarasota, FL 20" HDPE- 2,520', 2,280', 2,087', 2,060', 2,040', 1,020', 445', 240' - Description of Work 17,870' (Total) Date of Contract August 2021 Company Name Firethorn Built Company Address 609 N. Hepburn Ave,Jupiter FL 33458 Contact Person James Thomas Telephone Number 772-267-6957 E-mail Address tarries@iirettiornbuilt.com _ Project Name Lakepark Estates Location Sarasota, FL Description of Work 18" HDPE- 1,020' Date of Contract April 2022 Company Name Firethorn Built Company Address 609 N. Hepburn Ave,Jupiter FL 33458 Contact Person James Thomas Telephone Number 772-267-6957 E-mail Address jarnes@firethornbuilt.com Project Name Northeast Force Main Re-Route Location Rockledge, FL Description of Work 18"&2" HDPE Across US-1 -350' Date of Contract August 2022 Contract Award Amount $35,121 Company Name CK Contractors & Development Company Address 2825 Business Center Blvd, Suite 4-A, Melbourne FL 32940 Contact Person Paul King Telephone Number 484-892-1288 E-mail Address Pkinu@ckcdhc.com Project Name State Road 52 Location Land O' Lakes Description of Work 20" HDPE-800' Date of Contract November 2022 Company Name S&S Directional Boring Company Address 1508 Dr MLK Jr. Blvd East, Seffner FL 33584 Contact Person Scott Carden Telephone Number 813-376-6253 E-mail Address scar den(a)ssborinR.com .• P Project Name Tyndall Air Force Base Sewer Location Panama City, FL Description of Work 16" FPVC- 1,720', 1,542', 1,515', 1,880', 1,850' Date of Contract January 2023 Company Name Broadband Telecommunications Company Address 900 N. East Avenue, Panama City FL Contact Person John Davis Telephone Number 850-691-2663 E-mail Address jwdavis.btc@Qmail.com Project Name McCarty Chilled Water — Location Gainesville, FL (University of Florida) Description of Work 20" HDPE- 750' Date of Contract January 2023 Company Name Utility Services of Gaineville, Inc. Company Address 1360 NW 53rd Ave, Gainesville, FL 32609 Contact Person Hal Ebling Telephone Number 352-283-5548 E-mail Address hal@usigainesville.com Project Name Sea Ray Bridge WM Relocation (Subaqueous) Location Merritt Island, FL Description of Work 42" HDPE- 1,320' Date of Contract April 2023 Company Name Atlantic Development of Cocoa Company Address 2185 W. King Street, Cocoa FL T Contact Person Glenn Grignon Telephone Number 321-403-4896 E-mail Address ggrisnon@atlanticdevelopmentofcocoa.com Project Name 8th Street Utility Relocation Location Vero Beach, FL Description of Work 24" FPVC- 525' Date of Contract August 2023 _ Company Name CK Contractors & Development Company Address 2825 Business Center Blvd Suite 4-A Melbourne, FL 32940 Contact Person Paul King _ Telephone Number 484-892-1288 E-mail Address Akins@ckdlic.com Project Name TOHO Marigold Ave Location Poinciana, FL Description of Work 20" HDPE WM - 1,274', 740' Date of Contract September 2023 Company Name Felix&Associates of Florida Company Address 8528 SW Kansas Ave, Stuart FL 34997 — Contact Person Ben Miller Telephone Number 772-285-1846 E-mail Address bmiller@felixassociates.net Project Name Crane Creek M-1 Canal Stormwater FM Location West Melbourne, FL Description of Work 24" HDPE Storm FM - 2,300', 2,260', 2,140', 2,000', 1,340' Date of Contract November 2023 — Company Name Cone &Graham, Inc. Company Address 2132 NW Settle Ave, Port Saint Lucie, FL 34986 Contact Person Lee Corrigan Telephone Number 561-400-1662 E-mail Address u_orrigariLocuneg aham.com Project Name Corkscrew Road and Utility Widening Phase 2 — Location Naples Description of Work 18" HDPE+/-2,280 LF, 1,220 LF, 1,050 LF, 1,100 LF, 960 LF 30" HDPE +/-550 LF Date of Contract May 2024 Company Name Laser Engineering Company Address 3725 SE Ocean Blvd Unit 200, Sewall's Point, FL 34996 Contact Person Blake Lowe Telephone Number 561-718-2098 E-mail Address brake@lasereng.net Project Name South Header Canal Road To C-24 Canal (Phase 1) Location Fort Pierce, FL Description of Work 14" HDPE +/-440 LF,440 LF, 400 LF, 460 LF, 300 LF,475 LF, 395 LF, 490 LF, 2,000 LF (subaqueous) 20" HDPE +/-440 LF, 400 LF, 300 LF, 440 LF, 460 LF,400 LF, 460 LF, 370 LF,470 LF Date of Contract October 2024 Company Name Felix&Associates of Florida Company Address 8528 SW Kansas Ave,Stuart FL 34997 Contact Person Ben Miller Telephone Number 772-285-1846 E-mail Address bmillerWelixassociates.net Project Name Southport Interconnect Westport WWTP to Glades Pump Station Location Fort Pierce, FL Description of Work 24" HDPE+/- 1,550 LF (Subaqueous), 2,400 LF, 420 LF, 2,200 LF 30" HDPE +/- 1,100 LF, 2,200 LF, 1,550 LF (Subaqueous) Date of Contract November 2024 Company Name Felix&Associates of Florida Company Address 8528 SW Kansas Ave, Stuart FL 34997 Contact Person Ben Miller Telephone Number 772-285-1846 E-mail Address bmillerWelixassociates.net Qualification Requirements (Continued) As Bidder,we certify the following: (3) NAME &LOCATION OFF yPROJECT: 1 1't V 1 �(G�Y t� Ci f SCOPE OF WORK: /EER giv CHECK ONE OF THE FOLLOWING OPTIONS, BID WAS: L� t k [ J PRIME CONTRACTOR pSUBCONTRACTOR 36 (`� f�Qt^ �— S S 560 YEAR OF PROJECT: t CONTRACT VALUE: $ �QUJ d U6 TOTAL VALUE OF CHANGE ORDERS: IV 1T REASON FOR CHANGE ORDERS: CONTRACT START AND COMPLETION DATES: u ok -r WAS PROJECT COMPLETED ON TIME(IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: '— OWNER CONTACT: �,tt� NAME: h'1'+��� r?�+�SC PHONE NUMBER: .3sa-x�� -Ot PAILADDRESS: Mb4ss& f4:Ayy e-v-r,-a- ENGINEERING FIRM(DURING CONSTRUCTION): ENGINEER CONTACT- NAME: ty ! A PHONE NUMBER: EMAIL ADDRESS: IVI ADDITIONAL INFORMATION: ir'� Village of Tepuesta Utilities Department WMt1 Tequesta Drive Water Main Replacement Page 33 Jackson Land Development,LLC 1500 Cordova Rd,Suite 202 Fort Lauderdale,FL 33316 Qualification Requirements (Continued) ? � As Bidder,we certify the following: a (2) NAME& LOCATION OF PROJECT: ©ll ` �>l�' f R 1 C t1 � -'�� i f j SCOPE OF WORK:—_. 16 ` f+At�� C%S f rS E,,,z c "r '4`J.. f I S CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: ( ] PRIME CONTRACTOR 0 SUBCONTRACTOR 1 YEAR OF PROJECT: oZ0 t D CONTRACT VALUE:Aj O 006 TOTAL VALUE OF CHANGE ORDERS: �+ REASON FOR CHANGE ORDERS: /( CONTRACT START AND COMPLETION DATES: �� lA WAS PROJECT COMPLETED ON TIME(IF NOT EXPLAIN THE DELAYS): 9 J f OWNER OF PROJECT: t'� Ca-)} OWNER CONTACT: L NAME: Grn /+'I,�11C PHONE NUMBER: ���'asS 1 ggIAAILADDRESS: a17►t��(�r@fCIrJ�C vr1-Cu.� ENGINEERING FIRM(DURING CONSTRUCTION): ENGINEER CONTACT: NAME: Aj/p- PHONE NUMBER: A/ EMAIL ADDRESS:_i ADDITIONAL INFORMATION: Ar IZA Village of Tequema Utilities Department _ WMP1 Tequesta Drive Water Main Replacement Page 32 Jackson Land Development,LLC 1500 Cordova Rd,Suite 202 Fort Lauderdale,FL 33316 Qualification Requirements (Continued) As Bidder,we certify the following: (1) NAME& LOCATION OF PROJECT: P h 4 s e SCOPE OF WORK: �S l-) '�. T>.Qc�l'e C s�j us'c m tfdt(01 _ �, d !© .� i ce,r-es 3a„ )-A -DP[ D . Pore Foie J: In s�R 1 41_ SSo` CHECK ONE OF THE FOLLOWING OPTIONS,BIDDER WAS: 1 J PRIME CONTRACTOR JW SUBCONTRACTOR YEAR OF PROJECT: QCJ;LLA CONTRACT VALUE: li 0 17 r DyS•0TOTAL VALUE OF CHANGE ORDERS: y� 35 a • 50 REASON FOR CHANGE ORDERS: ky.4-r nS t (3r1 c,'f -31C }-i i-z?F 1). ,gore +/' D $S t CONTRACT START AND COMPLETION DATES: /4,p 1 ili dw z q M a. ►+� ;L 0c)-4 _ WAS PROJECT COMPLETED ON TIME (IF NOT EXPLAIN THE DELAYS), yts OWNER OF PROJECT: L.. AS Er �F►1�j4 in e r-r- � If°Irl OWNER CONTACT: NAME: 0t,.14° PHONE NUMBER: 56I -71 S -�Ce�MAILADDRESS: 61&X-'0 E Rserifr}3 , f1zf-+ ENGINEERING FIRM(DURING CONSTRUCTION): L c,,3 e(- EAS t n it fo(i f) - ENGINEER CONTACT- NAME: NAME: IU f �/ PHONE NUMBER:�* EMAIL ADDRESS: ADDITIONAL INFORMATION: rn Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 31 Jackson Land Development,LLC 1600 Cordova Rd,Suite 202 Fort Lauderdale,FL 33316 ioi r r.� Ron DeSantis,Governor Melanie S.Griffin,Secretary -0 IF odd STATE OF FLORIDA .. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTIL[Pe& R-XCAVXnC"4CaINEIWIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES 4, KRANTZ, LEWIS EDWARD ALI.FLORIDA I IDD, LLC .. �- 4215 SW HIGH MEADOWS AVE PALM CITY FL 34990 LICE ILMFWOR�C 391 EXPIRATION DATE: AUGUST 31,2026 Always verify licenses online at MyFloridaLicense.com I] , Q ISSUED:03/25/2025 .- Do not alter this document in any form. k This is your license. It is unlawful for anyone other than the licensee to use this document. Qualification Requirements (Continued) As Bidder,we certify the following: (1) NAME&LOCATION OF PROJECT: EuclhC't n Ifl-, S~ bYi �Y�wL. t° ►��C SCOPE OF WORK:_ i ktt � � � F21� ilk CHECK ONE OF THE FOLLOWING OPTIONS; BIDDER WAS: [ ] PRIME CONTRACTOR [,'� SUBCONTRACTOR YEAR OF PROJECT: 20,Z'r-,' CONTRACT VALUE4T4 W4. TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: CONTRACT START AND COMPLETION DATES: WAS PROJECT COMPLETED ON TIME (IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: �� � I�CrYI� OWNER CONTACT: r}L �C��Y !j ( �Y���ct,tX S�t .1 •C�L'd NAME: PHONE NUMBER: EMAIL ADDRESS: ENGINEERING FIRM(DURING CONSTRUCTION): ENGINEER CONTACT: _ NAME: PHONE NUMBER: EMAIL ADDRESS: ADDITIONAL INFORMATION: Village of Tequesta Utilities Department WMsil Tequesta Drive Water Main Replacement Page 31 Qualification Requirements (Continued) As Bidder,we certify the following: (2) NAME&LOCATION OF PROJECT:- SCOPE OF WORK: -.3( E;j�� �. Rfivi► G} CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: w [ ) PRIME CONTRACTOR [y1 SUBCONTRACTOR YEAR OF PROJECT: h/`Gb —cul er `j CONTRACT VALUE: I1(11,OCA) TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: CONTRACT START AND COMPLETION DATES:_ WAS PROJECT COMPLETED ON TIME (IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: OWNER CONTACT: E_ Cj' - t1S�nt ( •h C1 : �� NAME: MtCbttj�ajLj PHONE NUMBER: tC-IC EMAIL ADDRESS: ENGINEERING FIRM (DURING CONSTRUCTION): ENGINEER CONTACT: NAME: PHONE NUMBER: EMAIL ADDRESS: i ) ADDITIONAL INFORMATION: �! 4 Village of Tequesta utilities Department WMN1 Tequesta Drive Water Main Replacement Page 32 Qualification Requirements (Continued) As Bidder,we certify the following: `- (3) NAME& LOCATION OF PROJECT: SC��fij� RL-N- A C-Wi, Di �'G SCOPE OF WORK: CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: [ ) PRIME CONTRACTOR [)j SUBCONTRACTOR YEAR OF PROJECT: I-1z 119l L ` (A `i -')f CONTRACT VALLIE-�VCI OX.C TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: CONTRACT START AND COMPLETION DATES: WAS PROJECT COMPLETED ON TIME(IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: OWNER CONTACT: JtUU-,-) {crr NAME: Vt�1 ilk&tAl PHONE NUMBER: EMAIL ADDRESS: ENGINEERING FIRM (DURING CONSTRUCTION): ENGINEER CONTACT: NAME: PHONE NUMBER: EMAIL ADDRESS: ADDITIONAL INFORMATION: 1 ps Village of Tequesta Utilities Department WM#1 Tequesta Drive water Main Replacement Page 33 List of Subcontractors/Suppliers Bidder shall list below information regarding subcontractors and suppliers who will perform work or labor or render service,or supply materials to the prime contractor in or about the construction of the Work or improvement, or subcontractors licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the Work or improvement according to the plans and specifications,in an amount in excess of two percent(2%)of the prime contractor's Total Bid Price. Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection. Work to be Performed/ Subcontractor Percent of Subcontractor's Materials to be Supplied license Number Total Contract Name&Address ` tore&Main Material SuDdies N/A 1101 W 17th St.,Riviera Beach,FL 33404 1 J i � it 1 Note: Provide licenses,certifications, experience, and qualification forms for those subcontractors listed above. Attach additional pages as needed. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 27 Qualification Requirements (Complete these pages entirety and include with Sealed Bid. Attach copies of applicable Licenses) " THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURANCY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED: A. Any information for which OWNER cannot corroborate is grounds for rejection of Bid. (Use additional sheets as needed to provide the required information.) B. State the numbers of years your organization has been doing business in the State of Florida: 30 years 1. We typically perform 80-85_% of the work with our own forces. List trades below for which your organization is qualified to self-perform on this project: Civil,roadwork,excavation,grading,utility,underground,drainage,water,sewer,revetment,rip rap, marine construction including,dock,bridge,seawall,pile driving,sheet piling,retaining wall,concrete. Electrical work,computerized traffic control,ITS,traffic signal,roadway signing. _ 2. Has Bidder ever failed to complete awarded work? No If so,state where,when and why: 3. State the location of the office from which this contract will be managed. Hobe Sound Office:13000 SE Flora Avenue Hobe Sound FL 33455 _ Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 28 L Qualification Requirements (Continued) 4. State the number of employees available to complete the work contemplated by this contract. Construction has appr, ately 100 field staff working out of our Hobe Sound FL ci, 5. Provide the name, experience and resume of the Project Manager who will be assigned to this —' contract, if awarded. Include number of years in this position and with this company. If less than 3 years with this company provide name and contact information for previous employer. (Attach additional pages as necessary). — Michael Ciabattari,Project Manager -Resume attached Jim Weeks,General Superintendent-Resume attached 6. Provide name, experience and resume of the Project Superintendent who will be assigned to this contract, if awarded. Include number of years in this position and with this company. If less than 3 years with this company provide name and contact information for previous employer. (Attach additional pages as necessary). Kwincy Dye,Project Superintendent-Resume attached 7. List equipment owned by Contractor to be utilized in completion of the Work identified for this — contract. (Bidder certifies that all listed equipment meets requirements set forth in instructions to bidders,section 3�(Attach additional pages as necessary). Komatsu PC128US- �Backhoe) Komatsu Combo WB140-2(1.25 CY)(Combination) CAT 936F 2.5 CY(Loader) CAT 12H(Grader) Trench Compactor RAMEXX p/32(Plate Tamp) Bomag BPR35/60 REV Plate(Roller) 6"CentrPump,Gas 90kgh(Dewatering Pump) Conc/Pavement 18"Saw GMC Pick-Up Truck Tandem Dump Truck _ Solar Arrow Board Message Board(Diesel) Light Tower IR-L8 8. List equipment to be rented by Contractor to complete the Work of this contract. (Attach additional pages as necessary). Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 29 Qualification Requirements (Continued) 9. Bidder shall include with their Bid a proposed schedule for completing the Work. The schedule shall identify tasks for the progression of work and be based on number of days from an assumed mobilization date. This schedule should, at a minimum, include all major milestones as listed in Agreement(Contract)Between Owner and Contractor. 10. Only Bidders and Subcontractor(s) who are deemed qualified by Owner, at Owner's sole discretion, will be considered for contract award. Failure to provide previous experience and qualification — information requested by the Bidding Documents with the Bidder's Bid, or if the Owner cannot corroborate the previous experience and qualification information submitted by Bidder in Bidder's Bid, may result in Bid disqualification. NOTE: Bidder shall complete and submit with the Bid the following Bidder Qualification forms for the Prime Contractor and all Major Subcontractors(each whose value of work to be performed is greater than 2%of the Prime Contractor's Total Bid).All information requested on the forms shall be provided in sufficient detail for Owner to perform a comprehensive review of the Bid. For Major Subcontractors, provide previous experience and qualifications for at least three (3) projects completed over the past fifteen (15)years. NOTE: Bidders may provide additional information to assist Owner in evaluating previous experience and qualifications. Copy the forms and attach additional pages as needed. NOTE: In order to be deemed acceptable for the purpose of determining Bidder Qualification,similar projects shall be listed on the following forms and have all information completed (blanks correctly filled in) including contact names and telephone numbers of both the Owner and Engineer. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE r• Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 30 Qualification Requirements (Continued) As Bidder,we certify the following: (1) NAME&LOCATION OF PROJECT: South Jensen Heights Stormwater Retrofir-NE Elaine St Outfall Installation of an outfall from low point on NE Elaine St.approx.700 to Indian Riverside Park.The project included SCOPE OF WORK: site preparation,clearing and grubbing,large dig=-peter directional boring,laying pipe,and paving CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: [�{j [ ] PRIME CONTRACTOR [ ] SUBCONTRACTOR YEAR OF PROJECT: CONTRACT VALUE: $743,929.55 TOTAL VALUE OF CHANGE ORDERS: $8,004,5.5 REASON FOR CHANGE ORDERS: Temporary Irrigation and additional mulch was needed. CONTRACT START AND COMPLETION DATES: April 2022-October 2022 WAS PROJECT COMPLETED ON TIME (IF NOT EXPLAIN THE DELAYS): Yes OWNER OF PROJECT: Martin County Board of County Commissioners OWNER CONTACT: I" NAME:_KylieYanchula PHONE NUMBER: (772)288-5761 EMAIL ADDRESS: kyanchula@martin.fl.us 1 ENGINEERING FIRM (DURING CONSTRUCTION): Martin County Public Works Department .� ENGINEER CONTACT: NAME:KvlieYanchula PHONE NUMBER: (772)288-5761 EMAIL ADDRESS: kyanchulaa(�martin.fl.us j ADDITIONAL INFORMATION: U I 1 � Village of Tequesta Utilities Department WMH1 Tequesta Drive Water Main Replacement Page 31 Qualification Requirements (Continued) As Bidder,we certify the following: (2) NAME & LOCATION OF PROJECT:Floresta Dr.Improvements(Phase 2) SCOPE OF WORK: aralization Lighting &ITS CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: [ ] PRIME CONTRACTOR ;'j SUBCONTRACTOR YEAR OF PROJECT: CONTRACT VALUE: $1,548, ; TOTAL VALUE OF CHANGE ORDERS: REASON FOR CHANGE ORDERS: Fiber Optic Cable Upgrade,additional electrical service, CONTRACT START AND COMPLETION DATES: -March 2025 WAS PROJECT COMPLETED ON TIME(IF NOT EXPLAIN THE DELAYS): OWNER OF PROJECT: Oily of Port Saint Lucie OWNER CONTACT: NAME:Robyn Hoer,CPPB PHONE NUMBER: (772)344429 EMAIL ADDRESS: rholder@cityofpsl.com ENGINEERING FIRM (DURING CONSTRUCTION): rapfec Engineering,lac ENGINEER CONTACT: NAME: .Joseph Capra,P.E. PHONE NUMBER:(772)6924344 EMAIL ADDRESS: ADDITIONAL INFORMATION: Prime Contractor.Felix Associates of Florida, Inc. Contact Ben Miller (772)220-2722 bmiller@felixassociates.net Village ofTequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 32 i t L Qualification Requirements (Continued) As Bidder,we certify the following: (3) NAME &LOCATION OF PROJECT: port District-JPinnear)Park R Playgnund Infrastriirture and Imnmvement This project included the construction of a City Park which included a playground and parking lot consisting of SCOPE OF WORK: an over water stage anteing.pavqno and drainage,potahle water sanitary sewer,sheet pile retaining wall, kayak docks,landscaping,irrigation,CTX prefabricated restroom,and site lighting improvement. CHECK ONE OF THE FOLLOWING OPTIONS, BIDDER WAS: [ ] PRIME CONTRACTOR [ ] SUBCONTRACTOR YEAR OF PROJECT: 2022 CONTRACT VALUE: S 12 509,321.08 TOTAL VALUE OF CHANGE ORDERS: $2,600,298.14 REASON FOR CHANGE ORDERSoue to the many different individual Darts of the Droiect,multiple changes were made to the original plans. CONTRACT START AND COMPLETION DATES: Auqust2022-June )25 WAS PROJECT COMPLETED ON TIME (IF NOT EXPLAIN THE DELAYS): ` J OWNER OF PROJECT: City of Port Saint Lucie OWNER CONTACT: NAME: Jennifer Davis PHONE NUMBER: 772-3444342 EMAIL ADDRESS: ]daviS@cityofpsl.Com ENGINEERING FIRM(DURING CONSTRUCTION): Culpeper&Temening Inc (Utility Plans) ENGINEER CONTACT: NAME: Stefan K.Matthes,P.E. PHONE NUMBER: (772)464-3537 EMAIL ADDRESS: smatthesaact-eng.com l ADDITIONAL INFORMATION: Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 33 Qualification Requirements (Continued) 11. BIDDER shall demonstrate the ability to complete projects on time within the contract completion dates. List ALL projects completed within the last three years that were not completed on schedule and for which liquidated damages (LD)were not incurred. Attach additional pages as needed: PROJECT NAME: OWNER NAME/CONTACT INFO: CONTRACT COMPLETION DATE: ACTUAL COMPLETION DATE: 12. List ALL projects within the past five years(started, underway,or completed) in which liquidated damages(LD)are accumulating or were incurred,either directly or indirectly.Attach additional pages as needed: PROJECT/OWNER: TOTAL LD AMOUNT ASSESSED: REASON FOR LDs: 13. List ALL projects within the past five years (underway or completed) in which adverse litigation, including but not limited to mediation, involving the Owner of the project, occurred, either directly or indirectly with the Bidder or his/her subcontractors. Attach additional pages as needed: PROJECT: None OWNER: TYPE OF LITIGATION: REASON FOR LITIGATION: 14. A copy of Bidder's most recent audited financial statement may be requested as additional information after bids are received during the bid evaluation process. Financiai Siatemeni attached Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 34 Qualification Requirements Continued 15. Describe any significant or unique accomplishment in previous contracts. Include any additional data pertinent to firm's capabilities. FPL Space X Directional Bore-Florida Power&Light Co(WA.Chester) Completed:January 2020 (16)400'6"directional bores with trenching,newly installed poles to move overhead utilities underground.(Intersection of Schwartz Rd and Kennedy Parkway North,Titusville,FL 32780) Contract Value:$714,887,00 (Attach additional pages as necessary) I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. NAME OF ORGANIZATION: Ferreira Con%ruction Co„-!��-/�� BY: Ciabattari TITLE: U e Pr_aid .nt DATED: June 17,2025 t � i NOTARY ATTEST: SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF June 20 4 NOTARY PUBLIC-STATE OF Florida MY COMMISSION EXPIRES:June 29,2027 ?o.0 P..�4 CECILIAR.HEIN * * Cormnlsslon#HH 378794 �' of F!r111, Expires June 29,2027. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE village of Tecluesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 35 Qualification Requirements (Continued) 15. Describe any significant or unique accomplishment in previous contracts. Include any additional data pertinent to firm's capabilities. Phipps Park Renovations Phase 11-Martin County Completed November 2023 Clearing&Grubbing,asphalt millings, concrete sidewalks, storm pipes,drainage structures, t xfiltration trenches, retention ponds, ,water mains, sewer laterals, low pressure sanitary force mains,bank stabilization and dock construction.Contract Value$3,503,900.00 (Attach additional pages as necessary) I HEREBY CERTIFY THATTHE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, iS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, NAME OF ORGANIZATION: Ferreira Con tluction Co )nc BY: JtShrf Ciabattari TITLE: Vice President DATED: June 17 2025 NOTARY ATTEST: SUBSCRIBED AND SWORN TO BEFORE ME THIS •'t =i I DAY OF 20 44 NOTARY PUBLIC-STATE OF i lorida MY COMMISSION EXPIRES:June 29,2027 M 1µtY PV ao.,••,�% CECILIA R.HE►N * * Cormmisslon#HH 318794 '�A"lfOF Flop`°t Expires June 29,2027 THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Village of Tequesta utilities Department WM#1 Tequesta Drive water Main Replacement Page 35 r r u.� Ron DeSantis,Governor Melanie S.Griffin,Secretary b a . -F "JI: dpr C STATE OF FLORIDA - "� DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTPACTOR MRM?4 IS CIEWXIF)ED UNDER THE PROVISIGKS� APTER 489t, F PIDA ATUTES GARCIA, DICTINIO 1 _ FERREIRA CONSTRUCTION CO IN 13000 SE FLORA AVE *HOBE SOUND-. FL 33455 LICENSEUMBER;C 509418 _ EXPIRATION DATE: AUGUST 31,2026 Always verify licenses online at MyFloridaLicense.com Q Q ISSUED:11/04/2024 Do not alter this document in any form. . • This is your license. It is unlawful for anyone other than the licensee to use this document. —,+ i ` ) n FDOT Florida Department of Transportation RON DESANTIS 605 Suwannee Street TARED W.PERDUE,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY April 23,2024 FERREIRA CONSTRUCTION CO., INC. 31 TANNERY ROAD BRANCHBURG, NEW JERSEY 08876 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: COMPUTERIZED TRAFFIC CONTROL, DRAINAGE, ELECTRICAL WORK, FLEXIBLE PAVING, GRADING, HOT PLANT-MIXED BITUM. COURSES, INTELLIGENT TRANSPORTATION SYSTEMS, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, R&R MINOR BRIDGES, ROADWAY SIGNING, SIDEWALK, TRAFFIC SIGNAL, Concrete rehab(spall repairs) , Curb & Gutter, Dredging, Driving steel sheet pile, Epoxy injection, Fender System, Joint & crack sealing, Pile driving, Pile jackets, Pipeline & cable installation, Retaining wall, Rip rap, Seawall. Unless notified otherwise, this Certificate of Qualification will expire 6/30/2025. In accordance with Section 337.14 (4), Florida Statutes, changes to Ability Factor or Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable) . In accordance with Section 337.14(1), Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.) , by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3) , F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding rr capacity. You can find the link to this report at the website shown above. Sincerely, qaj� (f— 7�� WW James E. Taylor II, Prequalification Supervisor Contracts Administration Office r JTII Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.sov r- ' 9EP"Rr41 FLORIDA DEPARTMENT OF RonGGovemor — o y' ° Environmental Protection ,eanstleHw3a i = Lt Governor N .` Marjory Stoneman Douglas Building Shawn Hamm m "FNr..o" 3900 Commonwealth Boulevard Secretary Tallahassee,FL32399 September 5, 2024 — Therese Cucco Ferreira Construction Company, Inc. 13000 SE Flora Avenue _ Hobe Sound, FL 33455 Dear Therese, Effective September 5, 2024, Ferreira Construction Company, Inc., is prequalified to bid on the Florida Department of Environmental Protection, Bureau of Design and Construction's projects that require state licenses. This prequalification expires on August 31, 2026. If you have any questions regarding this prequalification please feel — free to contact Laurinda Micheels by phone at (850) 245-2781 or via email at aurinaa.illic ieeis(-a)FloridaDEP.QL) Sincerely, Digitally signed by Ralph Ralph M M Perkins Data;2024.09.05 Perkins 13:06:01-04'00' Ralph Perkins, FCCM Program Administrator Bureau of Design and Construction FERREZRAGEM �EKS SUPERINTENDENT bi Professional Sum►na►-� _ Mr.Weeks has over 25 years of experience in the Construction Industry. Mr.Weeks has extensive experience supervising residential,commercial and municipality projects which include,concrete installation,concrete restoration,concrete piles,timber piles,timber docks,rip rap, installation of steel sheet pile, vinyl sheet pile, fiberglass sheet pile, concrete seawall caps, storm mitigation (Articulated Concrete Block mats), bridge approach slabs, prefabricated aluminum, and steel pedestrian bridges. Mr. Weeks is experienced in operating a wide variety of heavy equipment including excavators, skid steers, loaders, crew boats, push boats with barges, tractor trailers, dump trucks and roll off trucks.Jim's attention to detail is demonstrated in his ordering materials, setting up subcontractors in addition to scheduling cranes,concrete pours,equipment moves and material deliveries. As demonstrated through his project history,Jim's detail-oriented planning and coordination shows through his outstanding time management and work completion rate. He also recognizes that a project requires complete attention and maintains focus even as they reach their final stages.This unique work ethic is paralleled by his efficient budgeting and cost management capabilities. As General Superintendent, he directs, supervises, and coordinates all manpower on a given Ferreira project. He also conducts cost monitoring and manages project subcontractors. More _ importantly,Jim ensures that all sitework reflects Ferreira's commitment to the highest standards of quality and safety. Professional Experience Ferreira Construction Co.,Inc.(2011-Present):As General Superintendent Mr.Weeks oversees all phases of daily construction.Supervising the development,compliance,ensuring safety,delegating tasks as well as determining requirements for equipment and resources. Palm Beach Marine Construction,Inc. (2009-2011):Worked as a foreman supervising residential and commercial jobs including steel sheet pile with concrete cap, aluminum sheets pile with aluminum cap,vinyl sheet pile with concrete batter pile and concrete cap,concrete and wood piles, docks,concrete panel seawalls,floating docks,and concrete restoration.Operated equipment such as front-end loader, skid steer, track hoe, tugboat with barges and friction crane. Also ordered materials and set up subcontractors. Jim-Beams Inc., (2006-2009): Owner, performing commercial concrete work and seawall caps. (1995-2005): Various positions in the concrete forming industry leading up to starting his own business. Trainin;,/Certifications FERRRtRA OSHA 10 Class 'A' Commercial Driver's License FDEP Certified Storm Water Inspector FDOT Certified Temporary Traffic Control (Advanced) CADWELD Certified Certified Crane Signaler and Rigger CPR/AED Certified AGC Fall Protection Training ji FERREZRA MICHAEL CIABATTARI PROJECT MANAGER Professional SummarN Michael has over 15 years of experience in the Heavy Civil and Marine Construction Industry including the past 8 years as a Ferreira Construction Co., Inc.(Ferreira) project manager. Michael has experience as a project manager on various heavy civil, utility, and marine construction projects. Michael's hand on management allows him to react expeditiously to unforeseen challenges that can impact his projects, from atypical weather, challenging environmental health and safety conditions, labor challenges, and complex project sequencing and scheduling while assuring the project remains within budget and on time. More importantly, Michael makes certain that all project sites reflect Ferreira's commitment to the highest standards of quality and safety. Project bid cost estimating, scope of work comprehension and specification-plan review and understanding. Labor-equipment-material determination, ordering, and management. Subcontractor and vendor assignment, coordination, and management. • Logic-sequence scheduling. Safety guidance, oversight, and management. Project preparation including mobilization logistics and planning. • Labor-material-equipment selection. Scope of work execution management including budget management, schedule management, labor-equipment-material management, and contractual-regulatory- safety compliance. • Project demobilization and closeout. Professional Experience Ferreira Construction Company Inc. (2015-Present). As Project Manager Mr. Ciabattari manages all phases of Civil, Marine, Utility and Underground Construction. Michael has exceptional leadership, communication, and _ interpersonal skills. He is reliable and organized with an ability to work independently and as part of the team to ensure the project is completed on time and on budget. Harbor Ridge Golf and Country Club (2010-2015) As operations manager Mr. Ciabattari over saw all of the day-to-day Golf Club experience ensuring exceptional customer service at the Golf arena and related facilities including overseeing the supervision of the maintenance of golf carts and golf operations personnel. F RREIRA Northgate Construction (2006-2010) As a Foreman Mr. Ciabattari over saw all aspects of site work construction and coordination of _ earth and concrete work. Michael was permitting liaison ensuring environmental and structural compliance with local, state, and federal agencies. Education Bachelor of Science in Business Administration Train inp,/Certification OSHA 10-hour Construction Safety FDEP Certified Storm Water Inspector Certified Confined Space Competent Person MOT Training i~ FERREZRA KWINCY DYE PROJECT SUPERINTENDENT r^� Professional Summarc Mr. Kwincy Dye has worked in the infrastructure construction industry for over 20 years. Kwincy has worked on various heavy highway, heavy civil and utility construction projects in both the private and public-sector which include watermain, Forcemain, gravity sewer, drainage, and directional bore projects. He is experienced in operating a wide variety of heavy equipment including track hoes, bulldozers, graders,and frontend loaders. Kwincy's extensive knowledge of utility blueprint reading enhances his ability to assists in all phases of daily field construction while working closely with Ferreira on-site crew, superintendent, and subcontractors. More importantly, Kwincy makes certain that all sitework reflects Ferreira's commitment to the highest standards of quality and safety. Through Mr. Dye's extensive experience, he has developed unparalleled skills and understanding of heavy highways, site work,excavation, and utility construction. Kwincy is extremely familiar with the high-water table that exists here in Florida and the necessary of installing utilities in the dry. His knowledge of dewatering installation,removal and treatment/disposal of any effluent makes him a valuable asset to our Ferreira Team. Professional Experience: Ferreira Construction Co.,Inc. (2020—Present) As Project Superintendent Mr.Dye supports in all phases of Civil, Utility and Underground Construction. Kwincy is reliable and organized with an ability to work independently and as part of the team to ensure the project is completed on time, on budget and safely. JBC Construction (2019-2020) As construction Superintendent Mr. Dye coordinated pipe excavation for drainage,water, and sewer. He was also responsible for the site grading including finish grading, stone placement, swales, slopes,and all other contours on the project. KD Excavating (2005—2019) As owner Mr. Dye was responsible for overseeing all phases of the business, including estimating, managing projects,supervising crews,overseeing subcontractors,ordering supplies and materials,and negotiating contracts as well as operating heavy equipment. Joemax Pipeline Construction (2002-2005) Mr. Dye was responsible for supervising a gas pipeline crew of 6-8 and assisted in operating heavy equipment for the installation of pipes. Gilbert Western(2000-2002) As a heavy equipment operator Mr. Dye installed fiber optic lines using a backhoe, track hoe and front-end loader. TraininLl/Skills OSHA Safety Training 10 FERREIRA CONSTRUCTION COMPANY,INC.AND SUBSIDIARY CONSOLIDATED BALANCE SHEET DECEMBER 31,2023 _ ASSETS CURRENT ASSETS: _ Cash S 395,067 Contract receivables,net 93,719,945 Contract asset-retainage receivable 27,968,014 Costs and estimated earnings in excess of billings on uncompleted contracts,net 30,652,518 Investment in joint ventures 6,676,945 Due from related parties 29475,009 Prepaid expenses and other current assets 522,031 Total Current Assets 162,409,529 NON-CURRENT ASSETS: Property and equipment,net 105,099,185 Operating lease right-of-use assets,net 9,538,598 Finance lease right-of-use assets,net 315,151 Deposits 652,213 Due from related parties 5,148,415 Investments on the equity method 5,981,625 Total Non-Current Assets 126,735,187 S 289,144,716 LIABILITIES AND EQUITY CURRENT LIABILITIES: Long-term debt,current maturities,net of current unamortized debt issuance costs of$76,846 S 17,720,313 Main Street loan-current portion,net of current unamortized _ debt issuance costs ofS154,996 2,509,376 Accounts payable,including retentions of$7,399,917 102,941,461 Accrued expenses and other current liabilities 4,788,795 Billings in excess of costs and estimated earnings on uncompleted contracts 19,163,056 _ Current portion of operating lease liabilities 3,282,191 Current portion of finance lease liabilities 95,108 Due to affiliates 232,016 Total Current Liabilities 150,632,316 NON-CURRENT LIABILITIES: Note payable-line of credit,net of unamortized debt issuance costs of$90,571 8,272,627 Long-term debt,less current maturities 37,173,454 _ Main Street loan,net of unamortized debt issuance costs of$95,727 15,171,341 Operating lease liabilities,less current portion 6,288,354 Finance lease liabilities,less current portion 231,635 Total Non-Current Liabilities 67,137,411 COMMITMENTS AND CONTINGENCIES EQUITY: Common stock,stated value of$71.56 per share, _ 100 shares authorized,issued and outstanding 7,156 Additional paid-in capital 12,363,715 Retained earnings 59,004,118 Total Equity 71,374,989 S 289,144,716 Contractor Safety Qualifications/Requirements 1. APPLICABILITY 1.1 Any contractors performing maintenance, repair,turnaround,major renovations,or specialty work is subject to the contractor safety requirements of the Environmental Protection Agency Risk Management Program (40 CRF 68.87) and the Occupational Safety and Health — Administration's Process Safety Management Program (29 CRF 1910.119(h)). 1.2 CONTRACTOR SHALL SUBMIT A COMPLETED COPY OF THE ATTACHED "CONTRACTOR SAFETY QUALIFICATION FORM" WITH THEIR BID. FAILURE TO INCLUDE THIS FORM WITH THE BID IS GROUNDS FOR DISQUALIFICATION. 2. OWNER RESPONSIBILITY 2.1 Selecting a Contractor: 2.1.1 When selecting a contractor, obtain and evaluate information regarding the contractor's safety program. 2.2 Informing a Contractor: 2.2.1 Inform the contractor of the known potential fire,explosion,or toxic release hazards related to the contractor's work and regulated process. 2.2.2 Explain to the contractor the applicable provisions of the facilities emergency response program (i.e. alarms,evacuation routes,etc.) 2.2.3 Inform the contractor of the facility's safe work practices of operations such as: 2.2.3.1 Confined space entry 2.2.3.2 Equipment/line opening 2.2.3.3 Lockout/tagout Program 2.2.3.4 Control over entry into regulated (i.e. hazardous) process areas 2.2.3.5 Hot Work Permit 2.3 Evaluating a Contractor's Performance 2.3.1 Evaluate the contractor's performance in fulfilling their requirements under this regulation. 3. CONTRACTOR RESPONSIBILITY 3.1 Assure that each of the contractor's employee's is trained in the work practices to safely perform his/her job, and to document that each employee understood the training. This documentation will include the name of employee, date of the training, and means used to verify that the employee understood the training. 3.2 Assure that each of the contractor's employees are instructed in the known potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency response plan. 3.3 Assure that Contractor's employees and subcontractor's/laborers follow the facility's safety rules including safe work practices such as lockout/tagout,equipment/line opening,confined space safety,and hot work permit. 3.4 Advise the facility owner of any unique hazard presented by the contractor's work, or of any hazards found by the contractor. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 36 3.5 Obtain and evaluate information pertaining to subcontractor's safety programs. 3.6 Assure that subcontractor's and laborers are trained in their work practice to safety perform their jobs. 3.7 Maintain an active list of all workers on site at all times and provide list to Owner immediately .o upon request. 4. CONTRACTOR SUBMITTALS 4.1 Records Maintenance 4.1.1 The Contractor shall maintain a record of those employees who successfully completed safety training. These records must include the following information: 4.1.1.1 Name of the employee 4.1.1.2 Contents of training 4.1.1.3 Date of training 4.1.1.4 Means used to verify that the employee understood the training 4.2 Additional Responsibilities 4.2.1 Contractor must immediately inform the Owner of all contract employee injuries or illness resulting from work performed on or around and hazardous chemical process. .• 4.2.2 Contractor must immediately inform the Owner of any injuries resulting from any work at the facility. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 37 Contractor Safety Qualification Form SECTION l: COMPANY INFORMATION Company Name:Ferreira Construiction Co., Inc. Address 1: 13000 SE Flora Avenue Address 2: City,State,Zip:Hobe Sound, Florida 33455 Telephone No.(772)286-5123 Fax No.: ;,772)286-5139 SECTION 2: NAME(S)AND RELATIONSHIPS OF PARENT COMPANY,AFFILIATES,SUBSIDIARIES, PARTNERS Company Name: rerreira Construction Co., Inc. Address: 31 Tannery Road City,State,zip:Branchburg, New Jersey Relationship: Corporate Headquarters Company Name: Address: City,State,Zip: Relationship: SECTION 3: INSURANCE COVERAGE 3.1 Please attach certificates showing the extent of coverage,exclusions and deductibles for the following: - General Business Liability Insurance - Professional Liability Insurance - Contractors Pollution Liability Insurance - Worker's Compensation Insurance 3.2 How long have you been covered by your current provider of Worker's Compensation Insurance? Since July 2016 3.3 List the Experience Modification Ratio(EMR)that has been applied to your company's worker's compensation insurance policy for the past five years: Year Intrastate EMR Interstate EMR Comments 0.81 202) 0.89 M22 0.85 Village ofTequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 38 Contractor Safety Qualification Form (Continued) 3.4 List the contact information for an insurance broker who can verify your EMR's: Name: Conner Strong &Buckelew Address 1: Bryan Bishop, Account Manager Address 2: 32 Old Slip, Suite 3204 City,State,Zip: New York, NY 10005 Telephone No.: 646 791-7567 If you do not have an EMR,please explain: SECTION 4:INJURY AND FATALITY INFORMATION 4.1 Please transfer the numbers and rates of injuries and illnesses from your firm's OSHA No. 200 Logs to the table below: Year: 2024 Year: 2023 Year: 2022 _ Statistic No. Rate No. Rate No. Rate Lost Workday Cases 10 0.889 6 0.516 5 0.436 Restricted Workday 0.622 6 0.516 7 0.610 Cases Medical Treatment 2 0.178 4 0.344 0 0.000 (not First Aid)Cases Total Illness Cases 1 0 0 Total Recordable 18 16 12 Cases Fatalities p 0.00 0 0.00 0 0.00 4.2 If your company has had fatalities in the past three years include location, cause and corrective actions in the space below: Village of Tequesta Utilities Department j WM#1 Tequesta Drive Water Main Replacement Page 39 +I Contractor Safety Qualification Form (Continued) SECTION 5:SAFETY MEETINGS 5.1 Do you require that documented safety meetings be held for: - Field Supervisors?_Yes_No Frequency: Weekly with daily JSA - Employees?,Yes_No Frequency: Weekly with daily JSA _ - New Hires?_Yes_No Frequency: Aentation,Weekly,dailyJSA - Subcontractors? Yes_No Frequency: Daily JSA SECTION 6:SAFETY AUDITS 6.1 Will a representative of your company audit safety practices on this job? _Yes —No Name: Frank Peluso Jr.COSM,CUSP,EMT Title:Regional Safety Manager How frequently will the representative visit the project site? Not less than weekly SECTION 7:HEALTH AND SAFETY PROGRAM 7.1 Does the company have a health and safety program? If yes, please give details below. (The contractor is encouraged to attach a copy of the program to satisfy this requirement). Yes copy attached 7.2 Please give the name and telephone number of your company's health and safety officer, if any: Name Joseph Kinsella CUSP, CHST Title:Corporate Safety Director Telephone No.: (908) 534-8655 SECTION 8: HEALTH AND SAFETY CITATIONS 8.1 Attach a list of any State or Federal Health and Safety citations received during the past three years. None SECTION 9:SIGNATURE OF COMPANY OFFICER I certify that to the best of my knowledge, information,and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete. Name(print): J n CI attari Title: Signature: � Date: 6/17/2025 Village ofTecluesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 40 Client#:353923 FERRECONST ._ DATE(MM/DD/YYYY) ACORDT,. CERTIFICATE OF LIABILITY INSURANCE 6/25/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: T Breffni McEntee_ _ Conner Strong&Buckelew PHONE— 846 891-4981 _ ��F�t 646-843-3938 lA/C No, - 32 Old Slip,Suite 3204 E-MAIL bmcent connerstron com New York, NY 10005 A RESs: g• INSURER(S)AFFORDING COVERAGE NAIL 0 INsuRER A:Liberty Mutual Fire Insurance Co. 23035 INSURED INSURERS:AXIS Surplus Insurance Company 26620 Ferreira Construction Co,Inc.dba Ferreira Construction Southern Division INSURER c:Trisura Specialty Insurance Company 1618$ 13000 SE Flora Avenue INSURER D: --— Hobe Sound,FL 33455 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR _ ADDLSUBR J POUCYEFF PO`IC EXP LTR TYPE OF MSURANCE NSR_ D POLICY NUMBER MM/DD MM/DD LIMITS 1 ---- A X COMMERCIAL GENERAL LIABILITY TB2631510814024 7/01/2024 07/01/202 EACH OCCURRENCE _ $2,000,000 __ CLAIMS-MADE [DX OCCUR PREM EMnEDnce $1 000,000 MED EXP(Any one person)_ $10 000 _ PERSONAL&ADV INJURY s2,000,000 GE NIL AGGREGATE LIMIT APPLIES PER: —I GENERAL AGGREGATE $4,000,000 POLICY a J CT 1_X I LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT 00 A I AS2631510814014 7/01/2024 07/01/202 Ea accident 2,_ 0,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS — — X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ ALTOS ONLY iPer accident __ B UMBRELLA LIAB X TOCCUR I P00100376214601 7/01/2024 07/01/2025 EACH OCCURRENCE _ $3 000,000 j( EXCESS LIjA�B _J CLAIMg-MgDE AGGREGATE $3 000 UO0 DED 1 RETENTION$ __ _ _ ------ — A WORKERS COMPENSATION +WA263D510814034 7/01/2024 07/01/202 X PER oTH- LITE AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBEREXCLUDED? F NIA (Mandatory In NH) E.L.DISEASE-FA EMPLOYEE $1 0O0 O00 If yes,describe under DESCRIPTION OF OPERATIONS below __ y�, E.L.DISEASE-POUCY LIMIT $1,000,000 C Excess Liability i 123AEFFFCCO12024 7/01/2024 07/01/202 $1OM Occ./$20M Agg. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: Qualifier: Dictinio Garcia Contractors; License Number: CGC1509418 Qualifier is included as an insured under the insurance policies evidenced aboce. CERTIFICATE HOLDER CANCELLATION Palm Beach Count C/ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE YO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Contractors Certification ACCORDANCE WITH THE POLICY PROVISIONS. 2300 N.Jog Rd,Ste.2W-61 West Palm Beach,FL 33411 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD —' #S4698499/M4697056 136M k ; Y - --- BRYAN BISHOP Account Manager 646.791.7567 E bbishop@connerstrong.com "W'fork O!!ka i 32 Old Slip I Suite 3204 INSUKANCI RISC:HAN'AGUIENT UtrLOM BENEFITS New York,NY 10005 w connontrong.com June 25, 2024 Ferreira Construction Company, Inc. 31 Tannery Road Branchburg, NJ 08876 RE: 07/01/2024 - 07/01/2025 NCCI Experience Modification Rate To Whom It May Concern, Summarized below are the National Council on Compensation Insurance, Inc. ("NCCI") Experience _ Modification Rates("EMRs")for the current 07/01/2024-2025 policy term and the five (5) prior policy years: 0 07/01/2024 - 07/01/2025 - 0.81 0 07/01/2023 - 07/01/2024 - 0.89 0 07/01/2022 - 07/01/2023 - 0.85 • 07/01/2021 - 07/01/2022 - 0.90 0 07/01/2020 - 07/01/2021 - 0.86 Please note that The National Council on Compensation Insurance, Inc. (NCCI) reserves the right to modify these ratings in the future. Please let us know if you have any questions. Sincerely, 6�x�vlzl� Bryan Bishop Account Manager NEW JERSEY PENNSYLVANIA NEW YORK DELAWARE FLORIDA MASSACHUSETTS GEORGI.A tRAr FERR�' Ferreira Construction Co.,Inc. Safety Program L Prepared for: Ferreira Construction Co.,Inc. All Business Units, Operations, and Regions Prepared by: Ferreira Construction Co.,Inc. 31 Tannery Road Branchburg,New Jersey 08876 _ November 8,2024 _ Revision 3 y.. FERREIRA November 8, 2024 Ferreira Construction Co., Inc. 31 Tannery Road Branchburg,New Jersey 08876 Re: Ferreira Construction Co., Inc. Safety Program All Business Units, Operations, and Regions Revision 3 Dear Employee: This safety program has been prepared for all Ferreira Construction Co., Inc. business unit, operation, and region use. Should you have any questions, please feel free to contact us. Sincerely, t• _ josep Kinsella, CHST, CUSP {'Corporate Safety Director `�8-80 i'-5407 ikinsellar�r ferreiraconstruction.com s John Moco Senior Environmental Advisor 973-703-0065 (mobile) _ Jmocoi i ferreiraconstruction.com Enclosures Copy: File JM/jm Corporate Office: 31 Tannery Road _ Branchburg, NJ 08876 Phone: 908.534.8655 Fax:908.534.8656 Ferreiraconstruction.com Building the Future With Pride Ferreira Safety Program-Revision 3 Table of Contents 1.0 Purpose................................................................................................................................................1 2.0 Management Commitment and Employee Involvement....................................................................3 2.1 Overview.......................................................................................................................................3 2.2 Safety Policy Statement................................................................................................................3 2.3 Safety Roles and Responsibilities.................................................................................................3 2.3.1 General.................................................................................................................................3 2.3.2 Environmental and Safety....................................................................................................4 2.3.3 Facilities, Projects, and Sites...............................................................................................5 2.3.4 Senior Management.............................................................................................................6 2.3.5 Visitors.................................................................................................................................6 2.4 Safety Budgeting...........................................................................................................................6 2.5 Safety Records..............................................................................................................................6 3.0 Acronyms, Definitions, and Terminology ............7 .............................................................................. Policies Abrasive Blasting Activity Hazard Analysis Air Monitoring Audits and Inspections Barricades, Signs, Signals, and Tags Behavior Based Safety Blasting and Explosives Bloodborne Pathogen Exposure Communications Compressed Gas Cylinders Concrete and Masonry Construction Confined Space Entry Crane and Rigging Disciplinary Drilling and Pile Driving Drug and Alcohol Electrical Safety Emergency Action, First Aid, and Medical Services Environmental Safety Equipment Ergonomics Excavation Facility, Project, and Site Control Fall Prevention and Protection (Working at Elevations) ..: Fatigue Fire Prevention and Protection Fleet and Vehicle Safety ,,,O Gas Utilities Globally Harmonized Systems, Hazard Communications, and Right-to-Know Health and Safety Plans i Ferreira Safety Program- Revision 3 Hazard Analysis and Risk Assessment, Elimination, and Control Hazardous Waste Operations and Emergency Response Hearing Protection and Noise Management Hot Work- Burning, Cutting, or Welding Housekeeping Impalement Protection ^ Incident Investigation and Reporting Lock-out/Tag-out Managing Changed Conditions Marine Material Handling and Storage Orientation and Training Occupational Safety and Health Administration and Other Applicable Safety Compliance Occupational Safety and Health Administration Inspections Personal Protective Equipment Radiation Railroad Respiratory and Silica Protection Roadway Safety and Traffic Control Sanitation State of the Station Steel Structure Erection and Demolition Temporary Power Tools Weather ii Ferreira Safety Program-Revision 3 1.0 Purpose The program is prepared to promote employee safety excellence, and a culture that establishes a safe facility project,and site work environment. The program was prepared by a Ferreira employee stakeholder representative committee to properly consider operational and regional facility, project, and site safety needs and enhance or improve objective achievement. The Ferreira stakeholder representative committee consisted of the following employees. • Edward Aldrich, CUSP. r • Jeff Haberle, CUSP. • Mark Hasting, CSP, CIH, CUSP. • Gordon Johnson,AAS, MESH. • Joseph Kinsella, CUSP, CHST. • Patrick Lamarr. • John Moto. • Ian Neff. • Frank Peluso, CUSP, COSM, EMT. In addition to the committee members, valuable program development support was provided by the following employees. • Carmine Ciallella. • John Osterkorn, CUSP. • Robert Shack. r The program establishes appropriate safety action and incident prevention policies for anticipated or typical Ferreira operations. The program emphasizes appropriate employee communications, planning, and training, to create safe work environments. The program is prepared for and provided to all Ferreira business unit, operation, or region use, and is based on applicable industry accepted procedures, manufacturer recommendations and requirements,and applicable regulatory compliance including OSHA code. Employees using the program will also 1 .. Ferreira Safety Program-Revision 3 understand that appropriate alternate client, owner, or task-specific or equivalent, etc. safety process or protocol may be implemented or used. The program is intended to be used by competent and qualified employees, who will make proper safety related decisions based on their professional experience, knowledge, or training,when using the program. The program may provide useful information but is not intended to be used as a safety training document. In addition,the safety program is not intended to be used in place of AHA or HASP,as it does not consider the variety of facility, project, or site-specific conditions or variables that may be applicable or present. 2 ti Ferreira Safety Program-Revision 3 2.0 Management Commitment and Employee Involvement 2.1 Overview Ferreira is committed to providing the necessary resources to help ensure employee safety. Ferreira senior management will periodically review the program to help ensure that employees know, support, and understand program policies. Ferreira will ensure employees have clearly established safety responsibilities included with their job descriptions and have the appropriate authority to carry out those responsibilities. Ferreira will monitor employee safety compliance performance. Employees will have stop-the-job authority when unsafe conditions are recognized or in-place safety protocol is not appropriate, correct, or understood. Ferreira will encourage employee safety decision making and problem-solving efforts, such as participation in or with AHA or hazard analysis preparation participation,functioning as safety observers; safety awareness heightening activity planning; and training,etc. Ferreira supports employee involvement and will recognize outstanding safety participation. 2.2 Safety Policy Statement Safety is a Ferreira core value. Ferreira promotes a safety culture focused on continuous improvement and the belief that every employee is responsible for safety. Ferreira strives to create an environment where all employees are empowered to make the proper safe choices for themselves,their team,and those around them. Ferreira emphasizes an integrated approach to maintain a safe work environment that is embodied in our slogan "Think Safety, Think Family". 2.3 Safety Roles and Responsibilities 2.3.1 General Employees will comply with the program policies. Employees have the right to review the program. Employees will work in a safe and professional manner and immediately report any contrary activity to their supervisor. Employees will assess their assigned work zone and report any recognized unsafe condition to their supervisor for proper corrective action, and if appropriate, correct the unsafe condition. Employees will also immediately report safety-related incidents including any near miss to their supervisor. Employees will inspect equipment or tools prior to use to ensure proper working conditions. Any tools or equipment not identified to be in proper working condition will be immediately reported to 3 .r .. r. Ferreira Safety Program-Revision 3 Pft the supervisor who will initiate steps for the defective equipment to be removed from service. Employees have the authority to stop work when the operational protocol is not appropriate, correct, or understood. r- 2.3.2 Environmental and Safety Employee environmental and safety roles include safety directors, regional safety managers, facility or project safety managers, and environmental advisors. r" Safety directors are senior Ferreira safety professionals. Safety directors oversee program effectiveness and implementation by directing audits or inspections; incident review and corrective action management; r- providing subject or topic matter expertise; and promoting safety department open and productive discussion, etc. Safety directors stay current on OSHA standards and industry practices; promote proper ,., safety training management;manage safety equipment procurement policy;develop safety policy;provide Ferreira drug and alcohol policy oversight management; provide insurance claim management support; and manage Ferreira-wide safety incentive planning and execution. Employee safety professionals working under safety directors include regional safety managers and facility or project safety managers. Safety professionals provide safety guidance and support including but not limited to the overall proper program implementation; safety orientation; safety education and r" training; safety operating procedure review; safety control, PPE management, and safety supply assessment and supplementation; and providing general safety guidance or clarification. As appropriate, safety professionals may recommend program or HASP changes or modifications, based on observed scope of work or condition changes. Employee environmental advisors provide facility, project, or site environmental regulatory compliance and safety support. Environmental advisors also provide applicable safety procedure development and maintenance assistance including but not limited to the program, HASP, and AHA, etc. Environmental advisors typically take a lead role in facility, project, or site environmental safety related issues. Non-employee environmental or safety professionals may be retained to provide HASP,program,or other facility, project, or site support, as needed. .- 4 Ferreira Safety Program-Revision 3 2.3.3 Facilities, Projects, and Sites Facility, project, or site employee safety roles and responsibilities include various operational aspects. Supervisors are typically responsible for project or site field operation tasks and execution. Depending on their assignment,supervisors are typically directly involved with safety planning,establishing controls, proper PPE use implementation, maintaining safety related equipment or materials,and conducting safety orientations. Supervisors ensure that appropriate emergency response procedures are in place. During facility, project, or site operations, supervisors ensure that the proper safety administrative controls, engineering controls, and PPE are available and implemented. In the event of a safety incident including near misses, supervisors may be involved with properly conducting cause investigation and corrective action evaluation. Supervisors are responsible for facility, project, or site safety incident ~ documentation. Supervisors typically work directly with the safety professionals. Selected task specific supervisors such as foremen or other facility supervisors ensure that proper safety controls, equipment or materials, and properly trained employees are in place to perform the scope of work. These supervisors will review and understand the appropriate assigned task safety documents and relay that information accordingly to their crews; ensure that crew equipment is inspected and is in proper working condition; assess their work areas to mitigate any known or suspected hazards; and address employee or visitor safety concerns at their task location accordingly. Task specific supervisors typically possess the safety oversight qualifications to serve as the competent person for their crews, unless otherwise properly designated to another competent employee, and are responsible for reporting known safety incidents to their supervisor and evaluating conditions throughout their shift to maintain a safe work area. Selected employees may be assigned to perform job or task specific safety roles. These employees may include operating engineers, skilled trades, teamsters, traffic control coordinators, or vessel captains, etc., provided they are certified, licensed, or otherwise qualified to execute the job or scope of work role in a professional, responsible, and safe manner, in accordance with applicable Federal, state,local,or industry protocol and requirements. Subcontractors are responsible for meeting program requirements, providing a safe workplace, and have overall responsibility for their site personnel. Based on anticipated or known scope of work hazards, 5 .a �. Ferreira Safety Program-Revision 3 additional appropriate subcontractor safety protocol beyond the program may be required. Subcontractors may perform their scope of work in accordance with their safety procedures, provided these procedures are submitted and approved by Ferreira prior to their scope of work execution. 2.3.3 Senior Management Employee senior management safety roles include providing senior operational or regional level guidance, leadership, and management within their assigned responsibility or expertise, and including proper program planning and implementation, as applicable. Senior management employees typically communicate directly with agencies, clients, employees, Ferreira ownership, other senior management r employees, and supervisors, etc. 2.3.4 Visitors Visitors are responsible for adhering to all program requirements. 2.4 Safety Budgeting To promote safe working conditions,Ferreira acquires and maintains appropriate controls,equipment,and materials and provides training. At facilities, these items are part of the Ferreira operating budget. At sites, these items are included in the project budget. 2.5 Safety Records Safety records are maintained by the safety department, and are available at facility, project, or site locations, as appropriate. r t 6 Ferreira Safety Program-Revision 3 3.0 Acronyms, Definitions, and Terminology AHA - activity hazard analysis is a written document used to describe safety related guidance to be reviewed and considered when performing common construction tasks and to be used as a tool to develop job safety briefing or may be used by employees or work crews during weekly toolbox " talk safety meetings. Activity safety analysis (ASA),job hazard analysis UHA), and job safety analysis USA) are equivalent processes. BMP-best management practice. Employee-a Ferreira employed individual. �. EMT-a qualified emergency medical technician possessing appropriate credentials FEIN-Federal employer identification number. Ferreira - Ferreira Construction Co., Inc. FEIN 22-3334957, including its operational or regional divisions, etc. HASP-a Ferreira prepared health and safety plan that is client accepted or approved and is used to provide scope of work health and safety guidance and procedures. Hazard-a hazard is the potential for harm. In practical terms,a hazard often is associated with a condition or an activity that if left uncontrolled,can result in death,injury,or illness. For the HASP,a hazard r may also result in property damage. Incident-an unplanned scope of work event that results in personal harm;equipment,property,or vehicle damage or theft; or a similar third-party loss. Examples of an incident include but are not limited to occupational illnesses that require medical treatment or first aid and equipment or property losses that required repair or replacement. A "near miss" refers to an unplanned event that does not result in injury, illness, or damage but had the potential to do so. Job safety briefing - a meeting commonly foreman-lead prior to daily or shift scope of work or task execution. The job safety briefing identifies known or suspected health or safety hazards and the controls which will be used to mitigate the hazards so that the task can be performed safely. Near miss - an unplanned event that does not result in an incident but has the potential to become an incident. Policy-program individual safety topic BMP, guidance, procedures, protocol, or requirements. Program-the current written Ferreira safety program. Safety department-Ferreira safety department. 7 J r r. Ferreira Safety Program-Revision 3 Scope of work or project-a specific Ferreira project scope of work or project commonly described within a HASP. " Senior management-a Ferreira administrative or operational organization category. Senior management employees typically have corporate authority to make or participate in major Ferreira policy �•+ making decisions, and function as a liaison between Ferreira ownership and subordinate t employees. Ferreira senior management employees include chief executive officer,chief financial r, officer, directors, general counsel, president, secretary, treasurer, and vice presidents. Site- areas where Ferreira will execute a project scope of work or a Ferreira facility. Subcontractor-an individual not directly employed by Ferreira, but an individual or entity under contract with Ferreira to execute a scope of work task. Supervisor- the Ferreira employee who supervises employee or subcontractor site work. A supervisor has Ferreira facility, project, or site management authority and responsibilities,and report directly or indirectly to senior management. Supervisors typically include project managers, superintendents, forepersons, or other properly assigned and authorized employees in charge, etc. Visitor-an individual other than an employee or subcontractor who accesses a site, r■ r- r F F r r b I FERREIRA � Policies u u u u u u u u J J u u u u u u u r r Ferreira Safety Program-Revision 3 .- Policy Revision Log Incident Investigation and Reporting Policy Revision 1 November 18, 2024 r r r r r pn r r •r r r FERRLZRA - Abrasive Blasting Policy Prepared for: Ferreira Construction Co.,Inc. All Business Units,Operations,and Regions Prepared by: Ferreira Construction Co.,Inc. — 31 Tannery Road Branchburg,New Jersey 08876 November 8,2024 Revision 0 1 r _ F'RRRLZRA November 8,2024 Ferreira Construction Co.,Inc. (Ferreira) Facilities and Operations United States of America Re: Abrasive Blasting Policy _ Revision 0 Dear Employee: Ferreira has prepared this abrasive blasting policy for use at our facilities,projects,or sites. Should you have any questions,please feel free to contact us or your facility,project,regional,or site safety manager. Sincerely, r Joserh/Ki sella,CUSP, CHST Cortorate}Safety Director 90k-801 ta407(mobile) jkineztlay ferreiraconstruction.com Franl�Pel to,CUSP,COSM Reg" nal �afety Manager 732;84- 360(mobile) r C clus-6t t,ferreiraconstruction.com Enclosures ,. Copy: File JM/jm Corporate Office: 31 Tannery Road _ Branchburg, NJ 08875 Phone:908.534.8655 Fax:908,534.8656 Ferrelraconstruction.com Building the Future With Pride Abrasive Blasting Policy—Revision 0 Table of Contents 1.0 Purpose and Scope..............................................................................................................................1 2.0 Acronyms, Definitions,and Terminology..........................................................................................I 3.0 Policy..................................................................................................................................................2 3.1 General..........................................................................................................................................2 3.2 Communication.............................................................................................................................2 3.3 Equipment and Tools....................................................................................................................3 3.4 Respiratory Protection ..................................................................................................................3 3.5 Roles and Responsibilities............................................................................................................4 4.0 Suggested References.........................................................................................................................4 5.0 Appendices 5.1 Abrasive Blasting Checklist r a.� J r r Bid Bond 'This page should be clearly marked with a tab for easy identification during the bid opening process. Bidder Surety Name: Feneira Construction CA,, Inc. Name; Berkshire Hathaway Specialty Insurance Company Phone: (772)286-5123 Phone:(402)916-3000 Address(princi pal place of business): Address(principal pioce of business): 130Do SE Flora Avenue,Hobe Sound Floraa 33455 + 1314 DouglaS Street,Suite 1400,0mana,NE 68102 Owner Bid Name: Village of I equesta Utilities Project(nomeondlocotion); Department _ Phone: 561-746-5134 WM#1 Tequesta Drive Water Main Replacement, Tequesta, Florida Address(principal pioce of business): 345 Tequesta Drive Tequesta, FL 33469 Bid Due Date: June 17,2025 Bond Penal Sum: 5%of Total Bid Amuunt Date of Bond: .rune 17,202. i 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. Surety affirms it is authorized to do business in the State of Florida,and the Village of Tequesta,and as having an Agent resident therein. < < Bidder Surety (I.J v S ('i 1 Ferreira Constir n Co Ihc. Derkftre Hathaway Specialty Insurance Company 4- (F 1 f m6!name- de , `' (Full forma!name of Surety)(vwporare seal) (Signature), (5ignature)(Attach Power of` ttorney) Nam(: �'~� n �fl:a-r+ Name: rrtarisol Mojrcu �- (Printed or typed) (printed or typed) Title: V r Pre__, Title: Attorney-in-Fact r .— Attest: Attest: / (51g ature) `7 Sgnature) Name: 111 Name: Wiliam A.Drayton Jr (printed or typea (Prnted or typed! Title: Title: witness - Notes:(1)Note:Addresses are to be used for giving any required notice.(2)Provide execution by any addrtionoi�brrrr•s,stick as joint venturers,if necessary. ; Village of Tequesta utilities Department WMr11 Tequesra Drive Water Marn Replacement I" Page 4r �Z Bid Bond (Continued) 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 bythe 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, Power of Attorney(s),and Certificate(s)of Insurance required by the Bidding Documents. 3. This obligation will be null and void if: — a. 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, — Power of Attorney(s),and Certificates)of insurance required by the Bidding Documents,or b. All Bids are rejected by Owner,or c. Owner fails to issue a Notice of Award to Bidder within the time spec fled 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 rece;ved 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 Bcnd conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. T 11. The term "Bid"as used herein includes a Bid,offer, or proposal as applicable_ Village of Tequesta Utillties Department W&4#1'requesta Orwe Water Main Replacement Page 48 ACKNOWLEDGEMENT OF CONTRACTOR- IF A CORPORATION STATE OF V71 [f tc�C� COUNTY OF N\ar `n _ ON THE 17th DAY OF June,2025 BEFORE ME PERSONALLY APPEARED TO �B KN N, W 0, BE G BY ME DULY SWORN, DID DEPOSE AVD SAY; THAT (S)HE IS THE V1Cta. ]1 e OF Ferreira construction Co„ Inc, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNCWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. _ IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. `i CECILIA R.HEIN '' ` Qi/Yt ` * Commission R HH 376794 Notary Public 11,,, ,7,0 E plres June 29,2027 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 17th DAY OF June, 2025 BEFORE ME PERSONALLY APPEARED Mariso &'o;ca TO ME KNOWN, WHO BEING BY ME DULY SWORN, DiD DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Berkshire Hathaway Speaaltv Insurance Company, THE CORPORATION THAI EXECUTED THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE, Notary Public j URSUL- JAKIJBIAK NOTARY PUBLIC .,TATE OF NEW JERSCH!S,202� MY COMMISSION EXPINES MAR COMMISSI9P1:1-`.r115•�109 _� ft Man" 5112E Lb� Berkshire Eiathaway Specialry Insurance .... Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY ._ N Know all men by these presents,that BEgJfSHIRE.yATH_YWM SP_ECLUTY IiMrIJRANCE CQMpAIYY,corporation cndcting under and by virtue of the taws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor.8—nion,Mas;achuseffs b (12111,NATIO14AL tNDEMNiiLC9MFANL a corporation)existing under and by virtue of the laws of the State of Nebraska and having an office at 3074 Hamey Street,Omaha,Nebraska 68131 and NATION Al UABILMY&fIRE IN_N ANCE COfiipt4NY a corporation existing a r. under and by vlrtueof the laws of the State of Conneeticutand having an fi fice at 300 First Stamford Place,Slamtord,Connecticut 06902 (hereinafter collectively the"Companies'),pursuant to and by the authority granted as set forth herein,do newly nave,cvatttaum and appoint:Merif4l Mpjica,iteyln T.WeIsfLLr.Th9fntu MncDonatd,Ltrynal L 6trlraw Andreatj Morel ,Ryap BraY.�a41ya Mmlest, 900_kAbi.4fferwinjilpad,Suita 101, ¢Lth_eSILY of�panY, to of New level,their true and lawful attorneys)-in-tact to mate, B execute,seal,acknowledge,and deliver,for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or A ether such wrl rings obligatory in the mature thereof,in pursuance of these PresenL9,the execution of which shall be as binding upon the e 3 Companies as if it has been duty,signed and executed by thelr mgulariy elected oMre+s in their avr proper persons This authority for +��1 the Attiorner-In•Fact shall be Nmlted to the execution of the attached band(s)or other such wrtdmgir obligatory in the nature thereof. , In witness whereof,this Power of Attorney has been subscribed try an authmized officer of the Companies,and the corporate seals ' 1h of the Companies have been affixed hereto this date of August 24,2021,this Power o"Attorney is made and executed pursuant to and by authority of the Bylaws,Resolutions of the Hoard of Directors,and other Authorisations of BERKRHIRE HATFIAWAYSPECIALTY e y INSURANCE COMPANY,NATIONAL INOEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,which are in full # Fur ce and effect,each reading as appears on the back page of this Power tit Allomey,respectively.The foffowtng seals of the Companies and signatures by an authorized officer pf the Company may be affixed by Facsimile or digital format,which shall be deemed the E equivalent of and constitute the written signature of such oficer of the Companies and original seals of the Companies for all c purposes rcgarding this Puwer of Acwrney,includingsatisfaction of arysignecure and seal requiremunts on any and all undertakings, Ko A bonds,or other such writings obligatory in the nature thereof,tp which this Power of Attnmey applies. E w — DERBLSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNRY COMPANY, roll` °a INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, o t x, By: BY: David Fields,Executive Vice President David Fields,Vice President tt b .t1s MH*rr�(+► � E •Fr _ s1Y EWy, S x .r — e�� W r G+ r��.rP1' y. S a y t MTVSLR L T R $' SA a�"b s ki. 4.— NQTARY b 5 p State of Massachusetts.County of Suffolk,is: On this 24th day of August,2023,before me appeared David Fields,Executive Vice.President of BERKSHiRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and MATION,4L LIABIIITY&FIRE INSURANCE COMPANY, who being duly sworn,says that his capadry Is as designated above for such Companies;that he knows the corporate seals of the a Companfes;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed Fa said instrument in that capacity of said Companies, j [Notary Seal] 4� }; �; JOHN SKINNER o 'L t „ «: � YPIr1iC,Cpht' ,,yp,pu NULi Public f �. as .. '� �'•�:�r;' � N� '8t of � rY . Wft 22,2027 I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY'NATIONAL INDEMNITY J COMPANY and NATIONAL LIABILITY&FIRE INSILIFil COMPANY,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked.IN TESTIMONY W ffQE Q fes�hereunte affixed the seals of said Companies this JV_nUJ7 2025. �''�.^ •�'tcMtJ, , '' 5 rrett� 0 a,y<�°'utiw\�7) a ara!`y ` ��X''RtfY °y� •ft z.' Sf �$Ll1FTY e\Z � SL RErY 1# •''' tL �" .iL Ia •4 e SEtL� l�� Ralph Torrnrella,Officer ' ��~rleA}l1►�8 �Jr���Y�4��F �!'�HEC�J.j` 1 SH51C,NICO"A.NTF POA(2023) .. BERKSHIRF HATHAWAY SPFCIALTY INSURANCE COMPANY(BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6,(b)The President,any Vice President or the Secretary,shall have the power and authority: (2) To appoint Attorneys-in-fact,and to authorize them to execute an behalf of the Company bonds and other undertakings,and (2) To remove at anytime any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY(BY-LAWS) Section 4.Officers,Agents,and Employees: A. The officers shall be a President,one or more Vice Presidents,a Secretary,one or more Assistant Secretaries,a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shali be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as mey be directed from time to time by the Board of Directors;and the Board of Directors or the officers may from time to t me appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014) _ RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority ghren. NATIONAL LIABILITY&R UNSURAFICE COMPANY(aY-IAWS) ARTICLE IV Officers Sgctf n 1.O -Lees.Alien �a�F,�.ploYees: A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more assistant secretaries,a treasurer,and one ar more assistant treasurers,none of whom shall be required to be shareholders or director%,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office ofone year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office _ at any time for or without cause by a vote of a majority of the board of directors, The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officer of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office oras may be directed from time to time by the board of directors;and the board of directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY&FIRE IN$UURAPICCUOMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority given. 81-151C..NICO&NLF POA(2023) General Correspondence BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street,Suite 1400, Omaha, Nebraska 68132-'844 ADMITTED ASSETS} 1713 t12024 12131l2023 1213112022 Total invested assets $ 7,425,803,196 $ 6.702,8i 1,610; S 3,680,246,4zu Premium&agent balances(net) 635 096.365 690,386,24E 582,4l All other assetA 224,603,005 _ 204,404,036 217,334,073 Total Admitted Assets $ 6,285,.02,566 7,597.610,091 S 6,480,049,997 LIABILITIES & SURPLUS" 121311202 0 3 1113112022 Loss&loss exp.unpacc 5 2L023,74$,63-1 5 1.825,n74,253 S 1,49b t3 0,171 Unearned premiums 583.693,113 604,899,743 536,797,663 Aii other liebibties 1,079,218.932 1.240,93L1,866 1.065,221,844 Total Llebililies 3.665 558,676 3,671,61.3,861 3,097,889,69P Total Policyholders'Surplus 4,598,LA3,890 3.926,096 230 3,382 16O.299 Total Liabilities&Surplus 5 8,255,5 2.566 5 7.S87,610,091 5 6,00.049,997 ' Assets,lisbllitres and surplus are presented on a Statutory Accounting Basis as pronulgaled by the NAIL and/or the laws of the company's domicillary state. Sworn_Statement 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 _�, lla e of Teguesta [print name of the public entity] byJohn Ciabattari, Vice President [print individuOs name and titlej for Ferreira Construction Cc. [print name of entity submitting sworn statement) whose business address is 13000 SE Flora Aveilde, Hobe Sound FL 33455 and(if applicable) its Federal Employer IdenbificaVon Number`(F'E1NI} is: 22-3334957 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement; j _ 2. 1 understand that a"public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a,parson 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 orppolitical subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in ,Pairagraph 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. 1 understand that an"affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes.means: 1. A predecessor or successor of a person convicted-of.a pitiNk entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareho,lders,, ernployees, members, and agents who are active in the management of an affiliate, The ownership by one person of shares constituting a controlling interest in another person,or a pooling of equipment or income among persons when not for fair market value under an a m-'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. 1 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 Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 44 provision of goods or services let by a public entity, or which ot'herwise transacts or applies to transact business with a public entity. The term "person" includes those office,rs., director$, executives, partners, shareholders, employees, members, and agents who are active in — management of an entity. 6. Based on information and belief,the statement which I have marked belo►a,is true in gelation to the entity submitting this sworn statement. [inAkate w'hic'h statement applies.) — Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,shareholders,employees, members,or agents who are,active rn the management of the entity,aorany 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 D,ne 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 w'it'h 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 pubil.1c u,nterest 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 TRE+COINTIR,l CTIN G OFFICE'R 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 WMICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBiLIC ENTITY PRIOR TO IENTEiRIIING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES — F/OR TEGQRY TWt3PFrr 771GE IN THE INFORMATION CONTAINED IN THIS FORM. jsfgnature) John Ciabattari, VP Sworn to and subscribed before me this 17th day of June , 2025 Personally known Jahn Ciabattari Vice President OR Produced identification Notary Public—State of FLORIDA My commission expires June 29,2G27 Cecilia Hein '� '(Printed typed typed orstamped commissioned name notary public) WILIAR.REIN F,� f;or►t�+'+F;selon�NH i 94 Exp�ea dune�9,20$r Village of Teyuesta Utilities Department WM#1 Teyuesta Dave water Main Replacement Page 45 Notice of Intent to Award DATE: June 24, 2025 TO: Ferreira Construction Co., Inc. 13000 SE Flora Avenue Hobe Sound, FL 33455 ATT: John Ciabattari,Vice President PROJECT: WM#1 Tequesta Drive Water Main Replacement To Whom It May Concern: _ This is to advise that on July 10,2025, a recommendation for award of the above referenced Contract will be made to the Tequesta Village Council as a result of your bid, inclusive of alternate bid item, in the amount of$2,899,263.40 submitted to the Village of Tequesta (Owner) on June 17, 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 June 24,2025. 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, Ilyson Felsburg Village of Tequesta Utilities Deputy Director Village of Tequesta Utilities Department WM##1 Tequesta Drive Water Main Replacement Page 50 Notice of Award - DATE: July 11, 2025 TO: Ferreira Construction Co., Inc. _ 13000 SE Flora Avenue Hobe Sound, FL 33455 ATT: John Ciabattari,Vice President PROJECT: WM#1 Tequesta Drive Water Main Replacement To Whom It May Concern: This is to advise you that on July 10,2025,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 June 17, 2025, in the amount of$2,899,263.40 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 Utilities Deputy Director Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 51 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 h6einafter designated as the "the VILLAGE" and "OWNER", and Ferreira Construction Co., Inc., 13000 SE Flora Avenue, Hobe Sound, FL 33455, a Corporation, whose Federal I.D. number is 22-3334957, 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: Installation, testing, and disinfection of approximately 6,300 linear feet of 8-inch through 12-inch water mains,fittings, valves and other appurtenances along Tequesta Drive. Connections to existing water mains. The transferring of services from the existing water distribution system to the new water distribution system. The abandonment of the existing water distribution system. Restoration of all areas affected by construction activities to existing conditions or better. 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: WM#1 TEQUESTA DRIVE WATERMAIN REPLACEMENT FOR THE VILLAGE OF TEQUESTA UTILITIES,TEQUESTA, FLORIDA ARTICLE 2. ENGINEER. 2.1 The specifications and drawings have been designed by: Holtz Consulting Engineers, Inc. — 270 South Central Boulevard, Suite 207 Jupiter, FL 33458 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: 180 calendar days from Notice to Proceed 3.2.(a). Final Completion: 210 calendar days from Notice to Proceed 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 Seven Hundred and Fifty 00/100 dollars ($750.00) 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) Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 52 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. 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 provided in the Bid Schedule of Values. 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. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 53 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. 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, PR progress, and performance of the Work. 7.4 CONTRACTOR has considered the information known to CONTRACTOR itself; information IN 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. A 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 Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 54 8.1(c) Instructions to Bidders 8.1(d) Bid Proposal (Including List of Subcontractors and Qualification Requirements) 8.1(e) Contractor Safety Qualifications/Requirements (Including Contractor Safety Qualification Form) 8.1(f) Contractor E-Verify Affidavit Form 8.1(g) Drug-Free Workplace Certificate 8.1(h) Public Entity Crimes Affidavit 8.1(i) Village Clerks ADA Compliance Statement Form 8.1(j) Sworn Statement 8.1(k) Trench Safety 8.1(1) Bid Bond 8.1(m) Notice of Intent to Award 8.1(n) Notice of Award 8.1(o) Agreement (Contract) between OWNER and CONTRACTOR 8.1(p) Payment Bond 8.1(q) Performance Bond 8.1(r) Opinion of Village Attorney 8.1(s) Notice to Proceed 8.1(t) General Conditions 8.1(u) Supplementary Conditions 8.1(v) Any Modifications, including Change Orders, duly delivered after execution of Agreement. 8.1(w) Technical Specifications including Appendices bearing the title:WM #1 Tequesta Drive Water Main Replacement Project — 8.1(x) Drawings bearing the title: WM #1 Tequesta Drive Water Main Replacement Project 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 Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 55 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. 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 Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 56 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 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 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. P" 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. A Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 57 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 than 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: a. CONTRACTOR's Pollution Liability 1) General Aggregate $2,000,000 2) Each Occurrence $1,000,000 6.Additional Insureds include the respective officers, partners,directors,employees,agents, consultants, and subconsultants of the following firms and municipal government(s): a. Village of Tequesta 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 Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 58 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 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. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 59 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 for the construction or repair of a public building or public work; may not submit bids, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier or sub-contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The CONTRACTOR will advise the OWNER immediately if it becomes aware of any violation of this statute. 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 I 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. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 60 (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://e-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 Ferreira Construction Co., Inc. 345 Tequesta Drive 13000 SE Flora Avenue Tequesta, FL 33469 Hobe Sound, FL 33455 By: Molly Young, Mayor- "`" QF"r",,, John Ciabattari, Vice President .° C?............. \v Q,GpF�p QR,9 QG, (VILLAGE SEAL) (CORPORATE SEAL) SC AL D_ INCOR,00,ATEO'; ATTEST �(n ATTEST Lori McWilliams,Village Clerk PRINT NAME AND POSITION Md,,,Ac16 n Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 61 Performance Bond _. Contractor Surety Name: Ferreira Construction Co.,Inc. Name: Berkshire Hathaway Specialty Insurance Company Phone: 772-285-5123 Phone:(402)916-3000 Address(principal place of business): Address(principal place of business): 13000 SE Flora Avenue 1314 Douglas Street,Suite 1400,Omaha,NE 68102 Hobe Sound,FL 33455 Owner Contract Name: Village of Tequesta Description(name and location): Phone: 561-768-0497 WM#1 Tequesta Drive Watermain Replacement, Mailing address(principal place of business): Tequesta, Florida Utilities Department 345 Tequesta Drive Tequesta, FL 33469 Contract Price: 2.899,263.40 Effective Date of Contract: -'s-A Bond Number: 47-SUR-300088-01-0840 .. Bond Amount: Two Million Eight Hundred Ninety Nine Thousand Two Hundred Sixty Three and 40/100($2,899,263.40) Date of Bond: -S-v�y 3p� 2.022S (Dote of Bond cannot be earlier than Effective Date of contract) Modifications to this Bond form:O None®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 Surety Ferreira Construction Co.,Inc. Berkshire Hathaway Specialty Insurance Company r (Fu fo` 1 ame �fontr c r (Full formal name of Surety)(corporate seal) -iZBy: �/ _ By: (Signature) (Signature)(Attach Powe Attorney) Name: ,f,n nli ,Y 1 Name: Marisol Mojica (Printed or typed) (Printed or typed) Title: I,Ct"._ �('���iC�rl'� Title: Attorney-in-Fact Attest: � ,�„ �/h _9y r,a Attest: (5ignatu ) (Signature) Name: ��., t ,—;c �j 4.,�. k_ Name: Jonathan Orozco (Printed or typed) (Printed or typed) Title: z: Title: 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. Viltage of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 66 r� 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. r Village ofTequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 67 Performance Bond (Continued) 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 maybe broader than this bond. supplies for the prosecution of the Work,furnish the Contractor with a notice that he intends to look to the bond for r, protection. Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 68 r MM Performance Bond (Continued) 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 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. 2. 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. 3. 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 Village of Tequesta utilities Department WM#1 Tequesta Drive Water Main Replacement Page 69 0- ACKNOWLEDGEMENT OF CONTRACTOR• IF A CORPORATION STATE OF !�In�►c�Cl — COUNTY OF r ON THE DAY OF BEFORE ME PERSONALLY APPEARED J ► TO BE KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY;THAT(S)HE IS THE OF Ferreira Construction Co., Inc.THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL,AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. CECILIA R.HEIN Notary Public * * Commission#HH 378794 N1�lF0F F%..O'e Expires June 29,2027 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE DAY OF BEFORE ME PERSONALLY APPEARED Marisol Moiica TO ME KNOWN,WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY;THAT(S)HE IS THE ATTORNEY-IN-FACT OF Berkshire Hathaway Specialty Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL,AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITT N ABOVE. r Notary Public MARIAM KPASED NO OF TARY WSERSEY STATE EXPIRES X IIR S FEBRUARY 12,2030 MY COMMISSION EXP #50230378 COMMISSION'. 47-5 U R-300088-01-0840 Berkshire Hathaway Specialty Insurance Power Of Attorney � BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY E Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor,Boston,Massachusetts N 02111,NATIONAL INDEMNITY COMPANY,a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street,Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place,Stamford,Connecticut 06902 (hereinafter collectively the"Companies"),pursuant to and by the authority granted as set forth herein,do hereby name,constitute F and appoint:Marisol Moiica,Kevin T.Walsh,Jr..Thomas MacDonald.Krystal L.Stravato.Andreah Moran,Ryan Gray.Jaclyn Maffev, 4 100 South Jefferson Road,Suite 101, of the city of Whippany,State of New Jersey,their true and lawful attorneys)-in-fact to make, S execute,seal,acknowledge,and deliver,for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory in the nature thereof,in pursuance of these presents,the execution of which shall be as binding upon the S �. Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons.This authority for the Attorney-in-Fact shall be limited to the execution of the attached bond(s)or other such writings obligatory in the nature thereof. In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of the Companies have been affixed hereto this date of August 24,2023.This Power of Attorney is made and executed pursuant to O a r.. and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,which are in full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following seals of the Companies e and signatures by an authorized officer of the Company may be affixed by facsimile or digital format,which shall be deemed the = equivalent of and constitute the written signature of such officer of the Companies and original seals of the Companies for all I° .-. purposes regarding this Power of Attorney,including satisfaction of any signature and seal requirements on any and all undertakings, a 1's bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies. 0 3 � BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, Q ' ,,. INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, By: By: 4 David Fields,Executive Vice President David Fields,Vice President 3'y Iklly�1 \�OEMN/j` +y FIRE/4N�, 7F �. `ppVO elf SIRETY 1 r� f Y$3 � Z'250RET1,��'; i t SCRETI' n a SEAL °i SEAL z ja 3t SEAL Rrs+�a�� ~6y a4 t N• � iEg/ fE NOTARY $ IS State of Massachusetts,County of Suffolk,ss: b g� On this 24th day of August,2023,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the r" Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of � Q directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed _ BE said instrument in that capacity of said Companies. C [Notary Seal] g 4 Jul A' JOFIN C.SKINNER NoWy +c Of Notary Public r° m *C*M4SI0n Eyries January 22,2027 I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct r•• copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked.IN TESTIMONY WHEREOF,see hereunto affixed the seals of said Companies this M" ,SVEC#A ^EMNi V%RE I �3 4p=pOq�r� �C�.'YNUk�y/. OR�\SGq SORLTY zS = UKEIY t; �! SURETY e W SEAL R l °+ SEAL �� SEAL y � 0,a �,.��o—•—;Jg Ralph Tortorella,Officer 3y♦�� • f�N f�" BHSIC,NICO&NLF POA(2023) r- P— General Correspondence r BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street,Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS* 12/31/2024 12/31/2023 12/31/2022 '.. Total invested assets $ 7,425,803,196 $ 6,702,817,810 $ 5,680,246,430 Premium&agent balances(net) 635,096,365 690,388,245 582,469,494 All other assets 224,603,005 204,404,036 217,334,073 Total Admitted Assets 8,285,502,566 7,597,610,091 $ 6,480,049,997 LIABILITIES & SURPLUS* 12/31/2024 12131/2023 12/31/2022 Loss&loss exp.unpaid S 2,023,746,631 $ 1,825,674,253 $ 1,495,870,171 Unearned premiums 583,593,113 604,899,743 536,797,683 All other liabilities 1,079,218,932 1,240,939,865 1,065,221,844 �. Total Liabilities 3,686,558,676 3,671,513,861 3,097,889,698 Total Policyholders'Surplus 4,598,943,890 3,926,096,230 3,382,160,299 Total Liabilities&Surplus $ 8,285,502,566 $ 7,597,610,091 $ 6,480,049,997 r Assets,liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. t - � i Payment Bond Contractor Surety Name: Ferreira Construction Co., Inc. Name: Berkshire Hathaway Specialty Insurance Company Phone: 772-285-5123 Phone: 916-3000 _. i Address(principal place of business): Address(principal place of business): 13000 SE Flora Avenue 1314 Douglas Street, Suite 1400,Omaha, NE 68102 Hobe Sound, FL 33455 Owner Contract _ Name: Village of Tequesta Description(name and location): Phone: 561-768-0497 WM#1 Tequesta Drive Watermain Replacement, Mailing address(principal place of business): Tequesta, Florida Utilities Department 345 Tequesta Drive Contract Price: $2,899,263.40 Tequesta,FL 33469 I Effective Date of Contract: 5 r Bond Number:47-SUR-300088-01-0840 Bond Amount: Two Million Eight Hundred Ninety Nine Thousand Two Hundred Sixty Three and 40/100($2,899,263.40) Date of Bond: 7MA 30111 =2-6 (Date of Bond cannot be earlie than Effective Dote of Contract) Modifications to this Bond form:❑None ®See Paragraph 19 r„ 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, Contractor as Principal Surety Ferreira Constructio o. Berkshire Hathaway Specialty Insurance Company (F� BY form a of ConifaEto (Full formal name of Surety) orporgte seal By: ) 40 r— (Signature) (Signature)(Attach Po a of Attorney) Name's J�� Q-ICy)0A4n '1 Name: Marisol Mojica r (Printed or type (Printed or typed) .� Title: V ` C Q �('��j �� Title: Attorney-in-Fact Attest: Attest: Attest: (Signatu e) (Signature) Name: ^�,�.� �4^�.<< .i ._` r_C Name: Jonathan Orozco (Printed or typed) (Printed or typed) Title: *�' t:<'/yr 4: Title: 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 Department WM#1 Tequesta Drive Water Main Replacement Page 62 Payment Bond (Continued) I. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference,subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor,materials,or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims,demands, liens,or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand,lien,or suit. 5. The Surety's obligations to a Claimant under this Bond will arise after the following: r. 5.1 Claimants who do not have a direct contract with the Contractor 5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last ' furnished materials or equipment included in the Claim;and 5.1.2 have sent a Claim to the Surety(at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety(at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor,that r- is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and .. 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however,the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. ki Village of Tequesta Utilities Department WMpl Tequesta Drive Water Main Replacement Page 63 r- Payment Bond (Continued) 8. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner,Claimants,or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Wk Contract or to related subcontracts,purchase orders,and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located ,. or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or(2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished,will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the pa 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. 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 r contractor andto 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. 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 ofTequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 64 Payment Bond (Continued) 17. 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. 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. 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. Village of Tecluesta Utilities Department WM#1 Tecluesta Drive Water Main Replacement Page 65 ACKNOWLEDGEMENT OF CONTRACTOR• IF A CORPORATION STATE OF - COUNTY OF n ON THE DAY OF BEFORE ME PERSONALLY APPEARED Jo�n eici�cyQ 1 TO B KN WN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY;THAT(S)HE IS THE OF Ferreira Construction Co., Inc.THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL,AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. 2o�►avPue��c •; CECILIAR, HEtN Notary Public Commission#HH 378794' 'FOF F79P Expires June 29,2027 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE DAY OF BEFORE ME PERSONALLY APPEARED Marisol Moiica TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY;THAT(S)HE IS THE r. ATTORNEY-IN-FACT OF Berkshire Hathaway Specialty Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. r IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL,AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRIT EN ABOVE. .r Notary Public MARIAM KASED NOTARY PUBLIC STATE OF NEW JERSEY MY CoMmISSION I EXPIRES#50 2RUARY 12,2030 COMM 47-S U R-300088-01-0840 Berkshire Hathaway Specialty Insurance 'ower Of AttorneN - BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY O E Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under y and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor,Boston,Massachusetts N 8 02111,NATIONAL INDEMNITY COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an $° °' office at 3024 Harney Street,Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INSURANCE COMPANY a corporation existing = ro under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place,Stamford,Connecticut 06902 (hereinafter collectively the"Companies"),pursuant to and by the authority granted asset forth herein,do hereby name,constitute F and appoint:Marisol Moiica.Kevin T.Walsh,Jr.,Thomas MacDonald,Krystal L.Stravato,Andreah Moran,Ryan Gray,Jaclyn Maffey, IL200 South Jefferson Road,Suite 101. of the city of Whippany.State of New Jersey,their true and lawful attorney(s)-in-fact to make, F B execute,seal,acknowledge,and deliver,for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or g other such writings obligatory in the nature thereof,in pursuance of these presents,the execution of which shall be as binding upon the �. Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons.This authority for f the Attorney-in-Fact shall be limited to the execution of the attached bond(s)or other such writings obligatory in the nature thereof. In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals Nit of the Companies have been affixed hereto this date of August 24,2023.This Power of Attorney is made and executed pursuant to O and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,which are in full 3 force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following seals of the Companies and signatures by an authorized officer of the Company may be affixed by facsimile or digital format,which shall be deemed the = E equivalent of and constitute the written signature of such officer of the Companies and original seals of the Companies for all p purposes regarding this Power of Attorney,including satisfaction of any signature and seal requirements on any and all undertakings, C m bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies. 3 Y BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, t: a INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, c e m 4 By: By: David Fields,Executive Vice President David Fields,Vice President ti OSpPo1R(r`1' ��4EMN/p yFiRc iN " _, 'G fORPGR4jt C ��OPPOR��TLq y SURETY z =(`SURETY°i Sf; a! NET Y n W SEAL o � SEAL jc �t SEAL " a O RA F4,FN�di`on b•�''4tif•NE0ejp2 Nth � g iS ►� NOTARY -6 y$ State of Massachusetts,County of Suffolk,ss: b 5 On this 24th day of August,2023,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the g w Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed s E said instrument in that capacity of said Companies. ; g [Notary Seal] 4 qg a :OHN C.SKINNER Notary Public Notiv`s z `J Expires Januarp2Z 2027 I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked.IN TESTIMONY WHEREOF,see hereunto affixed the seals of said Companies this'3'�71�'30�2,02 ,A 'ysPecuzrr �pEMIy�T yFlo- 34OPPaR,f���G� lf2Oryk+�,� `�PPOR4tfG9� iy�� f:YS'T�i�■ ` I OMITSEAL ^�� pr SW T Iv c! Sl'RETY cZ J a ro it �Tia �`1i`co SEAS S o Ralph Tortorella,Officer SJx,f8RAS'�<� b''.��'a!rA.Nr.�r= Zvi��N.ECt��+ai" 43Q♦'� ♦ 1�N♦�N t BHSIC,NICO&NLF POA(2023) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY(BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b)The President,any Vice President or the Secretary,shall have the power and authority: (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and (2) To remove at anytime any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY(BY-LAWS) Section 4.Officers,Agents,and Employees: A. The officers shall be a President,one or more Vice Presidents,a Secretary,one or more Assistant Secretaries,a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of .. Directors;and the Board of Directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BY-LAWS) ARTICLE IV r Officers 1 Section 1.Officers.Agents and Employees: �• A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more assistant secretaries,a treasurer,and one or more assistant treasurers,none of whom shall be required to be shareholders or directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office .. at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2024) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC,NICO&NLF PDA(2023) r- General Correspondence BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 r ADMITTED ASSETS* 12/31/2024 12/31/2023 12/31/2022 Total invested assets $ 7,425,803,196 $ 6,702,817,810 $ 5,680,246,430 Premium&agent balances(net) 635,096,365 690,388,245 582,469,494 All other assets 224,603,005 204,404,036 217,334,073 Total Admitted Assets 8,285,502,566 $ 7,597,610,091 6,480,049,997 LIABILITIES & SURPLUS* 12/31/2024 12/31/2023 12/31120 2-. Loss&loss exp.unpaid S 2,023,746,631 $ 1,825,674,253 $ _f,4J ,a70,V1 Unearned premiums 583,593,113 604,899,743 536Jg7;663 r All other liabilities 1,079,218,932 1,240,939,865 ; 1,065,221,844 Total Liabilities 3,686,558,676 3,671,513,861 3,09Y,-8 ;698 Total Policyholders'Surplus 4,598,943,890 3,926,096,230 3,362,160, 9 Total Liabilities&Surplus $ 8,285,502,566 $ 7,597,610,091 $ 6,480,049,997 * Assets,liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. f F f r r r h I� i" PM Opinion of Village Attorney This is to certify that I have examined the attached Contract Documents, that after such r.. 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 proper form, that the representative r- of the respective Contracting Parties have full power and authority to execute such Contract and Contract OM Bond on behalf of the respective Contracting Parties and that the foregoing agreements constitute valid and binding obligations on such parties. f Kei, D v' , Esquire At'orney for Village of Te esta r rThis the �fl day of 2025 r r r F r Village of Tequesta utilities Department WM#1 Tequesta Drive Water Main Replacement Page 70 Notice to Proceed (NTP) -?/15120 25 _ John Ciabattari,Vice President Ferreira Construction Co., Inc. 13000 SE Flora Avenue Hobe Sound, FL 33455 PROJECT: WM#1 Tequesta Drive Watermain Replacement To Whom It May Concern: One fully executed copy of your Contract is enclosed. The commencement date is "S2Q.-LOL5. The following completion dates apply: Substantial Completion:--Non 21oa 1.02o (180 calendar duration from Notice to Proceed) Final Completion:Ftb 295. 20210 (210 calendar duration from Notice to Proceed) Your attention is invited to the provision whereby you shall start to perform your obligations under this Contract on the Commencement date, which shall begin the Contract Time. Village of Tequesta Utilities will monitor the progress of the work and conformance with the Contract. We look forward to working with you on this project. .„ Sincerely, VILLAGE OF TEQUESTA Allyson Felsburg Village of Tequesta Deputy Director, Utilities Department Village of Tequesta Utilities Department WM#1 Tequesta Drive Water Main Replacement Page 71 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 EJCDC°C-700,Standard General Conditions of the Construction Contract. Copyrights 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 1 of S 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 7.18 Indemnification...........................................................................................................................39 7.19 Delegation of Professional Design Services................................................................................39 Article 8—Other Work at the Site...............................................................................................................40 8.01 Other Work.................................................................................................................................40 8.02 Coordination ...............................................................................................................................41 8.03 Legal Relationships......................................................................................................................41 E1CDC°C-700,Standard General Conditions of the Construction Contract. Copyrights 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 EJCDC1 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 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................59 15.01 Progress Payments..................................................................................................................59 15.02 Contractor's Warranty of Title................................................................................................62 15.03 Substantial Completion 62 ........................................................................................................... 15.04 Partial Use or Occupancy........................................................................................................63 15.05 Final Inspection.......................................................................................................................64 — 15.06 Final Payment..........................................................................................................................64 15.07 Waiver of Claims.....................................................................................................................65 15.08 Correction Period....................................................................................................................66 Article 16—Suspension of Work and Termination.....................................................................................67 16.01 Owner May Suspend Work.....................................................................................................67 16.02 Owner May Terminate for Cause............................................................................................67 16.03 Owner May Terminate for Convenience.................................................................................68 16.04 Contractor May Stop Work or Terminate...............................................................................68 Article 17—Final Resolution of Disputes....................................................................................................69 17.01 Methods and Procedures........................................................................................................69 Article18—Miscellaneous..........................................................................................................................69 ' 18.01 Giving Notice...........................................................................................................................69 18.02 Computation of Times.............................................................................................................69 —� EJCDCI'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 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. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements,the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any,the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times,or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein,seeking an adjustment in Contract Price or Contract Times;contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; �- challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor,duly submitted in compliance with the procedural requirements set forth herein,seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. .. Page 1 of 70 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. V 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. 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. .i 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 r� 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. w 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 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. r. 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. Copyrightm 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 _ 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. Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 7 of 70 r 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 r` 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 r. Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work,Contractor shall carefully study the Contract Documents,and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error,ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or -- Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict,error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents,the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier(whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 10 of 70 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 12 of 70 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 1� 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. a EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, a 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 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 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 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 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 a 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 a and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions.The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor's Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: _ 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; - EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, .r and American Society of Civil Engineers.All rights reserved. Page 17 of 70 a - 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer's Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor's resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor;determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility;and 4. advise Owner in writing of Engineer's findings,conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis,then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times,to the extent that any existing Underground Facility at the Site that was not shown EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 18 of 70 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 5.05.6. 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 forthe Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor's remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site _ A. Reports and Drawings:The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have r been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and .. 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy r 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 a 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 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. .r G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times,as a result of such Work stoppage,such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice,Contractor does not agree to resume such Work based on a reasonable belief it is unsafe,or does not agree to resume such Work under such special EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 20 of 70 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 5.06.13, or identified in the Contract Documents to be included within the scope of the Work, and (2)was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 _ obligates Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold _ harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants,and subcontractors of each and any of them,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor _ is responsible,or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03,5.04,and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—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 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 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 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 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 maintaining the policies and coverages required of Owner by the Contract(if any).Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of _ applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific _ to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner's option, may purchase and maintain Owner's own liability insurance.Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer,or third parties. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker's compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer(and any other individuals or entities _ identified in the Supplementary Conditions as additional insureds on Contractor's liability policies)on each Subcontractor's commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in —� the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. J. If Contractor has failed to obtain and maintain required insurance, Contractor's entitlement r to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner's termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage,and the Contract Price will be adjusted accordingly. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 23 of 70 L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor's liability,or that of its Subcontractors or Suppliers,under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or �. renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor's Insurance A. Required Insurance: Contractor shall purchase and maintain Worker's Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions:The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided,or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing,or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work,or by anyone for whose acts any of them may be liable; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor's commercial general liability, automobile liability, employer's liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer,and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 24 of 70 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 'r 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 -r 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 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 25 of 70 Engineer or its consultants,or their officers,directors,members,partners,employees,agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder's risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or _ consequential loss to Owner's existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially _ completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06,will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor,Subcontractors,or Engineer,or the officers,directors,members,partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer's rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. 1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the _ officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them,for all losses and damages caused by,arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such _ policies. C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by,arising out of,or resulting from fire or other insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages caused by,arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder's risk insurance, installation floater, and any other property insurance applicable to the Work. E1CDC®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 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 �I shall cause such services to be provided by a properly licensed design professional, at Contractor's expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1)Contractor's determination of the need for such services, (2)the qualifications or licensing of the design professionals retained or employed by Contractor, (3)the performance of such services, or(4)any errors,omissions,or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect,and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform -� the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours r 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 29 of 70 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use.The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering,sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item.Engineer will be the sole judge of acceptability. No substitute will be ordered,furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee:Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor,Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute.Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 30 of 70 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 Supplierto 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 32 of 70 7.09 Permits A. Unless otherwise provided in the Contract Documents,Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor,when necessary,in obtaining such permits and licenses.Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a •• negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are _ applicable during the performance of the Work. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It is not Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales,use,value-added,consumption,and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, -� Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction.These record documents, together with all approved Samples, will be available to Engineer for reference.Upon completion of the Work,Contractor shall deliver these record documents to Engineer. .- 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 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. 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 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 for Shop 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. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 36 of 70 document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance,or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples,subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval.Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two .� resubmittals. Engineer will record Engineer's time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer's charges to Owner for such time.Owner may impose a set-off against payments ... due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer's charges to Owner for its review time, and —' Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings,Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established `~ in the Schedule of Submittals will be deemed accepted. c. Engineer's review will be only to determine if the Submittal is acceptable under the ., requirements of the Contract Documents as to general form and content of the Submittal. E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, T 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 12.01.6, 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 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner,then the specific warranties,guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages,costs,and judgments(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury,sickness,disease,or death,or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners,employees,agents,consultants,or subcontractors,by any employee(or the survivor or personal representative of such employee)of Contractor,any Subcontractor,any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable,the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the -� performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications,and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or 1 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, w 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. "i 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 8.03.6. 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, r 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.B. r 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 r 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. r 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 r 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 11.03.13, 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 13.03.1), 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 .r Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 46 of 70 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: E1CDCe 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 13.01.6.1 and 13.01.13.2,the Contractor's fee will be 15 percent; b. For costs incurred under Paragraph 13.01.13.3,the Contractor's fee will be 5 percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor's fee will be based on: (1)a fee of 15 percent of the costs incurred under Paragraphs 13.01.6.1 and 13.01.6.2 by the Subcontractor that - actually performs the Work,at whatever tier,and (2)with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost 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.B.1; incorporated materials and equipment costs, Paragraph 13.01.13.2; Subcontract costs, Paragraph 13.01.13.3; special consultants costs, Paragraph 13.01.13.4; and other costs, Paragraph 13.01.13.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. 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 48 of 70 f. 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract ... Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal:Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer's Initial Review: Engineer will advise Owner regarding the Change Proposal,and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before -- conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer's Full Review and Action on the Change Proposal: Upon receipt of Contractor's supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor's supporting data,either approve the Change Proposal in whole,deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 49 of 70 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 15.06.6. 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 any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim,whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work,the Contract Times, or the Contract Price. .. ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below.The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee,time-and-materials, or other cost-based terms; or EJCDC8 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 S1 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 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 52 of 70 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, 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 13.01.8.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 4. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. _. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.6. D. Contractor's Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee,then: a. Contractor's fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work,Contractor's fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee,then Contractor's fee for any Work covered by a Change EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 54 of 70 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 1 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. Copyrightc 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. s. 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 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. V 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. 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 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; `f c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if,in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07,or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation,the amount recommended(subject to any Owner set-offs)will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner .. 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; 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 61 of 70 b. Contractor has failed to take reasonable and customary measures to avoid damage, r 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 r 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 Ownerto 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. r- 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 eithersuch 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; r- 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 r 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 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.B. 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.B, 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. Copyrightc 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. 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 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 68 of 70 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. 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 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. .. 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 70 of 70 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1—DEFINITIONS AND TERMINOLOGY.............................................................................................1 ARTICLE 2—PRELIMINARY MATTERS.............................................................................................................1 ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK....................................................................1 ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS....................................................................................................................2 ARTICLE 6—BONDS AND INSURANCE............................................................................................................2 ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES.............................................................................................5 ARTICLE 9—OWNER'S RESPONSIBILITIES.......................................................................................................6 ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION........................................................................7 ARTICLE12—CLAIMS ...................................................................................................................................10 ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK.......................................................10 ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK11 ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ...................11 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 0 of 11 SUPPLEMENTAL CONDITIONS _ These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2018 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 r 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 5.06.13 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 of the Circuit Court in the county in which the Work is to be performed. Failure to 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 execute bonds in the form prescribed may constitute nonresponsive ness 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 6.02.6: 1. Owner shall be shown as the Certificate Holder and provide for a 30-day cancellation — notice. SC-6.02 Delete Paragraph 6.02 E. in its entirety. SC-6.02 Add the following paragraph immediately after Paragraph 6.02.N: — O. No work shall be commenced under this contract until the required Certificate(s) have been provided.Work shall not continue after expiration (or cancellation) until _. new Certificate(s) have been provided. Non-continuance of work after expiration (or cancellation) of Certificate(s) will not constitute a delay beyond Contractor's control as defined in paragraph 4.05. — P. Contractor shall arrange for its insurers' policies to include, or be endorsed to include, a severability of interest/cross liability provision, so that Owner will be treated as if a separate policy were in existence, but without increasing the policy limits. Q. Contractor's deductibles/self-insured retentions shall be disclosed to Owner and , may be disapproved by the latter.They shall be reduced or eliminated at the option of Owner.Contractor is responsible for the amount of any deductible or self-insured retention. — R. Insurance required of Contractor or any other insurance of Contractor shall be considered primary and insurance or self-insurance of Owner shall be considered excess, as may be applicable to claims that arise out of this contract.S. The Contractor shall either(a) require each subcontractor to procure and maintain the same coverage as required of the Contractor, or (b) insure the activities of — subcontractors in his own policy. SC-6.04 Builder's Risk and Other Property Insurance SC-6.04.A. Add the following to the end of Paragraph 6.04.A: This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the — remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07,and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as"insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; 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 terrorism;vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity,and other earth movement;flood;collapse;explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery,apparatus,equipment,fixtures,and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work,fences, shoring,falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. not include a co-insurance clause. 10. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. _ 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. 14. include for the benefit of Owner loss of profits and soft cost coverage including, without limitation, fixed expenses and debt service for a minimum of 12 months 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 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 (15t Monday of September) Veteran's Day (November 11) Thanksgiving Day(4th Thursday of November) Day After Thanksgiving(4th Friday of November) Christmas Eve (December 24) Christmas Day (December 25) New Year's Eve (December 31)" SC-7.03.D. Add the following new paragraph immediately after Paragraph 7.03.C: Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer's services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work outside of regular working hours as defined in the Contract Documents. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set- off against payments due under Article 15. 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 5 of 11 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 E1CDC®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 ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION SC-10.03 Resident Project Representative SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.6: B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 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. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, 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 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 Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. _ b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the _ integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made;and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation,or requires special testing, inspection or approval. 9. Inspections,Tests, and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. b. Observe,record,and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, Subcontractors present at the Site,weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions,Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors,Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: _ a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. .- b. Draft and recommend to Engineer proposed Change Orders,Work Change Directives, and Field Orders. Obtain backup material from Contractor. 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 byfire or othercauses,orthe 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 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.B 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 13.01.6.51 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. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, 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 15.01.13.3 in its entirety and insert the following in its place: 5. 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 unable to agree as to the amount owed, then Owner may impose a reasonable set- off against payments due under Article 15. E1CDC®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 DIVISION 1 GENERAL REQUIREMENTS SECTION 01000 SUMMARY OF WORK AND SUPPLEMENTARY CONDITIONS PARTI - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. The following is a summary of the work required of this Contract. l. Installation, testing, and disinfection of approximately 6,700 linear feet of ' 8-inch through 12-inch water mains, fittings, valves and other appurtenances along Tequesta Drive. ' 2. Connections to existing water mains. 3. The transferring of services from the existing water distribution system to the new water distribution system. 4. The abandonment of the existing water distribution system. 5. Restoration of all areas affected by construction activities to existing conditions or better. END OF SECTION 01000-1 SECTION 01025 MEASUREMENT AND PAYMENT ' PART 1 -GENERAL 1.01 PERFORMANCE ' A. Section generally defines unless otherwise indicated, the following: l. Payment item descriptions. 2. Payment application descriptions. B. The cost of temporary facilities, bonds, insurance, attending project meetings, administration, record drawings, policing, and other general duties shall be considered incidental to all items. C. The OWNER may direct the CONTRACTOR to install certain portions of the work in advance of other portions without extra payment to the CONTRACTOR. 1.02 RELATED SECTIONS iA. Section INV - Invitation to Bid B. Section IB - Instructions to Bidders C. Section BF - Bid Form D. Section A-Agreement E. Section GC - General Conditions 1.03 LUMP SUM ITEMS A. The lump sum price shall be full compensation for all labor, materials and equipment to satisfactorily complete the installation of the items as shown on the plans and indicated in the details for lump sum bid items. 1.04 UNIT PRICE ITEMS A. The ENGINEER or his representative shall determine the number of units of each work item installed. ' 01025-1 r r 1. The unit price shall be full compensation for all labor, equipment and r materials to satisfactorily complete the installation of the items as shown on the plans, indicated in the details, and described below. r B. The omission of reference to any item in this description shall not alter the intent of the bid form or relieve the CONTRACTOR of the necessity of furnishing such r as part of the Agreement. No separate payment will be made for any item that is not specifically set forth in the Bid Form, and all costs therefore shall be included in the prices named in the bid form for the various appurtenant items of work. r 1.05 BID ITEM DESCRIPTIONS Base Bid Item No. Base Bid Item Description 1 Mobilization/Demobilization (Including GC's, MOT, and Safety): The r Contract Lump Sum for this item shall constitute full compensation for mobilization, demobilization, general conditions, safety precautions and protocols, insurances, preconstruction video, construction layout, monthly r photos, shop drawings,permits, temporary facilities, maintenance of traffic,as- built record drawings, temporary erosion control, and bonding in accordance with the contract documents. The first payment shall not include mobilization/ I demobilization if the CONTRACTOR has not started work at the project site. Payment for this item shall be by Lump Sum (LS). 2-6 Furnish and Install C-900 PVC Water Main (Various Sizes): The Contract r Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete construction of C-900 r PVC water main as shown on the construction drawings,specified herein and as directed by the ENGINEER. This item includes, but not limited to, all surveying, erosion control, trenching, rock removal, disposal of excess r materials, bracing, sheeting, dewatering, maintenance of traffic, supporting existing utilities, restraint gaskets or glands, bedding, pipe, pipe marking tape, tracer wire, blocking, backfilling, compaction, flushing necessary to place and connect all piping, and removal and disposal of sidewalks, driveways, concrete curb & gutter, asphalt, rock base and subgrade (including necessary sawcutting). Payment for this item is per Linear Foot(LF) installed. • Bid Item 2: 4" C-900 PVC Water Main • Bid Item 3: 6" C-900 PVC Water Main • Bid Item 4: 8" C-900 PVC Water Main • Bid Item 5: 10" C-900 PVC Water Main • Bid Item 6: 12" C-900 PVC Water Main r 01025.2 r r r 78- Furnish and Install DR-11 HDPE Water Main Via Horizontal Directional ' Drill(Various Sizes): The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete construction of DR-11 HDPE water main via horizontal directional drill methods as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes,but is not limited to,surveying, erosion control, excavation, backfill, and compaction for entry and exit pits, ' maintenance of traffic, supporting and protecting existing utilities, dewatering, all pipe, drilling, reaming, slurry, disposal of excess materials, pipe marking tape, tracer wire, tracer wire termination boxes, flushing necessary to place and connect all piping, adapters, and removal and disposal of sidewalks,driveways, ' asphaltic concrete, rock base and subgrade (including necessary sawcutting). Payment for this item is per Linear Foot (LF) of horizontal distance transversed as measured along the ground surface and not actual quantity of piping installed. ' • Bid Item 7: 10" HDPE Water Main • Bid Item 8: 12" HDPE Water Main 9 Furnish and Install Ductile Iron Fittings:The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment, and tools for the complete installation of cement lined compact ductile iron fittings,including plugs,as shown on the construction drawings,specified herein and as directed by the ENGINEER. This item includes,but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, ' dewatering,the furnishing and installation of the ductile iron fittings,bolts,nuts, gaskets, flanges, restraints, glands, markers, backfilling, compaction, concrete thrust blocks, location and protection of utilities. Payment for this item shall be ' the actual weight of the compact fittings installed per pound. The weight of glands, gaskets,nuts,washers,bolts,and other accessories will not be measured for payment. r10-11 Furnish and Install PVC/HDPE Transition Adapter (Various Sizes): The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of PVC/HDPE adapter as shown on the construction drawings,specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, materials, fusing, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) adapter ' installed. • Bid Item 10: 10" PVC/HDPE Transition Adapter • Bid Item 11: 12" PVC/HDPE Transition Adapter 1 r ' 01025-3 1 12-16 Furnish and Install Gate Valve with Valve Box: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of ductile iron gate valves as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal ' of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the gate valves,valve boxes,valve key extensions,bolts,nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks ' concrete collars, Operation and Maintenance Manuals, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA)valve installed. • Bid Item 12: 4" Gate Valve with Valve Box • Bid Item 13: 6" Gate Valve with Valve Box • Bid Item 14: 8" Gate Valve with Valve Box • Bid Item 15: 10" Gate Valve with Valve Box • Bid Item 16: 12" Gate Valve with Valve Box 17 Furnish and Install Fire Hydrant Assembly with 6-inch Gate Valve and Valve Box: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a fire hydrant assembly, a 6-inch ductile iron gate valve, and valve box as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all ' excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the fire hydrant assembly, 90- degree bend, gate valve, 6-inch PVC pipe from the tee to the hydrant, valve , boxes, valve key extensions,bolts,nuts, gaskets, restraints, glands, backfilling, compaction,concrete thrust blocks concrete collars,Operation and Maintenance Manuals, and protection of utilities, structures, trees, and shrubs. Payment for ' the mainline tee shall be paid under ductile iron fittings line item. Payment for this item shall be the actual number of Each (EA) fire hydrant installed. 18 Furnish and Install Tracer Wire Access Box with Concrete Collar: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a tracer wire access box as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, the furnishing and installation of all materials, backfilling, compaction, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each(EA)tracer wire access box installed. 01025-4 ' 19 Connection to Existing Water Main: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete connection to an existing water main as shown on the construction drawings,specified herein and as directed by the ENGINEER. This t item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, restraining existing water mains, Hymax couplings when necessary, draining existing mains, coordination with ' OWNER,disinfection,backfilling,compaction,concrete thrust blocks,concrete collars, and protection of utilities, structures, trees, and shrubs. This item shall also include locating and potholing the existing water mains at the proposed connection points to confirm the existing location,material,and diameter,which ' must be done at least three weeks prior to making the proposed connection. Payment for this item shall be the actual number of Each(EA)connection made. ' 20 Furnish and Install 2" Fill and Flushing Assembly: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials,labor, equipment and tools for the complete installation of a 2"fill and flush assembly ' as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials,bracing, sheeting,rock removal, dewatering, the furnishing and installation of the fill and flushing assembly including temporary gate valve, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, concrete supports, and protection of utilities, structures, ' trees,and shrubs. Payment for this item shall be the actual number of Each(EA) 2" fill and flushing assembly installed. ' 21 Furnishing and Install Sample Point: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install sample points as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the sample points, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the sample points. Payment of this item shall be per Each (EA) sample point installed. ' 01025-5 22 Furnishing and Install Short Single Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install short single services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and ' dewatering, the furnishing and installation of the service lines, meter boxes, fittings,bolts,nuts,gaskets, flanges,restraints,backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of ' structures, trees and shrubs and all other work required for the complete installation of the short single service. Payment of this item shall be per Each (EA) short single service installed. , 23 Furnishing and Install Long Single Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install long single services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings,bolts,nuts,gaskets, flanges,restraints,backfill and compaction,testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the long single service. Payment of this item shall be per Each (EA) long single service installed. ' 24 Reconnect Existing 2" Long Single Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and , incidentals necessary to furnish and install long single services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines and casing pipe, fittings,bolts,nuts,gaskets, flanges,restraints,backfill and compaction,testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the long single service line to reconnect the existing service meter to the new water main. Payment of this item shall be per Each (EA) long 2" single service installed. 1 01025-6 ' 25 Pressure Testing and Chlorinating New Water Main: The Contractors bid ' unit price per linear foot (LF) of water main shall include all labor, materials, equipment, and incidentals necessary to flush and disinfect, as necessary for satisfactory pressure testing and bacteriological sampling and clearance,the new ' water mains,as shown on the Drawings and specified herein, and as directed by the Engineer. This item shall include coordination and planning for disposal of pressure testing and flushing water and disinfecting solutions, and coordination ' of pressure testing and bacteriological sampling with the Village. All work shall be in accordance with the Owner specifications, applicable AWWA standards, and the Florida Department of Environmental Protection (FDEP). Payment for pressure testing and chlorination and testing shall be contingent on acceptance ' and clearance to place the water main in service being granted by the FDEP. Note that expenses for additional pressure testing or re-flushing, disinfection, and sampling required due to previously failed bacteriological samples shall be borne by the Contractor and will not be paid by the Owner. Failing bacteriological tests must be retested on all portions of the water main connected to that failed testing site,not just the one local site that fails. ' 26-28 Cap and Abandon Existing Water Distribution System: Under this item,the CONTRACTOR shall provide all labor, materials and equipment, and ' incidentals necessary to abandon portions of the existing water distribution system to be abandoned as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal ' of excess materials, caps, disposal of water, bracing, sheeting and dewatering, the abandonment of the existing infrastructure, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining ' existing utilities,protection of utilities,protection of structures, trees and shrubs and all other work required for the complete abandonment. Payment of this item shall be by Linear Foot(LF) of pipe capped, grouted, and abandoned. • Bid Item 26: Cap,Grout, and Abandon Existing 6" Pipe • Bid Item 27: Cap, Grout, and Abandon Existing 8" Pipe • Bid Item 28: Cap, Grout, and Abandon Existing 10" Pipe 29 Concrete Sidewalk Replacement: Under this Item, CONTRACTOR shall provide all labor,material, and equipment required for the replacement, in kind ' and to the same thickness of concrete sidewalks that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction,placement of the ' concrete, and finishing. The cost shall include the replacement of any damaged concrete sidewalk as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Payment for this item ' shall be by Square Yard(SY)of new concrete sidewalk installed. ' 01025-7 30 Brick Paver Sidewalk Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of brick paver sidewalks that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade,compaction,and placement of the paver bricks. The cost shall include the replacement of any damaged brick paver sidewalk as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Payment for this item shall ' be by Square Yard(SY)of new brick paver sidewalk installed. 31 Gravel Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind , and to the same type and thickness of gravel driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction,placement of the ' geotextile and gravel. The cost shall include the replacement of any damaged driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any driveway restoration , outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard(SY)of new gravel driveway installed. ' 32 Asphalt Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind , and to the same thickness, but not less than one and a half inches (1 ''/2") of asphalt driveways that are damaged by construction activities as shown by hatching on the drawings. The bid price shall include but not be limited to , installation,compaction,preparation and fine grading of subgrade and base,tack coat,erosion control,placement of the final asphalt pavement and finishing. The cost shall include the replacement of any damaged asphalt pavement as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard ' (SY) of asphalt driveway installed. 01025-8 33 Concrete Driveway Replacement: Under this Item, CONTRACTOR shall ' provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of concrete driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall ' include preparation and fine grading of subgrade, compaction, density and concrete testing,placement of the concrete,and finishing. The cost shall include the replacement of any damaged concrete driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any concrete driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new ' concrete driveway installed. 34 Stamped Concrete Driveway Replacement: Under this Item, ' CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of stamped concrete driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, placement of the concrete, density testing, and finishing to match existing stamped driveway. The cost shall include the replacement of any ' damaged stamped concrete driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any stamped concrete driveway restoration outside of the areas depicted on the ' drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new stamped concrete driveway installed. ' 35 Paver Brick Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind ' and to the same thickness of paver brick that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, density testing, and placement of the pavers to match existing paver brick driveway. The cost shall include the replacement of any damaged paver brick driveways as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any paver brick driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard ' (SY) of new paver brick driveway installed. 01025-9 i 36 Asphalt Pavement Replacement: Under this Item, CONTRACTOR shall provide all labor,material, and equipment required for the replacement, in kind , and to the same thickness, but not less than one and a half inches (1 ''/z") of asphalt pavement that are damaged by construction activities as shown by hatching on the drawings. The bid price shall include but not be limited to installation,compaction,preparation and fine grading of subgrade and base,tack coat,erosion control,placement of the temporary asphalt patch,and final asphalt pavement, finishing, maintenance of traffic, and temporary and permanent , pavement markings. The cost shall include the replacement of any damaged asphalt pavement as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any roadway and driveway ' restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard(SY) of asphalt pavement installed. ' 37 Concrete Curb & Gutter Replacement: Under this Item, CONTRACTOR shall provide all labor,material, and equipment required for the replacement, in ' kind, of concrete curb and gutter in accordance the FDOT Roadway and Traffic Design Standard Indexes. The bid price shall include but not be limited to preparation, compaction, density testing, forming, concrete testing, curing, and , all items required for a complete installation of new concrete curb and gutter. Any concrete curb and gutter replacement outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the ' OWNER. Payment for concrete curb and gutter replacement will be the measured quantity t at the contract unit price per foot, which price shall be full compensation for all labor, materials and operations necessary for cutting, removal and replacement of all concrete, including steel reinforcement, expansion joints, satisfactorily , restored and all work as shown on the Contract Drawings and Specifications 01025-to ' 1 38 Sodding: Under this Item, the CONTRACTOR shall provide all labor, materials,equipment and incidentals necessary to restore sod,as specified herein and as directed by the ENGINEER, including but not limited to: furnishing and installing sod, fertilizer, topsoil, water, grading, cutting, and preparation of ' subgrade, cleaning the site of the work location and protection of utilities, structures,trees, shrubs and lawns, and all other work required for the complete installation of the sod. This item also includes restoration of irrigation systems ' (piping, sprinkler heads, controls, wiring, etc.). The CONTRACTOR shall be responsible for the proper protection and maintenance of the sodded areas until a satisfactory uniform stand of grass has been established (minimum of two cuttings). Where sod fails to grow properly, the CONTRACTOR shall resod at ' his/her own expense, until satisfactory to the ENGINEER. No additional payment for sod will be made for this project. Payment of this item shall be by Lump Sum (LS). 39 Trees & Shrubbery Restoration: Under this Item, the CONTRACTOR shall provide all labor, materials, equipment and incidentals necessary to restore and replace shrubbery and trees that are disturbed by the construction, as specified herein and as directed by the ENGINEER, including but not limited to: furnishing and installing, replacing or relocating shrubbery and trees, fertilizer, ' topsoil,water, grading, cutting, mulching and preparation of subgrade, cleaning the site of the work location and protection of utilities,structures,and lawns,and all other work required for the complete restoration of the existing shrubbery and trees. All trees and shrubbery damaged beyond the limits of the work(20' each way from the center of the proposed pipe or outside of the right-of-way)as a result of the CONTRACTOR's operations shall be removed and replaced at CONTRACTOR's expense in accordance with the specifications and to the approval of the OWNER. Payment of this item shall be by Lump Sum (LS). ' 40 Root Barrier: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of root barrier, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, the furnishing and installation of all materials, backfilling, compaction, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be per linear foot(LF) of root barrier installed. I ' 01025-11 41-44 Furnish and Install Line Stop Assembly(various sizes): Under this Item, the CONTRACTOR shall provide all labor, materials and equipment; including exploratory excavation and protection of existing utilities, as well as all excavation,sheeting,shoring and bracing,dewatering,any required treatment of groundwater, backfill, compaction, grading, all testing, disinfection and clean- ' up. This item also includes all necessary restraining devices, removal and temporary repair of concrete driveways, concrete sidewalks, concrete curb and gutter, asphalt pavement (including all temporary striping and markings), all ' required restoration, installation of proposed line stop and all other items incidental to the construction of the line stop assembly. All incidental couplings and adapters necessary to complete the connection, regardless of whether the fittings, adapters, or couplings are specifically called out in the Plans, shall be provided. The cost of all incidental fittings, coupling, and adapters shall be included in the unit cost of the line stop assembly. • Bid Item 41: Furnish and Install 4" Line Stop Assembly • Bid Item 42: Furnish and Install 6" Line Stop Assembly • Bid Item 43: Furnish and Install 8" Line Stop Assembly • Bid Item 44: Furnish and Install 10" Line Stop Assembly 45 Owner's Allowance: This fixed lump sum pay item shall include items solely ' at the discretion and the approval of the Owner for additional items not included in the unit price schedule. Any remaining money left in this allowance that is not used and approved by the Owner shall not be paid to the Contractor. ' Payment from this lump sum allowance is totally at the discretion and approval of the Owner. Alternate Bid Item No. Alternate Bid Item Description ' A-1 Mill and Overlay Existing Asphalt Road: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the milling and resurfacing of asphalt pavement that are damaged by construction activities and/or as required by the Village and as shown on the engineering plans. The bid item shall include all work, labor and materials associated with the sawcutting,temporary and permanent pavement markings,cleaning,milling and resurfacing of the asphalt pavement in accordance with Village requirements. The cost shall include the milling and resurfacing of any damaged asphalt ' pavement as a result of the construction activities in accordance with the specifications and Village requirements and to the approval of the OWNER and permitting requirements. Any milling and resurfacing outside of the areas noted ' on the Drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of asphalt pavement installed. ' 01025-12 ' ' 1.06 SATISFACTORY COMPLETION A. Satisfactory completion shall include dewatering, if any, and repair or replacement ' of damaged landscaping, irrigation systems, pavement or other existing improvements. ' 1.07 PAYMENT ITEMS A. Unit Price Bid ' 1. Payment shall constitute summation of measured quantities multiplied by the respective unit price for items constructed as specified herein and shown on the engineering drawings; including installation and removal of all temporary facilities, piping; and supply of all incidental materials, equipment and labor necessary to complete the contemplated Work whether specifically identified herein or not. ' 2. Partial progress payments will be made at monthly intervals and will be based upon the value of the Work completed on the date that a partial ' payment application is submitted less deductions for retainage as defined elsewhere. Signed and Sealed Record Drawings shall be submitted and approved with each partial and final pay request. B. Total Lump Sum Bid ' 1. Full payment shall constitute full reimbursement for the construction of all work as specified herein and shown on the engineering drawings; installation and removal of all temporary facilities,piping,and supply of all incidental materials, equipment and labor necessary to complete the contemplated work whether specifically indentified herein or not. 2. Partial progress payments will be made at monthly intervals and be based upon the value of the Work completed on the date that a partial payment application is submitted less deductions for retainage as defined elsewhere. C. Restoration and Certification Items 1. The Bidder shall note that the sum of all permanent restoration bid items (items delineated by a"*") shall not be less than a minimum percent of the total bid cost. The certification bid item also shall not be less than a ' minimum percentage of the total bid cost. These minimum percentages have been defined previously in 1.05 of this specification section. 01025-13 1.08 PAYMENT APPLICATION DESCRIPTION A. Preparation of Applications: 1. Present required information in type written form, or equivalent. 2. Execute certification by signature of authorized officer. 3. Use data from approved Schedule of Values. Provide dollar value in each , column for each line item for portion of work performed. 4. List each authorized Change Order as an extension on the Application for Payment, listing Change Order number and dollar amount as for an original item of Work. ' B. Submittal Procedures 1. Submit three copies of each Application for Payment. ' 2. Payment Period: Submit monthly as directed by the OWNER. ' 3. Submit signed and sealed record drawings covering work for which payment is being requested. ' C. Substantiating Data 1. When OWNER requires substantiating information, submit data justifying ' dollar amounts in question. 2. Provide one copy of data with cover letter of each copy of application. Show Application number and date, and line item by number and description on each piece of data. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01025-14 SECTION 01039 ' COORDINATION AND MEETINGS ' PART 1 -GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise ' indicated, for the following: 1. Coordination. ' 2. Field engineering. ' 3. Cutting and patching. 4. Preconstruction conference. ' 5. Progress meetings. ' 1.02 COORDINATION A. Coordinate scheduling, submittals, and work to assure efficient and orderly ' sequence of installation of interdependent construction elements, with provisions for accommodating items to be installed later. ' B. Coordinate completion and clean up of Work of separate sections in preparation for Substantial Completion. ' C. Coordinate any tie-ins to existing piping with OWNER. Obtain written authorization prior to shutting down any water mains or services,reclaimed mains, force mains, or performing tie-ins. ' D. Procure approval from OWNER prior to operating any existing valve. ' 1.03 FIELD ENGINEERING A. Employ a Land Surveyor registered in the State of Florida and acceptable to the ' ENGINEER and the Authority to perform all field surveys. B. CONTRACTOR shall locate and protect survey control and reference points. ' C. Control datum for survey is Vertical Control NAVD 1988. t01039-1 i 1 D. Provide field engineering services. Utilize land surveyor to establish elevations, lines, and levels, utilizing recognized survey practices. ' E. Submit signed and sealed certification prepared by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract ' Documents. 1.04 CUTTING AND PATCHING ' A. Employ skilled and experienced installer to perform cutting and patching. B. Submit written request in advance of cutting or altering elements which affects: ' 1. Structural integrity of element. ' 2. Integrity of weather-exposed or moisture-resistant elements. 3. Efficiency,maintenance, or safety of element. 1 4. Visual qualities of sight-exposed elements. 1 5. Work of OWNER or separate CONTRACTOR. C. Execute cutting, fitting, and patching including excavation and fill, to complete 1 Work, and to: 1. Fit the several parts of the Work together, to integrate with other Work. 1 2. Uncover Work for installation of subsequent Work or to correct ill-timed ' Work. 3. Remove and replace defective and non-conforming Work. 1 4. Remove samples of installed Work for testing. 5. Provide openings in elements of Work for penetrations by mechanical and ' electrical Work. D. Execute Work by methods, which will avoid damage to other Work, and provide , proper surfaces to receive patching and finishing. E. Cut rigid materials using masonry saw or core drill, as required. F. Restore Work with new Products in accordance with requirements of Contract Documents. ' 01039-2 ' ' Construct a tight fit between the Work and pipes, sleeves ducts conduit and other G. g p p , , , ' penetrations through surfaces. H. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection; for an assembly, refinish entire unit. I. Identify any hazardous substance or condition exposed during the Work to the ENGINEER. 1.05 PRECONSTRUCTION CONFERENCE A. ENGINEER will schedule a conference after Notice of Award. B. Attendance Required: OWNER, ENGINEER and General CONTRACTOR if applicable. C. Agenda: ' 1. Designation of personnel representing the parties in Contract, and the ENGINEER. 2. Procedures and processing of field decisions, submittals, substitutions, _ applications for payments, proposal request, change orders and Contract closeout procedures. 3. Scheduling. 1.06 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work as required. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two (2) days to kd ENGINEER, OWNER, participants, and those affected by decisions made at the meeting. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, OWNER, ENGINEER, as appropriate to agenda topics for each meeting. D. Agenda: ' 1. Review minutes of previous meetings. 2. Review of Work progress. ' 3. Field observations, problems, and decisions. ' 01039-3 4. Identification of problems, which impede planned progress. PART 2 —PRODUCTS NOT USED PART 3 —EXECUTION NOT USED END OF SECTION LA r r r 01039-4 ' SECTION 01300 SUBMITTALS PART 1 -GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR'S responsibilities, unless otherwise ' indicated, for the following: 1. Submittal procedures. ' 2. Construction progress schedules. 3. Dewatering plans. 4. Temporary trenching, sheeting, and shoring plan. 5. Proposed products list. ' 6. Shop drawings. 7. Product data. ' 8. Manufacturers' instructions. ' 9. Manufacturers' certificates. 10. Maintenance of Traffic. ' 1.02 RELATED SECTIONS ' A. Section 01400-Quality Control: Manufacturers' field services and reports. 1.03 SUBMITTAL PROCEDURES ' A. Transmit each submittal with ENGINEER accepted form. B. Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. ' C. Identify Project, CONTRACTOR, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. 01300-1 D. Apply CONTRACTOR's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to ENGINEER at their business address. Coordinate submission of related items. F. Identify variations from Contract Documents and Product or system limitations r which may be detrimental to successful performance of the completed Work. G. Provide space for CONTRACTOR and ENGINEER review stamps on each t submittal. H. Only complete submittals will be reviewed. Partial or incomplete submittals for a ' product will be returned to the CONTRACTOR without review. I. Revise and resubmit submittals as required, identify all changes made since previous submittal. J. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.04 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule as required in the "General Conditions" and , Section 0 13 10. B. Revise and resubmit as required in the "General Conditions"and Section 0 13 10. , C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. ' F. Indicate estimated percentage of completion for each item of Work at submission of each Application for Payment. ' 1.05 DEWATERING PLANS A. Submit dewatering plans to ENGINEER for review. ' 01300-2 I B. After ENGINEER's review of dewatering plans, CONTRACTOR shall submit plans to proper governing authority and receive permits for dewatering prior to construction. CONTRACTOR is also responsible for closing out dewatering ' permits, if applicable. Submit approved dewatering plan to ENGINEER for their records. ' C. CONTRACTOR is responsible for paying any dewatering permit fees and to adhering to all NPDES requirements. 1.06 PROPOSED PRODUCTS LIST A. Submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number or each product. These products should include as a minimum the following: 1. PVC Pipe, Gaskets ' 2. Ductile Iron Fittings ' 3. HDPE Pipe 4. Poly Pipe 5. Valves 6. Air Release Valves 7. Precast Structures 8. Fire Hydrants ' 9. Meter Boxes 10. Others as required ' B. For products specified only by reference standards,give manufacturer,trade name, model or catalog designation, and reference standards. 1.07 SHOP DRAWINGS A. After Contractor's review, distribute in accordance with Part 1.03 - Submittal Procedures above for the ENGINEER's and OWNER's Review and Approval. 01300-3 1.08 PRODUCT DATA A. Submit the number of copies which the CONTRACTOR requires, plus four (4) copies, which will be retained by the ENGINEER. ' B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this ' Project. C. After review, distribute in accordance with Article on Procedures 1.03 above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.09 MANUFACTURER'S INSTRUCTIONS ' A. When specified in individual specification Sections, submit manufacturers'printed instructions for delivery, storage, assembly, installation, start-up, adjusting, maintenance and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES ' A. When specified in individual specification Sections, submit manufacturers' certificate to ENGINEER for review, in quantities specified for Product Data. B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to ENGINEER. ' 1.12 MAINTENANCE OF TRAFFIC A. Prepare and submit a Work Zone Traffic Control Plan to the appropriate officials , in all municipalities and jurisdictions where the work will impact the flow of traffic. Obtain written approval of that plan from all municipalities and jurisdictions, then provide copies of the plan and all approvals to the OWNER and ENGINEER prior to the start of construction. Also submit plan to maintain/control pedestrian traffic in the work area. 01300-4 PART 2 -PRODUCTS NOT USED PART 3-EXECUTION ' NOT USED END OF SECTION 1 ' 01300-5 SECTION 01310 CONSTRUCTION SCHEDULES ' PART 1 -GENERAL t 1.1 REQUIREMENTS INCLUDED A. Within ten (10) days after receipt of written Notice of Award of the Contract, prepare and submit to the ENGINEER/OWNER an estimated construction progress schedule for the work, with sub-schedules of related activities essential to its progress. B. Submit revised progress schedules with each application for payment in accordance with the ENGINEER's/OWNER's requirements. The schedule shall show work completed as of the 30th of each month. 1.2 RELATED REQUIREMENTS A. General Conditions of the Contract Documents. , B. Section 01000: Summary of Work. C. Section 01039: Coordination and Meetings. D. Section 01300: Submittals. 1.3 FORM OF SCHEDULES A. Prepare schedules in the form and to the level of detail and sequencing acceptable to the ENGINEER/OWNER. ' B. Format of Listings: The chronological order of the start of each item of work. 1.4 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity following the Critical Path Method (CPM). Include dates for beginning and completing ' each and every task. The schedule must also include the following, at a minimum: a. Mobilization. ' b. Submission of Shop Drawings. 01310-1 C. Placement of Equipment and Materials Orders. d. Delivery of Equipment and Materials, including OWNER furnished materials. e. Installation/construction of work. f. Disinfection and preliminary testing. g. Record Drawings. h. Pressure Testing. i. Restoration. j. Clean-up and Completion. B. For submittals, shop drawings, product data and samples show: 1. The dates for CONTRACTOR'S submittals. 2. The dates reviewed submittals will be required from the ENGINEER/OWNER. C. Provide sub-schedules to clearly and satisfactorily define critical portions of the prime schedule. 1.5 PROGRESS REVISIONS ' A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since submission of the previous month's schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the projected impact on the schedule. 01310-2 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime CONTRACTOR's. 1.6 SUBMISSIONS A. Submit initial schedules within 10 days of the date of the Notice to Proceed. 1. The ENGINEER/OWNER will review schedules and return one (1) reviewed copy within 10 days after receipt. 2. If required, resubmit a corrected schedule within 10 days after return of review copy. B. Scheduling shall be prepared in a horizontal bar chart format on paper not smaller than 8'/2 inches x 14 inches. C. With each application for payment, submit: 1. A written description and explanation of any changes in the schedule since the last submission. 2. Three (3) copies each of the construction progress schedule and the shop drawing submittal schedule. 1.7 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractor's. 3. Other concerned parties. B. Instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedule. PART 2 — PRODUCTS Not Used. 01310-3 PART 3—EXECUTION ! Not Used. END OF SECTION 01310-4 SECTION 01360 _ PRE-CONSTRUCTION AUDIO-VIDEO DOCUMENTATION PART 1 - GENERAL 1.01 PERFORMANCE ' A. Section generally defines CONTRACTOR's responsibilities, unless otherwise noted, for the following: , 1. Audio-Video Documentation. 2. Equipment. 3. Submittals. 4. Technique. 5. Quality Assurance. 1.02 QUALITY ASSURANCE A. Documentation shall be performed by a responsible commercial firm known to be skilled and regularly engaged in the preparation of pre-construction color audio- video documentation. Any Preconstruction video produced by the CONTRACTOR will be immediately reiected. All preconstruction videos are to be completed by a firm with extensive amount of previous experience in producing preconstruction documentation. This preconstruction video is required to support existing conditions in case of dispute. B. Completed documentation shall reproduce bright, sharp pictures with accurate colors and shall be free from distortion, tearing, rolling, or any other significant picture imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity, and be free of distortion. C. Construction shall not proceed until the OWNER and ENGINEER have reviewed the documentation and notified the CONTRACTOR of its acceptability. Two (2) copies provided shall be as required in Section 01300- Submittals. 01360-1 1.03 MEASUREMENT AND PAYMENT A. No separate payment item is provided for this work. The cost of performing this work shall be incorporated into the bid items or lump sum amount identified on the bid form. PART 2 - PRODUCTS 2.01 RECORDING EQUIPMENT A. Utilize color video camera having: 1. Horizontal Resolution of 350 lines at center. 2. 8:1 Zoom, minimum. B. Utilize digital format recorder having: 1. Minimum horizontal resolution of 540 lines, 60 fields. 2.02 RECORDING MEDIA A. Utilize new, Digital Video Disc (DVD) having: 1. DVD shall be DVD-R. DVD-RAM shall not be accepted. w 2. 43/4 inches diameter discs. 3. High resolution. 4. 4.7 gigabyte storage per layer with two (2) layers minimum. PART 3 -EXECUTION 3.01 COVERAGE A. Record coverage of all surface features located in the construction's zone of influence(including the proposed storage area(s)) including,but not limited to: 1. Roadways, driveways, curbs, sidewalks. 2. Homes, commercial establishments, multi-family dwelling units, walls, gates, decorative concrete structures,parking lots, and pavement. 01360-2 3. Traffic control signals, signs,markings, etc. 4. Drainage structures, abovegrade utilities, drainage swales, canals. 5. Landscaping, trees, shrubbery, fences, irrigation heads, meters. B. Record the individual features of each item with particular attention being focused upon the existence of any faults, fractures, or defects. , C. Control pan rate, rate of travel, camera height and zoom rate to maintain a steady clear view at all times. D. Limit recorded coverage to one side of any street at any one time. E. Create a single, continuous, unedited recording that begins and ends within each r portion of a particular construction area. The recording shall proceed in the direction of ascending baseline stationing. 3.02 AUDIO CONTENT A. Simultaneously record audio content during videotaping. ' B. Audio recording shall assist in viewer orientation and in any needed identification, , clarification, or description of features being recorded. C. Audio recording will only consist of camera operator commentary. ' 3.03 INDEXING A. Permanently label each tape with a sequential tape number and the project name. B. Index each DVD with a digital record of the time and date of the recording that is continuously displayed as the DVD is played. C. Prepare a written log which describes the contents of each DVD including: ' l. Structure/location names. 2. Coverage begin/end, station and location. ' 3. Recording date. 01360-3 i 3.04 CONDITIONS A. Record coverage during dry, clear weather and during daylight hours only. ' B. Record coverage when the area to be covered is free of debris or obstructions. C. Record coverage no more than 15 days prior to the start of construction. ' END OF SECTION I 01360-4 SECTION 01400 QUALITY CONTROL PART 1 -GENERAL ' 1.01 PERFORMANCE ' A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: ' 1. Quality assurance and control of installation. 2. References. , 3. Inspection and testing laboratory services. ' 1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site ' conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. 1 C. Should manufacturers' instructions conflict with Contract Documents, request ' clarification from ENGINEER before proceeding. D. Comply with specified standards as a minimum quality for the Work except when , more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. r F. Secure products in place with positive anchorage devices designed and sized to , withstand stresses, vibration,physical distortion or disfigurement. G. Provide devices or utilize methods necessary for compliance with the "Trench Safety Act". 1.03 REFERENCES A. Conform to reference standard as identified in each individual technical specification section. 01400-1 r B. Should specified reference standards conflict with Contract Documents, request ' clarification from ENGINEER before proceeding. C. The contractual relationship of the parties to the Contract shall not be altered from ' the Contract Documents by any reference standard or document. 1.04 INSPECTION AND TESTING LABORATORY SERVICES ' A. CONTRACTOR will employ an independent firm to perform inspection and testing. CONTRACTOR pays for all tests including required density testing, ' bacteriological testing, and concrete testing. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the ENGINEER. ' C. Reports will be submitted by the independent firm to the ENGINEER, in duplicate, indicating observations and results of tests and indicating compliance or non- compliance with Contract Documents. D. Cooperate with independent firm; furnish samples of materials, design mix, ' equipment, tools, storage and assistance as requested. 1. Notify ENGINEER and independent firm 24 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for CONTRACTOR's use. E. Retesting required because of non-conformance to specified requirements shall be ' performed by the same independent firm on instructions by the ENGINEER. The cost for retesting shall be the CONTRACTOR's responsibility. PART 2 -PRODUCTS ' NOT USED tPART 3 -EXECUTION NOT USED ' END OF SECTION 01400-2 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 -GENERAL ' 1.01 PERFORMANCE , A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: ' 1. Temporary Utilities: Electricity, water, and sanitary facilities. 2. Temporary Controls: Barriers, enclosures and fencing, protection of the ' Work. 3. Construction Facilities: Parking, progress cleaning, and project signage. ' 1.02 RELATED SECTIONS , A. Section 01700 -Contract Closeout: Final Cleaning. 1.03 TEMPORARY ELECTRICITY A. CONTRACTOR to provide portable power supply as required. ' B. Provide power outlets for construction operations, with branch wiring and distribution boxes located as needed. Provide flexible power cords as required. ' 1.04 TEMPORARY WATER SERVICE A. OWNER shall make temporary water service available through use of a hydrant ' meter. CONTRACTOR to provide means to transfer water from local hydrant or source to specific site where water is needed. 1.05 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities. 1.06 BARRIERS AND TRAFFIC CONTROL ' A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage due to construction ' operations and demolition. 01500-1 B. Provide protection for natural vegetation designated to remain. Replace protected ' vegetation, if damaged. C. Protect all landscaping and decorative vegetation. Restore damaged landscaping and vegetation to its original condition. D. Protect non-owned vehicular traffic, stored materials, site and structures from damage. E. Provide signs, signals,cones,barricades and trained flagmen to direct traffic in and around the construction site in accordance with Florida Department of ' Transportation Work Zone Traffic Control Standards. 1. Prepare a WORK ZONE TRAFFIC CONTROL PLAN and submit that plan to the appropriate officials in all municipalities and jurisdictions where the Work will impact the flow of traffic. 2. Obtain written approval of that plan from all municipalities and jurisdictions, and then provide copies of the plan and all approvals to the OWNER and ENGINEER prior to the start of construction. All approvals ' must be obtained prior to construction. 1.07 PROTECTION OF INSTALLED WORK ' A. Protect installed Work and provide special protection where specified in individual specification Sections. ' B. Provide temporary and removable protection for existing and installed Products. Control activity in immediate work area to minimize damage. ' C. Provide protective coverings as needed. D. Protect finished floors, stairs,roadways, and other surfaces from traffic, dirt,wear, damage,or movement of heavy objects,by protecting with durable sheet materials. ' 1.08 SECURITY A. Provide security and facilities to protect Work from unauthorized entry,vandalism, ' or theft. 1.09 ACCESS ROADS ' A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. B. Extend and relocate as Work progress requires. Provide detours necessary for 01500-2 I unimpeded traffic flow. Coordinate interruptions in normal public vehicular traffic flow with those governmental agencies having authority over each roadway. 1.10 PARKING A. Provide temporary parking areas to accommodate construction personnel. ' B. Temporary parking areas must not interfere with normal traffic flow or designated ' parking for others. C. Temporary parking areas must be approved by the ENGINEER and OWNER. 1.11 PROGRESS CLEANING A. Maintain all construction areas free of waste materials, debris, and rubbish. Maintain all sites in a clean and orderly condition. B. Broom and vacuum clean areas prior to start of surface finishing, and continue cleaning to eliminate dust. C. Remove waste materials, debris, and rubbish from site daily and dispose of at , approved location. D. Always keep roadways, sidewalks and bicycle paths clear of construction debris ' and trash. E. Provide positive methods and apply dust control materials to minimize raising dust ' from construction operations, and provide positive means to prevent air-borne dust from dispersing into the atmosphere. CONTRACTOR shall immediately mitigate dust upon complaint. ' 1.12 REMOVAL OF UTILITIES, FACILITIES,AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, ' prior to Final Application for payment inspection. B. Remove temporary underground installations to a minimum depth of three(3)feet. ' C. Clean and repair damage caused by installation or use of temporary work. ' D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to pre-construction conditions or ' better. 01500-3 PART 2 - PRODUCTS ' NOT USED PART 3 -EXECUTION NOT USED END OF SECTION 17 01500-4 1 SECTION 01600 MATERIAL AND EQUIPMENT ' PART 1 -GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: ' 1. Products. 2. Transportation and handling. ' 3. Storage and protection. ' 4. Product options. 5. Substitutions. 1.02 RELATED SECTIONS ' A. Instructions to Bidders: Product options and substitution procedures. B. Section 01400-Quality Control: Product Quality Monitoring. ' 1.03 PRODUCTS ' A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for ' preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as ' specifically permitted by the Contract Documents. 1.04 TRANSPORTATION AND HANDLING ' A. Transport and handle Products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that Products comply with requirements, quantities are correct, and Products are undamaged. C. Provide equipment and personnel to handle Products by methods which prevent soiling, disfigurement, or damage. 01600-1 1.05 STORAGE AND PROTECTION A. Store and protect Products in accordance with OWNER's and manufacturer's ' instructions, with seals and labels intact and legible. Store sensitive Products in weather-tight, climate-controlled enclosures. ' B. For exterior storage of fabricated Products,place on secure supports,above ground. C. Provide off-site storage and protection when site does not permit on-site storage or protection. On-site storage of products must be approved by the OWNER and ' ENGINEER prior to delivery. D. Cover Products subject to deterioration with impervious sheet covering. Provide ' ventilation to avoid condensation. E. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent ' mixing with foreign matter. F. Arrange storage of Products to permit access for inspection. Periodically inspect 1 to assure Products are undamaged and are maintained under specified conditions. 1.06 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any Product meeting those standards or description. ' B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions ' allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for ' Substitutions: Submit a request for substitution for any manufacturer not named. 1.07 SUBSTITUTIONS 1 A. Instructions to Bidders specify time restrictions for submitting requests for Substitutions during the bidding period to requirements specified in this Section. B. Substitutions may be considered when a Product becomes unavailable through no fault of the CONTRACTOR. ' C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. It is the burned of the CONTRACTOR to ' prove that the substitution is equal to or better than the specified product. D. A request constitutes a representation that the Bidder: 01600-2 1. Has investigated proposed Product and determined that it meets or exceeds ' the quality level of the specified Product. 2. Will provide the same warranty for the Substitution as for the specified ' Product. 3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to OWNER. 4. Waives claims for additional costs or time extension that may subsequently ' become apparent. 5. Will reimburse OWNER for review or redesign services associated with re- approval by the ENGINEER or governing authorities. E. Substitutions will not be considered when they are indicated or implied on shop , drawing or product data submittals without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit three (3) copies of request for Substitution for consideration. Limit each request to one (1) Proposed Substitution. 2. Submit shop drawings, Product data, and certified test results attesting to , the proposed Product equivalence. G. The ENGINEER will notify CONTRACTOR, in writing, of decision to accept or , reject request. PART 2 - PRODUCTS NOT USED ' PART 3 -EXECUTION ' NOT USED END OF SECTION 1 01600-3 ' 1 SECTION 01700 CONTRACT CLOSEOUT PART 1 -GENERAL ' 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: 1. Closeout Procedures. ' 2. Final Cleaning. 3. Adjusting. 4. Warranties. ' 1.02 RELATED SECTIONS A. Section 01500-Construction Facilities and Temporary Controls. 1.03 CLOSEOUT PROCEDURES ' A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for ENGINEER's inspection. B. Provide submittals to ENGINEER that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. D. Submit final record drawings in accordance with Section 01720 — Record ' Documents (two [2] sets signed and sealed by the Surveyor, two [2] copies on CD in AutoCAD 2000 format or later, and one [1] copy on CD in pdf format). In addition, the CONTRACTOR is to provide the required number of sets of signed and sealed Record Drawings in order to assist the ENGINEER in closing out all necessary permits. ' 1.04 FINAL CLEANING A. Execute final cleaning prior to final inspection by OWNER and ENGINEER. ' 01700-1 B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances,polish transparent and glossy surfaces. ' C. Clean equipment and fixtures to a sanitary condition. D. Clean site; rake clean landscaped surfaces. E. Remove waste and surplus materials, rubbish, excess dust from roads and sidewalks, and construction facilities from the site. 1.05 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.06 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and ' manufacturers. C. Provide Table of Contents and assemble in binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide ' updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. ' F. Provide operation and maintenance documentation. G. CONTRACTOR shall attend a One-Year Warranty walkthrough and resolve any ' issues at his own expense. PART 2 -PRODUCTS NOT USED , PART 3 -EXECUTION NOT USED END OF SECTION ' 01700-2 ' SECTION 01720 RECORD DOCUMENTS ' PART 1 -GENERAL ' 1.01 PERFORMANCE A. Section generally defines CONTRACTOR'S responsibilities, unless otherwise ' indicated, for the following: 1. On-site maintenance of Record Documents. 2. Required record information. 1.02 MAINTENANCE A. Maintain on site, one (1) set of the following Record Documents; record actual ' revisions to the Work: 1. Drawings. 2. Specifications. ' 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Shop Drawings,product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. ' D. In the interest of timely detection of non-conforming Work, all Record Drawing information for the partially completed work must be furnished to the ENGINEER ' prior to submitting for periodic progress payments on the partially completed Work. E. Under no circumstances will pavement restoration Work be allowed to start until ' the ENGINEER has reviewed the Record Drawing information for Work constructed within the area that pavement or concrete will be restored. ' F. All Record Drawing information must be obtained by a Professional Land Surveyor, who is licensed in the State of Florida. Information must be signed and sealed. 01720-1 G. Record Documents must be available to ENGINEER for examination at any time ' during the progress of the Work. H. Submit completed Record Documents upon completion of the Work,at each partial ' pay request, prior to testing, and prior to application for final payment. 1.03 REQUIRED RECORD DRAWING INFORMATION ' A. General 1. Label drawings"Record Drawings"with date. ' 2. Complete title block with current file name. ' 3. Location sketch. 4. Two (2) signed and sealed sets of Record Drawings. ' 5. Two (2) digital copies of Record Drawings in AutoCAD 2000 format or , later and one (1)copy, in PDF format, on CD. 6. Additional copies as required for permitting closeout as requested by the ENGINEER. 7. Final Record Drawings to show only what was installed, not proposed ' facilities. B. Pipe ' 1. As-built entire facility from existing tie—in to existing tie-in as determined by the OWNER. Extensions of an imaginary line will not be acceptable as reference points. 2. Stationing or Northing / Easting of each valve, fitting, air release valve, , service line, utility crossing, etc. and radial dimensions from a nearby permanent object where possible. 3. Type of materials installed-pipe and appurtenances. Indicate all locations , of change of material including joint type(M.J., slip, restrained). 4. Valve type (plug, butterfly, gate, air release, etc.) and size. ' 5. As-built elevations at tie-in locations and any major changes in direction and/or elevation or at a maximum spacing of 100 feet. Elevations shown at ' 01720-2 these intervals and changes must show top of pipe elevation and finished grade elevation at that location. C. Record drawings must meet the minimum standard of the Village of Tequesta and all other permitting agency requirements. PART 2 - PRODUCTS NOT USED ' PART 3 -EXECUTION ' 3.01 SURVEYOR RESPONSIBILITIES A. Signed and sealed prints are to be submitted for each pay requisition and ' appropriate stages of construction as designated by the ENGINEER. B. Mark information on the Drawing in a manner that indicates which elevations and dimensions have been checked. This is to be done by crossing through the design elevation or dimension and placing the Record information next to it. If an elevation or dimension has not changed, the same procedure should be followed to confirm that it has been checked. Add new information in a manner to indicate that it is Record information and not design information. ' C. Each Record Drawing sheet must include the surveyor's name, company, address, and registration number. ' D. Prior to the conclusion of the Project, CONTRACTOR shall submit the required number of signed and sealed copies of the Record Drawings to the ENGINEER for the purpose of closing out all of the outstanding permits. ' E. At the conclusion of the Project, and after acceptance of the Record Drawings by the OWNER and the ENGINEER, submit two (2) final sets of signed and sealed ' prints to the ENGINEER for permanent record keeping, along with two (2) digital copies of the Record Drawings on CD in AutoCAD 2000 format or later and one (1)copy in PDF format on CD. In addition, the CONTRACTOR shall provide the ' required number of copies to the ENGINEER to assist in the closing out of all necessary permits. END OF SECTION i 01720-3 1 SECTION 01750 GENERAL REQUIREMENTS ' PART 1 -GENERAL ' 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: ' 1. Preservation of Property. 2. Siltation and Bank Erosion. 3. Utility Construction and Adjustment. , 4. CONTRACTOR's Responsibility. 5. Use of Chemicals. 6. Progress of Work. 7. OSHA. 8. Utilities and Structures Shown on the Plans. ' 9. Drainage. ' 10. Restoration of Surface Improvements. 11. Hours of Operation. , 1.02 PRESERVATION OF PROPERTY ' A. Preserve from damage all property (including sidewalks, roadways, landscaping, etc.) along the line of the work, or which is in the vicinity of or is in any way ' affected by the work, the removal or destruction of which is not called for by the plans. B. Wherever such property is damaged due to the activities of the CONTRACTOR, it ' shall be immediately restored to its original condition by the CONTRACTOR at no cost to the OWNER. 01750-1 1 C. In case of failure on the part of the CONTRACTOR to restore such property, or make good such damage or injury, the OWNER may, after 48 hours' notice to the CONTRACTOR, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies ' due or which may become due the CONTRACTOR under this contract. 1.03 SILTATION AND BANK EROSION ! A. Take adequate precautions to minimize siltation and bank erosion in the vicinity of canals or ditches, in discharging well point systems or during other construction ! activities. B. If well pointing, the CONTRACTOR shall notify the South Florida Water Management District as applicable and procure any necessary permits. 1.04 UTILITY CONSTRUCTION AND ADJUSTMENT 1 A. Bid items for liner systems, pump stations, drainage structures, and appurtenances are for new work only. ' B. Prices bid for these items shall include all work incidental thereto,such as pavement repair, existing pond lining repair, sodding, landscape and irrigation repair, and all other required restoration work unless otherwise called for. ' C. Where it is necessary to relocate, lower or otherwise adjust existing mains and appurtenances as may be required to accomplish the new pipeline construction. The cost of work shall be included in the unit prices or lump sum bid for such new pipeline. 1.05 CONTRACTOR'S RESPONSIBILITY A. The CONTRACTOR shall be held strictly responsible for all parts of the work. ' B. If failures in the Work develop within one year from the date of final acceptance, the CONTRACTOR shall be required to replace all faulty material at his full ' expense. A one-year warranty walkthrough shall be attended by the CONTRACTOR with the ENGINEER and OWNER. ' C. The CONTRACTOR is advised to purchase material under a guarantee from the manufacturer, guaranteeing proper service under conditions that are established by the drawings, specifications and local conditions. D. The CONTRACTOR shall also be responsible for the following: 01750-2 1. Charges by others for assistance to the CONTRACTOR for such work as supporting, replacing, moving or providing protection for their facilities as necessitated by the CONTRACTOR's operation. 2. All costs of restoration of the work site to condition equal or better than prior to construction, including landscaping and irrigation systems. 3. All costs of restoration of pavements and structures damaged by the CONTRACTOR's operation. Likewise the CONTRACTOR shall pay all costs of restoring all work areas and all areas where construction materials are stored,whether new materials to be installed or materials removed from ' the work area incidental to the work solely to the satisfaction of the OWNER. E. All public liability,property damage and contractual liability insurance required by others to permit the CONTRACTOR's operation. F. Obtaining and paying for any dewatering permits or construction permits needed ' from local permitting authorities, including but not limited to NDPES permits, South Florida Water Management District (SFWMD), Florida Department of ' Transportation(FDOT), Village of Tequesta, and Palm Beach County. 1.06 USE OF CHEMICALS ' A. Any chemical used by the CONTRACTOR during the course of construction shall have prior approval of either the Environmental Protection Agency (EPA) or the United States Department of Agriculture(USDA)and meet NSF 60 and NSF 61. 1.07 PROGRESS OF WORK ' A. If at any time, the materials and appliances to be used appear to the ENGINEER as insufficient or improper for securing the quality of work or rate of progress required ' for the project, he may order the CONTRACTOR to increase his efficiency or improve the character of work. B. The failure of the ENGINEER to demand any increase of such efficiency or ' improvement shall not release the CONTRACTOR from his obligation to secure the quality of work or the rate of progress necessary to complete the work within the limits imposed by the Contract. ' 1.08 OSHA A. Bidders must comply with the Department of Labor (DOL), Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970(PL 91-956)and under Section 107 of the Contract Work Hours ' and Safety Standards Act(PL 91-54). 01750-3 1 1.09 UTILITIES AND STRUCTURES SHOWN ON THE PLANS ! A. Existing utilities and facilities are shown on the contract drawings only for the convenience of all parties concerned and were established without guarantee as to ' their accuracy or completeness of location. B. Because of conflicting and sometimes erroneous information,certain facilities may ' not be located precisely as shown, or may be omitted entirely. C. Prior to performing any work, the CONTRACTOR shall determine, by site ! inspection or otherwise, all pertinent data concerning the existing utilities, structures, and facilities, including the request of each utility agency to advise him of the location of their facilities in the work vicinity. ! D. The CONTRACTOR shall be completely responsible for the relocation, as required, of existing utilities and structures with such work accomplished at no additional cost to the OWNER. ! E. The OWNER and ENGINEER will assume no liability for damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of the ' existing utilities or structures. F. The CONTRACTOR shall schedule his work in such a manner that he is not ' delayed by the utility companies relocating or supporting their utilities. No compensation shall be made for such loss of time. ' G. The position of certain structures and utilities directly affects the proposed construction. Therefore, in order to ensure that the proposed work can actually be positioned as planned, the CONTRACTOR shall make any excavation necessary ' for location of structures and utilities prior to construction of that particular portion of the job. ' H. All overhead, surface or underground structures encountered in trenching,whether shown on the Plans or not shown on the Plans, are to be carefully protected from injury or displacement, and all damage to such structures is to be completely ' repaired within a reasonable time; otherwise, the ENGINEER may give 24 hours' notice to the CONTRACTOR, then repair the damage at the CONTRACTOR's expense. I. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the ENGINEER; all damaged pipes must be replaced or prevented from leaking. ' Also, all such repairs are to be inspected by the ENGINEER prior to backfilling. The CONTRACTOR must carefully protect from disturbance or injury, all monuments,stakes and benchmarks,and shall not excavate nearer than five(5) feet to any of them until they have been removed, witnessed or otherwise disposed of by the ENGINEER. 01750-4 1.10 DRAINAGE A. Grading shall be controlled in the vicinity of excavations so that the surface of the ' ground will be properly sloped to prevent water from running into trenches or other excavated areas. ' B. Any water that accumulates in the excavations shall be removed promptly by well point or by other means satisfactory to the ENGINEER in such a manner as to not , create a nuisance to adjacent property or public thoroughfare. C. Trenches shall be kept dry while pipe is being laid. Bridging of dewatering pipe ' shall be provided where necessary. D. Pumps and engines for well point systems shall be operated with mufflers, at a ' minimum noise level suitable to a residential area. E. The CONTRACTOR will not be allowed to discharge water into any storm , drainage system without the written approval of the OWNER of that system. F. Approval will be subject to the conditions that the storm sewer be returned to its ' original conditions. G. The CONTRACTOR is responsible for carrying the water to the nearest ditch or body of water and for obtaining the necessary permission to use same. H. The CONTRACTOR shall be financially responsible for any nuisance or damage created due to carrying off water from his drainage system. I. Protect drainage structure inlets from siltation or erosion runoff at all times. J. CONTRACTOR shall strictly adhere to all applicable requirements of the NPDES permit and ensure that construction activities will not adversely affect receiving ' waters. 1.11 RESTORATION OF SURFACE IMPROVEMENTS ' A. Roadways, including shoulders, alleys and driveways of shell, limerock, asphalt, concrete, stabilized soil or gravel, grade plots, sod, shrubbery, ornamental trees, signs, mailboxes, fences, irrigation systems, or other surface improvements on ' public or private property which have been damaged or removed in excavating or other construction operations,shall be restored to conditions equal to or better than conditions existing prior to beginning work. ' B. CONTRACTOR is urged to investigate existing irrigation systems in order to minimize repair work necessary. No extra costs will be paid as a result of damage ' to existing irrigation systems. 01750-5 ' I C. The cost of doing this work shall be included in the cost of the various applicable items or the lump sum bid amount unless a separate payment item has been established for specific restoration Work. D. Pre-Construction Audio Video DVDs - as specified will be used as an aid in determining conditions prior to construction. 1.12 HOURS OF OPERATION A. The CONTRACTOR is hereby informed and understands that certain noise between the hours of 6:00 PM and 8:00 AM is restricted. Therefore, the work is ` restricted during these hours, unless emergency conditions exist that are endangering life or property, as may be determined by the ENGINEER. B. If the CONTRACTOR is authorized to operate equipment 24 hours per day, the pP Y engines shall be provided with residential type silencers approved by the ENGINEER. C. The CONTRACTOR will not be authorized to work Saturdays, Sundays or holidays unless the CONTRACTOR agrees to reimburse the OWNER for all expenses incurred and provided that such work is approved prior to the commencement of weekend work. D. The CONTRACTOR's operations and times may be further restricted by the Village of Tequesta. PART 2 - PRODUCTS NOT USED PART 3 -EXECUTION n NOT USED END OF SECTION 01750-6 DIVISION 2 SITEWORK SECTION 02000 UTILITY CONSTRUCTION PART 1 -GENERAL 1.01 WORK INCLUDED A. This specification governs the construction of all Village of Tequesta (VOT) ' potable water mains, water services, and all appurtenant devices associated therewith. 1.02 VILLAGE OF TEQUESTA MINIMUM CONSTRUCTION STANDARDS A. Construction of the facilities identified herein will also be in accordance with the applicable portions of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, Latest Edition, all referenced specifications, and the ENGINEER's Project Manual. ' B. In the event of a conflict between any governing specifications, the more stringent requirement shall govern construction of this project. 1.03 RESTORATION A. Full and complete restoration of all existing facilities will be accomplished to the sole satisfaction of the OWNER without additional compensation to the CONTRACTOR. The cost of all restoration will be included in the lump sum or unit bid price and no separate payment item for restoration will be established in the schedule of values developed subsequent to bidding. -- PART 2 -MATERIALS 2.01 GENERAL E - A. All construction materials shall comply with the requirements outlined therein. The Contract Documents shall govern unless a more stringent standard is required by ' other permitting agencies. PART 3 -EXECUTION ' 3.01 CONSTRUCTION ' A. All phases of construction, including but not limited to, trenching, pipe laying, backfilling, pipeline flushing, and surface restoration shall comply with the requirements of Part 1.02 as noted in this Section. 02000-1 B. Pipeline backfill not beneath paved surfaces shall be compacted to a minimum density of 98 percent of AASHTO T-180 or as required by governmental agencies having jurisdiction over the Work. 3.02 TESTING A. All testing, including but not limited to, trench earthwork density testing, and pipeline pressure testing shall comply with the requirements of this specification, "FDOT Standard Specifications for Road and Bridge Construction",Latest Edition, and the FDEP. ' B. Backfill density test locations will be examined in accordance with the requirements listed on the trenching details shown on the ENGINEERING drawings. C. ENGINEER must approve the CONTRACTOR's testing laboratory at least 60 days prior to the start of any testing. D. CONTRACTOR will pay for all tests in accordance with the project specifications. E. Retesting locations around all failing tests will be located at the original test location. F. Retest only after re-compaction of a failing test area. G. All new mains shall be flushed and disinfected in accordance with AWWA C651. H. Hydrostatic Testing 1. All pressure mains must be subject to a pressure and leakage test of at least two (2) hours in duration and witnessed by the ENGINEER and OWNER. 2. Test mains after the pipe and fittings are properly restrained and after the main is backfilled and compacted. ' 3. The amount of water required for hydrostatic testing will be available to the CONTRACTOR from VOT water sources. The CONTRACTOR shall provide means of transporting the water to the testing site. 4. Thorough pigging and flushing of the pipeline is required prior to testing. Coordinate the details of pipeline pigging and flushing with the VOT. 5. The length of pipe to be tested at one time shall be valve to valve on ductile iron pipe. Each directional drill shall be independently tested. The length of pipe to be tested at one time must not exceed 1,500 feet without approval. 02000-2 ' 6. Before applying the specified test pressure, expel air completely from the pipe, valves and appurtenances. 7. Subject pipelines to a gauge pressure of 150 psi using a new, contractor- supplied pressure gauge. The pressure must not vary by more than five(5) psi for the duration of the test. ' 8. Inspect the line being tested. Stop all visible leaks including damp spots by using an approved method regardless of the leakage test results. ' 9. Maximum leakage allowed is for direct bury pipe only. No leakage will be allowed on pipes that are directional drilled. 10. If leakage or pressure loss is at a rate in excess of that allowed, the CONTRACTOR must tighten the joints or replace the defective Work until the leakage and/or pressure loss is reduced to within the allowable amount. ' 11. All visible leakage must be repaired. 12. Where it is not feasible to pressure test a connection to existing piping at the specified pressure then CONTRACTOR shall pressurize the connection to existing system pressure and inspect for visible leaks. 13. Record drawings for sections of line being tested must be reviewed and accepted prior to CONTRACTOR requesting test. CONTRACTOR must complete a passing pressure test prior to requesting the OWNER and ENGINEER to witness an official pressure test. 3.03 WARRANTY/PROJECT DOCUMENTATION A. All warranties and project documentation, including but not limited to record drawings and payment applications, shall comply with the requirements of this specification. 3.04 COORDINATION A. All coordination of construction shall primarily occur between the CONTRACTOR and the ENGINEER. The ENGINEER of Record for design of this construction project is HOLTZ CONSULTING ENGINEERS, Inc. The ENGINEER will aid the OWNER in evaluation of technical questions, coordination of the work, resolution of technical and payment disputes, and regulatory certification of the project. The ENGINEER's direct representative on this project will be: Stephen Fowler, P.E. (561) 575-2005 02000-3 1 B. The Utilities to coordinate with are, at a minimum: 1. Florida Power and Light. 2. Comcast Cable. 3. AT&T. 4. Florida Gas. 5. Loxahatchee River District. 6. Other applicable utilities. 3.05 PERMITS ,A. The OWNER and ENGINEER will obtain construction permits from FDEP/Department of Health where applicable. If applicable, license agreements and easements for construction on public and private property will also be obtained by the OWNER and ENGINEER. B. The CONTRACTOR will obtain and pay for any dewatering,NPDES,building or other permits necessary to perform the Work, except as identified above. END OF SECTION i 02000-4 SECTION 02140 DEWATERING PART 1 -GENERAL ' 1.01 SECTION INCLUDES A. Dewatering methods for utility and structural installation. ' 1.02 RELATED SECTIONS A. All of Division 1. B. Division 2 -Pipe and Structures(As Applicable). 1.03 PAYMENT A. Unless noted otherwise on the Bid Form,no separate payment will be made for Work covered under this Section. All costs in connection therewith or incidental thereto are to be included in the respective Contract price for the item or structure to which the ' Work pertains. ' PART 2 - PRODUCTS NOT USED PART 3 -EXECUTION 3.01 PUMPING AND DRAINAGE .. A. The CONTRACTOR shall be responsible for determining all dewatering requirements and governmental regulations prior to commencement of work including,but not limited to,methods of drainage,removal of water,disposal of water and permitting. B. The CONTRACTOR shall bear all costs associated with dewatering including costs ' of damage to property caused by dewatering. C. The CONTRACTOR shall provide and maintain all necessary facilities and equipment to remove all water entering excavations and shall keep such excavations dry so as to obtain a satisfactory undisturbed subgrade foundation condition until the fills, structures or pipes to be built thereon have been completed to such extent that 02140-1 they will not float or otherwise be damaged by allowing water levels to return to natural levels. D. Dewatering shall be conducted by a well point type system and in such a manner as to preserve the undisturbed bearing capacity of the subgrade soils at proposed bottom ' of excavation and to preserve the integrity of adjacent structures. Well point system installation shall be constructed with proper sand filters to prevent drawing of finer grained soil from the surrounding ground. Sump installation, over excavation of trenches,and rocking shall not be allowed as a method of dewatering. E. Water entering the excavation from surface runoff shall be collected in shallow ditches around the perimeter of the excavation, drained to sumps, and pumped from the excavation to maintain a bottom free from standing water. F. The CONTRACTOR shall take all additional precautions to prevent uplift of any , structure during construction. G. The conveying of water in open ditches or trenches will not be allowed. Permission to , use any storm sewers, or drains, for water disposal purposes shall be obtained from the authority having jurisdiction. Any requirements and costs for such use shall be the ' responsibility of the CONTRACTOR. However,the CONTRACTOR shall not cause flooding by overloading or blocking up the flow in the drainage facilities, and shall leave the facilities unrestricted and as clean as originally found. Any damage to ' facilities shall be repaired or restored as directed by the OWNER or the authority having jurisdiction,at no cost to the OWNER. H. Flotation shall be prevented by the CONTRACTOR by maintaining a positive and ' continuous operation of the dewatering system. The CONTRACTOR shall be fully responsible and liable for all damages,which may result from failure of this system. ' I. Removal of dewatering equipment shall be accomplished after the system is no longer required;the material and equipment constituting the system shall be removed by the ' CONTRACTOR. Well point holes shall be filled with a suitable material. I The CONTRACTOR shall take all necessary precautions to preclude the accidental discharge of fuel,oil,etc., in order to prevent adverse effects on groundwater quality. K. CONTRACTOR shall provide for and be responsible for the prevention, control and abatement of erosion and water pollution until completion of the Project. CONTRACTOR shall provide all temporary erosion control features necessary to prevent, control and abate erosion and water pollution. During the construction of the project, the CONTRACTOR shall comply with the Water Quality Standards of the ' State of Florida and applicable provisions of any NPDES permits in effect. 1 02140-2 ' w 3.02 DEWATERING PERMITS A. The CONTRACTOR shall be responsible for obtaining all necessary dewatering permits and for paying all associated application and permit fees. ' END OF SECTION 1 1 ' 02140-3 SECTION 02210 GRADING PART 1 -GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR'S responsibilities unless otherwise indicated, for the following: ' 1. Finish grading of subsoil. 2. Placing, leveling and compacting topsoil. , 1.02 RELATED SECTIONS , A. All of Division 1. B. Section 02936—Sodding. 1.03 PROTECTION A. Protect landscaping and other features remaining as final work. B. Protect existing structures, utility poles, fences, roads, paving, curbs, sidewalks, etc. PART 2 -PRODUCTS 2.01 MATERIALS A. Reused top soil or subsoil organically enhanced with appropriate compost material ' shall be used to perform all final grading operations in preparation for establishment of a live and healthy grass cover. PART 3 -EXECUTION 3.01 INSPECTION A. Verify site conditions and note irregularities affecting work of this Section. ' 02210-1 ' w 1 3.02 SUBSOIL PREPARATION AND COMPACTION A. Eliminate uneven areas and low spots. B. Remove debris, roots, branches, stones, in excess of/z-inch in size and dispose of at an approved site. C. Place and compact needed fill in lifts having a maximum unconsolidated thickness of twelve(12) inches. ' D. Compact fill to 98% of maximum density as determined by AASHTO Method T- 180 using mechanical tamping equipment. Use a minimum amount of water to adjust fill moisture content if necessary. ' E. Restore the surface to the original grade wherever settlement occurs. ' 3.03 PLACING TOPSOIL ' A. Place topsoil in areas where seeding, sodding,planting is scheduled. B. Use topsoil in relatively dry state. Place during dry weather. ' C. Fine grade topsoil eliminating rough or low areas. Maintain levels, profiles, and contours of subgrade. ' D. Remove stone, roots, grass, weeds, debris, and foreign material while spreading. ' E. Manually spread topsoil around trees and plants to prevent damage. F. Lightly compact roll placed topsoil. ' G. Remove surplus subsoil and topsoil from site. ' H. Leave stockpile area and site clean and ready to receive landscaping. I. Top soil to match existing depth, or two inches, whichever is greater. 3.04 TOLERANCES A. Top of topsoil: Plus or minus %2-inch. ' 02210-2 3.05 SCHEDULE OF LOCATION A. The following identifies compacted topsoil thicknesses for various locations. 1. Sod: 2 inches , END OF SECTION , 02210-3 ' 1 SECTION 02225 TRENCHING, BEDDING AND BACKFILL FOR PIPE PART 1 -GENERAL ' 1.01 PERFORMANCE A. Section generally defines CONTRACTOR'S responsibilities unless otherwise ' indicated, for the following: 1. Trench excavation. 2. Pipe bedding. 3. Trench Backfill. 4. Backfill testing. 5. Measurement and Payment. ' 6. Reference standards. 1.02 RELATED WORK ' A. All of Division 1. PR B. Section 02660: Pipe and Fittings-General. C. Appendices, as necessary. 1.03 MEASUREMENT AND PAYMENT ' A. No separate bid item for measurement and payment. B. Include trenching, bedding, backfilling, all necessary restoration, pressure, bacteriological and density testing costs under pipe installation unit costs. 1.04 REFERENCE STANDARDS A. Conform to the requirements of the Standards published by the following organizations. The version of each Standard in effect as of the date of the bid opening shall govern unless otherwise noted. 1. American Water Works Association (AWWA). 02225-1 2. American Association of State Highway and Transportation Officials (AASHTO). 3. American Institute of Steel Construction (AISC). 4. American National Standards Institute, Inc. (ANSI). 5. American Concrete Institute (ACI). , 6. American Welding Society(AWS). ' B. Where no standards are specified, utilize good quality material and perform workmanship in accordance with the best trade practices. ' PART 2 -PRODUCTS 2.01 TRENCH BACKFILL A. Use excavated or borrowed soil materials that are free of rock or gravel larger than ' two (2) inches in diameter and free of twigs, roots, or other vegetation/foreign matter. ' B. Use backfill soil that is also non-organic in nature (i.e. peat, muck are unsatisfactory) and is no more than 20 percent by weight finer than No. 200 mesh sieve. 2.02 ROCK BEDDING A. Use 3/8-inch to 3/4-inches washed and graded gravel having 99% passing a 3/4-inch sieve and 80 percent retained on a No. 8 sieve. ' PART 3 -EXECUTION , 3.01 CLEARING A. Clear pipe corridor of shrubs, trees and other foreign material prior to beginning excavation. B. Dispose of clearing debris at a properly permitted landfill. C. If a nutrient-rich topsoil layer exists, strip the topsoil and store in piles for reuse. 02225-2 1 3.02 TRENCHING ' A. Locate all existing utilities before trenching. ' B. Install suitable barriers between the work area and vehicle/pedestrian travel lanes before trenching. Barriers must control vehicular/pedestrian work area access. C. Excavate trenches as specified on the engineering drawings. ' D. Completely remove all muck,peat or other incompressible/organic soils(unsuitable soils) that occur along the pipeline route. ' 1. Minimum unsuitable soil removal limits are: a. Vertical - from existing ground to surface of acceptable soil layer. b. Horizontal-from both sides of the pipe centerline to a distance equal ' to the vertical removal depth plus the pipe diameter plus one foot. C. The CONTRACTOR shall determine if the minimum removal limits ' noted herein are sufficient to properly construct the Work. 2. Backfill areas where unsuitable soil has been removed with acceptable soil ' or rock bedding to the design pipe invert elevation. a. Compact suitable soil Backfill to 98 percent of maximum density as ' determined by AASHTO method T-180. b. Place and compact unsuitable soil backfill in lifts having a maximum unconsolidated thickness of 12 inches. C. Obtain a backfill testing schedule from the ENGINEER prior to ' beginning backfill. This schedule will only apply to backfill placed below the pipe invert due to removal of unsuitable soil. ' E. Excavate rock to four(4) inches below the design pipe invert. 1. No additional payment will be made for rock excavation unless the total quantity of rock excavation exceeds 50 cubic yards and the rock is present in a large continuous unfractured mass. 2. Concrete, asphalt and other demolition of man-made materials is not classified as rock excavation. ' 3. Backfill after rock removal. 02225-3 I i i 3.03 BEDDING A. Bed pipe as specified on the engineering drawings. Excavate for pipe bells as noted. Pipe shall be uniformly supported by the trench bottom prior to backfill. B. All pipe bedding shall be performed in a dry trench unless the bedding is part of a , subaqueous installation. C. Trenching shall not exceed pipe installation by more than 200 linear feet. 3.04 BACKFILL A. General 1. Backfill trench immediately after the pipe is laid unless other protection for the pipeline is provided. 2. Backfill material shall be solidly tamped around the pipes in layers not to ' exceed six(6)inches to a level at least one(1)foot above the top of the pipe. 3. Test backfill compaction at each full 12 inches of compacted backfill over , the pipe. 4. Test backfill at each station. Two (2) tests are required at each station. The i ENGINEER reserves the right to change the testing interval but not the total number of tests. Retesting because of failed tests is not limited. , B. Unpaved Areas 1. Place and compact backfill in lifts having a maximum unconsolidated , thickness of 12 inches. 2. Compact backfill to 98 percent of maximum density as determined by ' AASHTO Method T-180 using mechanical tamping equipment. Use a minimum amount of water to adjust backfill moisture content if necessary. 3. Restore the surface to the original grade wherever settlement occurs. ' C. Paved Area(Including Driveways) 1. Place and compact backfill in lifts having a maximum unconsolidated thickness of eight(8) inches. 2. Compact backfill to 98 percent of maximum density as determined by ' 1 02225-4 I AASHTO Method T-180 using hand or mechanical tampers. ' 3. The top 12 inches of backfill (subgrade) shall be stabilized to LBR 40 and then compacted per 3.04.C.2. ' 4. When backfilling is completed, tested and approved, the roadway base for pavement replacement may be placed immediately. ' 5. Restore the surface to the original grade wherever settlement occurs. ' 3.05 TESTING A. Testing shall be performed by a certified testing laboratory (at the ' CONTRACTOR's expense) approved by the OWNER. B. Pay for all backfill testing and any required backfill retesting. ' C. Retesting locations around all failing tests will be located fifty (50) feet on both sides of each failing test and at the original failing test location. D. Retest only after recompaction of a failing test area. END OF SECTION r 02225-5 SECTION 02270 EROSION, SEDIMENTATION AND DUST CONTROL ' PART 1 -GENERAL r 1.01 DESCRIPTION OF WORK ' A. Work consists of control measures as required during the life of the Contract to control erosion, sedimentation and dust. ' B. The CONTRACTOR shall establish, construct and maintain erosion and sediment control measures. The erosion control programs shall be maintained during the entire , period of construction, including any extensions in Contract time. C. Temporary erosion and pollution control shall include construction work off-site , where such work is necessary as a result of borrow pit operations, haul roads or equipment storage sites,etc. D. Preparation of the Stormwater Pollution Prevention Plan (SWPPP), including modifications and updates. E. Obtain and comply with all provisions of the State of Florida, Department of Environmental Protection, Permit for Stormwater Discharge from Large and Small Construction Activities(NPDES Construction Site Permit Program). ' 1.02 REFERENCES A. Rule 62-40.432, F.A.C. B. Erosion and Sediment Control Designer and Review Manual,prepared for FDOT and ' FDEP,July 2013 or latest update. C. 40 CFR Part 122. D. Chapter 403.0885, F.S. E. State of Florida Department of Environmental Protection Generic permit for ' Stormwater Discharge from Large and Small Construction Activities — Notice of Termination of Generic Permit Coverage immediately following this section. ' 1 02270-1 i PART 2 - PRODUCTS NOT USED ' PART 3-EXECUTION 3.01 PREVENTION, CONTROL AND ABATEMENT OF EROSION AND WATER ' POLLUTION A. All work shall be in accordance with the requirements of the State of Florida Department of Environmental Protection under Chapter 62-621, F.A.C. or Chapter ' 62-620, F.A.C. B. The CONTRACTOR shall provide for and be responsible for the prevention, control ' and abatement of erosion and water pollution until completion and acceptance of the Project. The CONTRACTOR shall provide all temporary erosion control features necessary to prevent,control and abate erosion and water pollution,and shall prepare ' and submit as the operator and permittee, along with the applicable application fee, the"Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (NOI) prior to commencing construction and the ' "Notice of Termination" (NOT) upon final completion of construction. The CONTRACTOR, as required by the NPDES permit program, shall prepare a stormwater pollution prevention plan (SWPPP). This SWPPP shall be modified and ' updated by the CONTRACTOR as necessary,to meet the requirements of the NPDES permit issued, at no additional cost to the OWNER. The CONTRACTOR shall also comply with the inspections, maintenance, reporting and all other provisions of the ' NPDES permitting program, and the cost for the compliance with this program is to be included in the CONTRACTOR bid price for the work. A C. During the construction of the Project, the CONTRACTOR shall comply with the Water Quality Standards of the EPA and the State of Florida. D. The CONTRACTOR shall meet and be responsible for the requirements of all applicable governing agencies regarding prevention,control and abatement of erosion and water pollution. 3.02 DAMAGE TO WATER DETENTION AND DRAINAGE AREAS A. The CONTRACTOR shall be responsible for the prevention of damage to detention ponds,holding areas,drainage canals or natural waterways,and wetlands(both on and off site). B. The CONTRACTOR shall act as directed to correct said damage as quickly as possible and take necessary steps to prevent future damage. The CONTRACTOR shall notify the ENGINEER of said damage. 02270-2 I C. The cost of correction of damage shall be at no cost to the OWNER or his agents. 3.03 DUST CONTROL , A. The CONTRACTOR shall exercise precautionary measures to minimize dust ' emissions as necessary, which may include, but shall not be limited to, periodic sprinkling or wetting of the site, and shall modify measures to be implemented, as necessary, to satisfy jurisdictional agency requirements including but not limited to the Village of Tequesta at no additional expense to the OWNER. END OF SECTION ' 1 02270-3 SECTION 02320 TRENCHLESS INSTALLATION OF PRESSURE MAINS BY DIRECTIONAL BORING HORIZONTAL DIRECTIONAL DRILLING (HDD) PART 1 -GENERAL 1.01 SECTION DESCRIPTION A. This Section includes materials, performance and installation standards, and CONTRACTOR responsibilities associated with all labor, materials, equipment ' and incidentals required to install, complete, trenchless pressure mains via the horizontal directional drilling method, as shown on the Drawings and as specified herein. ' 1.02 EXPERIENCE A. The HDD CONTRACTOR shall demonstrate expertise in 14-inch diameter and larger trenchless pipe installation via horizontal directional drill methods by providing a listing of ten (10) projects where similar work has been performed in ' the last eight(8) years, totaling a minimum of 10,000 linear feet. The listing shall include a reference for each project with correct contact name, phone number and address, the CONTRACTOR's project manager and supervisor involved with the ' project, a description of the project, project location, OWNER'S name and contact information, quantity, size, length, and type of pipe installed by HDD. Conventional trenching experience will not be considered applicable. B. HDD CONTRACTOR shall submit the names and resumes of all project managers and all field supervisors proposed to be involved with the project. All supervisory ' personnel must be adequately trained and shall have at least four (4) years of experience in directional boring. C. HDD CONTRACTOR shall submit an overview of the firm, including the number of offices, number of partners and professionals, number and type (city, county, district, private) of entities served by the CONTRACTOR, disciplinary actions or ' lawsuits proposed against the CONTRACTOR in the last three years and the current bonding capacity, name of surety company and telephone numbers. ' D. HDD CONTRACTOR shall demonstrate that the firm owns or has access to equipment capable to construct the project. ' E. Verify the HDD CONTRACTOR has never abandoned a project(even temporarily) during a dispute. I 02320-1 i F. Provide documentation of HDD CONTRACTOR's safety program and safety record. 1.03 SUBMITTALS A. Submit manufacturer's data for the pipe materials and pipe joining materials ' proposed for use. B. Submit an estimate of the anticipated pullback thrust and load that will be required to install the new pipe. The estimate shall include the calculated buoyant force or weight of the pipe and any proposed method for counter-weighting the pipe during pullback. C. Submit the directional boring equipment including the thrust and torque capacities. ' D. Submit locating equipment proposed for use,the method of locating to be used,and the proposed sequence and method of construction for approval by the ENGINEER t in accordance with the plans and specifications. Include information on how the bore is to be steered,the information recorded, and the as-built provided. E. Submit the proposed tunnel size, proposed drilling fluid mix design and composition and MSDS, proposed viscosity, fluid quantities, delivery volume and pressure,method of soil/ slurry separation, and proposed pre-ream procedures. ' F. Submit a drilling plan which shall include the planned drill bore path, the method for monitoring and controlling speed, line, grade and rate of fluids delivered. ' Include sequence, size and description of each reamer and final swabbing of bore path prior to pullback. G. Submit signed and sealed scaled plan and profile of proposed bore for each location. ' The plan shall show finished grade, entry and exit angle, deflection and radiuses of the pilot bore,all existing utilities with minimum vertical and horizontal clearances. ' The plan shall also address the location dimensions and layout of the drill rig and tanks and all other necessary equipment at the rig side, the proposed staging location and area needed for the piping and other components at the pullback end, the lengths of each bore based on soil condition, equipment used, topography, etc. The proposed vertical and horizontal clearances between the bored pipe and any existing / proposed conflicting pipes, conduits or obstructions shall exceed the guidance system accuracy tolerance by a minimum 100%. Give an estimate of time ' proposed to complete each bore. H. Submit an environmental protection plan and contingency plan in case of problems ' such as fluid loss or frac-out. I. The CONTRACTOR is required to bring to the attention of the ENGINEER any known design discrepancies with actual tunneling methods that the 02320-2 I R will be performing. This shall be stated in writing to the CONTRACTOR p g g ' ENGINEER no later than the pre-construction meeting. J. Submit method of storing,transporting,and disposing of cuttings and drilling fluid. ' Methods shall not impact waterways or wetlands and shall be in accordance with all regulatory agencies. ' 1.04 REFERENCED SECTIONS A. Section 02661 —High Density Polyethylene (HDPE) AWWA Pipe and Fittings ' PART 2 -PRODUCTS ' A. All pipes and fittings for the pipe installed via HDD method shall be HDPE. ' PART 3 -EXECUTION 3.01 INSTALLATION ' A. Installation shall be in a trenchless manner producing continuous bores. ' B. Steering of the bore shall be conducted with a walkover locating system(for general work), or a wireline guidance system (for subaqueous bores, bores requiring certified as-builts,or for bores where walkover locating is not practical or desirable, ' such as heavily traveled high-speed roadways). C. The directional boring CONTRACTOR shall submit certification,by a Professional ' Engineer or Professional Surveyor and Mapper licensed in the State of Florida,that the directional boring has been performed in accordance to the construction drawings, and provide signed and sealed certified record drawings of the installation. D. The boring shall be controlled as to depth and angle. The depth between the top ' elevation of the bore tunnel and the surface must be as shown on the Contract Drawings. Variance from the depth shall be submitted in writing by the CONTRACTOR and approved by the ENGINEER. E. Boring shall be conducted using a mechanical boring head, assisted by and cooled by a bentonite clay drilling slurry of low pressure and volume. Liquid clay type colloidal drilling fluid shall consist of at least 10 percent of high-grade, carefully processed bentonite to consolidate cuttings of the soil, to seal the walls of the hole, and to furnish lubrication for subsequent removal of cuttings. In addition, the clay fluid must be totally inert and contain no environmental risk. Material Safety Data Sheets (MSDS)must be provided and approved for all drilling slurry compounds. I 02320-3 F. Mechanical, pneumatic, or water jetting methods will be considered unacceptable ' due to the possibility of surface subsidence. G. Backreaming shall be conducted to enlarge and prepare the bore tunnel for pipe ' installation. Final backreamed diameter of the tunnel shall be 1.5 times the outside diameter of the pipe or sleeve being installed. The number of prereams shall be appropriate to the fluid volume used, the carry ratio of the drilling fluid, and the makeup of the ground material. H. CONTRACTOR shall dispose of excess drilling slurry in a manner acceptable to ' the OWNER and ENGINEER. Drilling slurry shall not be introduced into sewers, storm drains, canals, or bodies of water. It shall be transported offsite and to a disposal site. Pits and work areas are to be restored to equal or better condition than ' pre-construction condition. Location of pits and work areas shall be approved, in advance, by the ENGINEER. Disposal sites for drilling slurry shall be approved for disposal of this material. CONTRACTOR shall submit disposal location ' information to the ENGINEER for the record. I. The pilot hole shall be drilled on bore paths with no deviations greater than 5 ' percent of depth over the length of the bore unless previously agreed to by the ENGINEER. In the event that pilot does deviate from the bore path more than 5 percent of depth over the length of the bore, CONTRACTOR will notify the ' ENGINEER who may require the CONTRACTOR to pull-back and re-drill from the location along bore path before the deviation. Upon completion of pilot hole phase of the operation, a complete set of"as-built" records shall be submitted in duplicate to the ENGINEER. These records shall include copies of the pilot bore path plan and profile record drawing, as well as directional survey reports as recorded during the drilling operation. Upon approval of the pilot hole location by ' the ENGINEER the hole opening or enlarging phase of the installation shall begin. J. Pipe joints shall be welded per the manufacturer's recommendations by competent ' personnel. K. Two (2) #6 AWG stranded copper wires with white insulation shall be pulled with the pipeline for pipeline locating purposes. The wires shall be terminated in a wire access box at both ends. The CONTRACTOR shall attach the wires to the pipe in such a way as to not break the wires during the pullback of the pipe. L. At the completion of the bore, the CONTRACTOR shall submit five (5) copies of the bore log to the ENGINEER for record keeping. The bore log shall be prepared by the subcontractor that performed the horizontal directional drill, unless the CONTRACTOR himself performed the work. M. If any driveways or access roads are to be blocked by the pipe,the CONTRACTOR I shall provide overhead roll-type pipe stands to elevate the pipe to such a height as 02320-4 1 to allow access into the driveways and/or access roads. N. A competent and experienced supervisor representing the CONTRACTOR and drilling Subcontractor shall be present at all times during the actual drilling and pull-back operations. A responsible representative who is thoroughly familiar with the equipment and type of work to be performed must be in direct charge and control of the operation at all times. In all cases,the supervisor must be continually present at the job site during the actual directional drill and pull-back operations. O. CONTRACTOR shall place silt fence between all drilling operations and any drainage,wellfields,wetland,waterway or other area designated for such protection if required by documents, state, federal and local regulations. Additional environmental protection necessary to contain any hydraulic or drilling fluid spills shall be put in place, including berms, liners,turbidity curtains and other measures. CONTRACTOR shall adhere to all applicable environmental regulations. 3.02 RESTORATION OF PAVED,IMPROVED AND UNIMPROVED AREAS A. The shoulders,ditches,banks and slopes of roads,waterways,and railroads crossed and paralleled shall be restored to their former condition and properly sodded so that they will not wash out before becoming consolidated. Restoration shall be as required by the jurisdictional authority and as specified within the Contract Documents. Road crossings and parallel installations are to be continuously maintained until completion of the work. 3.03 SAFETY A. Utmost attention must be paid to all permit conditions and safety considerations,to protect lives and property. At a minimum, these things must be done: 1. Provide crew with accurate cable avoidance equipment and training to detect and avoid damage to all existing utilities. 2. Provide crew with safety equipment which will detect electrical current and voltage, with both visual and audible alarms, in the event of contact/close proximity with electrical and/or telecommunications lines. Provide and use properly grounded matting around the boring equipment. Provide insulated work boots and gloves. Provide OSHA safety equipment and signage for work in public right-of-ways. 3. Provide an OSHA certified Health and Safety Officer to maintain all areas of the job site. The job site superintendent may be the OSHA Certified Health and Safety Officer. At the end of each workday, pits shall be barricaded using a safety fence. END OF SECTION 02320-5 SECTION 02526 CONCRETE CURB AND GUTTER RESTORATION PART 1 -GENERAL 1.01 SCOPE A. The Work to be performed includes the installation of all concrete curb and / or valley gutter removed and / or damaged during the course of the construction work. B. The CONTRACTOR shall exercise reasonable care in removing curb and gutter and shall dispose of all removed materials properly. C. If any portion of concrete curb and/ or gutter is damaged or cut, the entire length of curb and/or gutter must be replaced. No patching of existing curb or gutter will be allowed. 1.02 REFERENCES A. FDOT - Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition. PART 2 -PRODUCTS 2.01 CONCRETE A. The concrete used shall be Class 1 (3,000 psi in 28 days) in accordance with FDOT Standard specification Section 346 "Structural Portland Cement Concrete," Latest Edition. PART 3 -EXECUTION 3.01 INSTALLATION A. The curb face shall be equal to the face of the adjacent undisturbed curb, and the type (i.e. stand up curb or gutter curb) shall be replaced in kind to a condition equal to or better than that which existed previously. Curb that is broken or cracked during construction operations shall be removed and disposed of and replaced by the CONTRACTOR at his own expense. END OF SECTION 02526-1 SECTION 02660 PIPE AND FITTINGS - GENERAL PART 1 -GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR'S responsibilities, unless otherwise indicated, for the following: 1. Submittals. 2. Record drawings. 1 3. Product delivery, storage and handling. 4. Product installation. ' 5. Field quality control. 1.02 RELATED SECTIONS A. All of Division 1. B. Section 02000—Utility Construction. C. Section 02225 - Trenching, Bedding and Backfill for Pipe. D. Section 02668 - Fittings, Valves and Appurtenances. E. Appendices. 1.03 SUBMITTALS A. Submit manufacturer's data for pipes, fittings and appurtenances. B. Submit shop drawing of air release valve installation if installation deviates from the engineering drawings. C. Submit certified affidavit of compliance with material specifications for all pipe, fittings, and appurtenances. D. Submit hydrostatic proof, sustained pressure and burst strength reports for tests performed by the manufacturer prior to shipping. 02660-1 1.04 RECORD DRAWINGS A. Submit record drawings prepared by a professional land surveyor that accurately record actual installed horizontal and vertical location of pipe, fittings, valves and other appurtenances. ' B. Submit written summary of pipe stations where statutory separation between pipes has not been maintained. C. Accurately record all deviations from engineering drawings on the record drawing submittal. D. Refer to Section 01720—Record Documents for additional requirements. 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING ' A. Handle and store products in strict accordance with manufacturer's ' recommendations. B. Handling must not damage or mar products. C. Store products to minimize exposure to weather, vandalism and theft. PART 2 -PRODUCTS NOT USED PART 3 -EXECUTION , 3.01 INSTALLATION A. Perform earthwork operations in accordance with Section 02225 — Trenching, Bedding, and Backfill for Pipe, where applicable. ' B. All laying, testing for defects and pressure testing shall be performed in the presence of the ENGINEER's and/or OWNER's representative. C. All defective material shall be promptly removed from the Work. D. Conform to the manufacturer's installation recommendations. E. In case of conflict between various requirements the more stringent requirement shall apply. 02660-2 F. La pipe with the bell end pointing in the direction of laying. YPP p g Y G. Temporarily close all open pipe ends at the end of each day's work with water-tight plugs. H. Pipe shall be uniformly supported by the trench bottom prior to backfill. I. Install thrust blocking or restraint at all valves and fittings in accordance with manufacturer's recommendations, the engineering drawings, or OWNER specifications, whichever is more stringent. J. Blocking or wedging between bells and spigots will not be permitted. K. Joint deflections shall not exceed 50 percent of the manufacturer's maximum allowable deflection. L. Cut pipe with saws or power-driven abrasive cutters which will produce a square ' cut. Wedge type roller cutters will not be permitted. After cutting, bevel cut ends with beveling tool or abrasive disc and repair any damage to the interior pipe lining with a NSF 61 approved coating. ' M. Keep pipe free of earth and debris during installation. ' N. Flush each completed pipe sections with water obtained from an approved source if needed due to dirt and debris enters the proposed pipe during installation. If the proposed pipe is kept clean during construction, flushing will not be required. The flushing volume shall be sufficient to twice exchange the volume of water in the pipe section being flushed. The flushing flow rate shall be sufficient to create a minimum water velocity of two and one half(2'/2)feet per second in the pipe section being flushed. Flushing and disinfection procedures shall meet AWWA C651 requirements. O. Trench is to be kept clean and dry at all times. 3.02 FIELD TESTING 1 A. Perform earthwork density testing in accordance with Section 02225 —Trenching, Bedding, and Backfill. B. Hydrostatic Testing- See Section 02000—Utility Construction, Section 3.02. END OF SECTION 02660-3 SECTION 02661 HIGH DENSITY POLYETHYLENE (HDPE) AWWA PIPE AND FITTINGS , PART 1 -GENERAL 1.01 SECTION DESCRIPTION A. This specification covers high-density polyethylene (PE 3408) pressure pipe r primarily intended for the transportation of sewage, reclaimed water, or potable water either buried or above grade. 1.02 QUALITY CONTROL ' A. The pipe and fitting Manufacturer shall have an established quality control program responsible for inspecting incoming and outgoing materials. Incoming polyethylene materials shall be inspected for density, melt flow rate, and contamination. The cell classification properties of the material shall be certified by the supplier. Incoming materials shall be approved by Quality Control before processing into finished goods. Outgoing products shall be tested in accordance with AWWA C901 or C906. All HDPE Pipe and fittings shall be National Sanitation Foundation listed and approved for use with potable water. ' B. The Manufacturer shall maintain permanent Quality Control (QC) and Quality Assurance (QA) records. Certification or copy of these records shall be made available to the purchaser on request. 1.03 SUBMITTALS A. Shop Drawings: Submit for approval the following: 1. Detailed procedures to be used in jointing and installing piping system, including manufacturer's recommendations. 2. Bill of materials indicating material composition of pipe, pressure rating, nominal size and its location on the piping installation drawings. 3. The Manufacturer shall supply an Installation Manual to the OWNER which outlines guidelines for handling,joining, installing, embedding and testing of polyethylene pipeline. 4. The Pipe Manufacturer shall provide visual guidelines for inspecting the butt, saddle, and socket fusion joints. 5. Proposed bore profile and pilot bore"as-built". 1.04 RELATED SECTIONS , A. Section 02320 - Trenchless Installation of Pressure Mains by Directional Boring. 02661-1 1.05 REFERENCES Reference Title AWWA C901 Polyethylene(PE) Pressure Pipe and Tubing, '/2 in. through 3 in. for ' Water Service AWWA C906 Polyethylene (PE) Pressure Pipe and Fittings, 4 in. through 63 in. for Water Distribution ASTM D2863 Socket-Type Polyethylene Fittings for Outside Diameter-Controlled Polyethylene Pipe and Tubing ' ASTM D3261 Butt Heat Fusion Polyethylene(PE)Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing ASTM D3350 Standard Specification for Polyethylene Plastics Pipe and Fittings Materials PPI TR-3 Policies and Procedures for Developing Recommended Hydrostatic Design Stresses for Thermoplastic Pipe Materials PPI TR-4 Recommended Hydrostatic Strengths and Design Stresses for ' Thermoplastic Pipe and Fittings Compounds NSF Standard#14 Plastic Piping Components and Related Materials PART 2 - PRODUCTS 2.01 QUALIFICATION OF MANUFACTURERS 4k A. The Manufacturer shall have manufacturing and quality control facilities capable ' of producing and assuring the quality of the pipe and fittings required by these specifications. Given reasonable notice, the Manufacturer's production facilities shall be open for inspection by the OWNER or his Authorized Representative. The ENGINEER shall approve qualified manufacturers. ' 2.02 MATERIAL ' A. Reclaimed water main HDPE carrier pipe shall be DR-11 manufactured to ductile iron pipe outside dimensions and in compliance with C906, latest revision and ASTM F714. Reclaimed water main shall be purple in color. B. Materials used for the manufacturing of polyethylene pipe and fittings shall be PE 4710 High Density Polyethylene (HDPE) meeting the ASTM D3350 cell classification of 445474C. ' C. The material shall have a minimum Hydrostatic Design Basis (HDB) of 1600 psi at 73 degrees Fahrenheit when tested in accordance with PPI TR-3 and shall be listed in the name of the pipe and fitting manufacturer in PPI TR-4. D. The material used in the production of potable water pipe shall be approved by the 02661-2 National Sanitation Foundation (NSF). E. The Manufacturer will certify that the materials used to manufacture pipe and ' fittings meet the requirements of this specification. 2.03 PIPE ' A. Polyethylene pipe shall be manufactured in accordance with AWWA C901 for sizes '/2 inch through three(3)inches and in accordance with AWWA C906 for sizes four (4) inches through 54 inches. B. Permanent identification of piping service shall be provided by co-extruding identifiable colored markings into the pipe's outer surface. The marking material shall be the same material as the pipe material except for color. Type of piping service shall be identified by color according to the following table: 1. Blue - Potable and Raw 2. Green - Sanitary 3. Purple - IQ cover all 4. Orange - Fiberoptic However, refer to local regulatory rules for the required color of the piping if the piping service color is not defined above. Identification markers printed or painted ' on the pipe's outer surface shall not be acceptable. 2.04 FITTINGS A. Polyethylene fittings shall be made from material meeting the same requirements 1 as the pipe. Polyethylene fittings shall be molded or fabricated by the manufacturer of the pipe. ' B. Unless otherwise noted, fittings shall meet the requirements of AWWA C906. C. Molded fittings shall be manufactured in accordance with either ASTM D2683 ' (socket fused)of ASTM D3261 (butt fused) and shall be so marked. D. Mechanical Fittings used with polyethylene pipe shall be specifically designed for ' or tested and found to be acceptable for use with polyethylene pipe. Mechanical Fittings designed for other materials shall not be used unless authorized by the Mechanical Fitting Manufacturer/Supplier. Special precautions may exist with certain mechanical fitting or additional components may be required - consult the , manufacturer of the fitting prior to its use. E. Mechanical joint adapters shall meet the requirements of AWWA C906 and shall be Pressure Class 160, DR-1 lwith extended cor-ten tee bolts, ductile iron glands and gasket. MJ adapter shall be manufactured by Performance Pipe/ Chevron Chemical Company or approved equal. PART 3 -EXECUTION 3.01 INSTALLATION AND TESTING , A. HDPE pipe shall have a minimum cover as required the Contract drawings. 02661-3 B. The Manufacturer shall supply an Installation Manual to the OWNER which outlines guidelines for handling, joining, installing, embedding and testing of polyethylene pipeline. These guidelines shall be used as reference material for the CONTRACTOR in his determination of the required procedures. ' C. Joints between plain ends of polyethylene pipe shall be made by butt fusion when possible. The Pipe Manufacturer's fusion procedures shall be followed at all times as well as the recommendations of the Fusion Machine Manufacturer. The wall ' thickness of the adjoining pipes shall have the same DR at the point of fusion. D. When saddle connections are fusion welded the Manufacturer's recommended ' saddle fusion procedures shall be used. E. If mechanical fittings (which are designed for, or tested and found acceptable for use with polyethylene pipe) are utilized for transitions between pipe materials, ' repairs, joining pipe sections, saddle connections, or at others locations; the recommendations of the Mechanical Fitting Manufacturer must be followed. These procedures may differ from other pipe materials. ' F. Pressure testing shall be conducted in accordance with this Document and the Manufacturer's recommended procedure. Pressure testing shall use water as the test media. Minimum test pressure shall be 150 psi with zero loss allowed. I. Two #6 AWG stranded copper wires with white insulation shall be pulled with the pipeline for pipeline locating purposes. The wire shall be terminated in a wire access box at both ends. The CONTRACTOR shall attach the wire to the HDPE pipe in such a way as to not break the wire during the pullback of the pipe. ' J. The maximum allowable depth of any gouge on the carrier or casing pipe shall not exceed 5 percent of the wall thickness. ' K. At the end of the bore,the CONTRACTOR shall submit five(5)copies of the bore log to the ENGINEER for record keeping. The bore log shall be prepared by the subcontractor that performed the horizontal directional drill, unless the ' CONTRACTOR himself performed the work. L. If any driveways or access roads are to be blocked by the pipe,the CONTRACTOR ' shall provide overhead roll-type pipe stands to elevate the pipe to such a height as to allow access into the driveways and/or access roads. M. The handling of the assembled pipeline shall be in such a manner that the pipe is not damaged by dragging it over sharp or cutting objects. Slings for handling the pipeline shall not be positioned at pipe joints. Sections of the pipes with cuts and gouges or excessive deformations shall be removed and replaced. END OF SECTION 02661-4 r r SECTION 02662 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS PART I GENERAL r 1.01 REQUIREMENTS INCLUDED r A. Furnish all labor, materials, equipment and incidentals required to install and test polyvinyl chloride (PVC) pipe, and fittings, complete as shown on the Drawings , and as specified herein. B. Pipe or piping refers to all pipe, fittings, material and appurtenances required to ' construct PVC concentrate, water and force main sewer pipe complete, in place. 1.02 RELATED REQUIREMENTS r A. Section 02225: Trenching, Bedding and Backfill for Pipe. B. Section 02660: Pipe and Fittings—General. r C. Section 02668: Fittings, Valves and Appurtenances. r D. Appendices. 1.03 SUBMITTALS r A. Submit the name of the pipe and fitting manufacturers and a list of materials to be ' furnished by each manufacturer. Also, include information on local representative of each manufacturer, if product is sold through a distributor. B. Shop Drawings including piping layouts and schedules shall include dimensioning, r fittings,types and locations of valves and appurtenances,joint details,methods and location of supports, anchorage, gasket material, grade of material and all other ' pertinent technical information for all items to be furnished. C. Prior to each shipment of pipe, certified test reports that the pipe for this Contract was manufactured and tested in accordance with the ASTM and AWWA Standards specified herein shall be submitted. 1.04 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) r r 02662-1 r 1. ASTM D1784 — Standard Specification for Rigid Poly (Vinyl Chloride P g Y ( Y ) ' (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 2. ASTM F477 — Standard Specification for Elastomeric Seals (Gaskets) for ' Joining Plastic Pipe. 1 3. ASTM D3139—Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals. 4. ASTM D3034 — Standard Specification for Type PSM Poly (Vinyl ' Chloride) (PVC) Sewer Pipe and Fittings. 5. ASTM D2241 — Standard Specification for Poly (Vinyl Chloride) (PVC) IPressure-Rated Pipe (SDR Series) B. American Water Works Association(AWWA): 1 1. AWWA C110 — Ductile-Iron and Gray-Iron Fittings, 3-in Through 48-in for Water and Other Liquids. ' 2. AWWA CI I I — Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings. 1 3. AWWA C600—Standard Installation of Ductile-Iron Water Mains and their Appurtenances. ' 4. AWWA C651 —Disinfecting Water Mains. ' 5. AWWA C900—Polyvinyl Chloride(PVC)Pressure Pipe and Fittings, 4-in Through 36-in for Water Distribution. ' C. National Sanitation Foundation(NSF): 1. Standard No. 14—Plastic Piping Components and Related Materials. 2. Standard No. 61 —Drinking Water System Components—Health Effects. D. Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. 02662-2 1.05 QUALITY ASSURANCE A. All PVC pipe shall be from a single manufacturer. The supplier shall be responsible for the provisions of all test requirements specified in ASTM D3034 and NSF Standard No. 14 as applicable. In addition, all PVC pipe to be installed under this , Contract may be inspected at the plant for compliance with these specifications by an independent testing laboratory provided by the OWNER. The CONTRACTOR shall require the manufacturer's cooperation in these inspections. The cost of plant inspection of all pipe approved for this Contract, plus the cost of inspection of a reasonable amount of disapproved pipe, will be borne by the OWNER. B. Inspections of the pipe may also be made by the ENGINEER or other ' representatives of the OWNER after delivery. The pipe shall be subject to rejection at any time on account of failure to meet any of the Specification requirements, even though sample pipes may have been accepted as satisfactory at the place of manufacture. Pipe rejected after delivery shall be marked for identification and shall be removed from the job at once. 1.06 SYSTEM DESCRIPTION A. The equipment and materials specified herein are intended to be of standard types for use in transporting water and sewage. B. Note information in pipe schedule on Drawings, if any and in this Section, ' especially concerning pressures, minimum thickness, etc. In case of a conflict, information given in the pipe schedule shall govern. ' C. CONTRACTOR is responsible for compatibility between pipe materials, fittings and appurtenances. ' 1.07 DELIVERY, STORAGE AND HANDLING A. All items shall be bundled or packaged in such a manner as to provide adequate protection of the ends during transportation to the site. Any pipe damaged in shipment shall be replaced as directed by the ENGINEER. B. PVC items deteriorate in sunlight and are slightly brittle, especially at lower temperatures,so care shall be taken in loading, transporting and unloading items to prevent injury to the items. All items shall be examined before installation and no piece shall be installed which is found to be defective. Handling and installation of pipe and fittings shall be in accordance with the manufacturer's instructions, referenced standards and as specified herein. C. Any pipe or fitting showing a crack or which has received a blow that may have caused an incident fracture, even though no such fracture can be seen, shall be marked as rejected and removed at once from the work. 02662-3 ' D. While stored,pipe shall be adequately supported from below at not more than 3-ft intervals to prevent deformation. The pipe shall be stored in stacks no higher than that given in the following table: Pipe Diameter(inches) Max. No. of Rows Stacked 8 or less 5 12to21 4 24 to 30 3 33 to 48 2 54 and larger 1 E. Pipe and fittings shall be stored in a manner which will keep them at ambient outdoor temperatures and out of the sunlight or delivered to the site so that no pipe is exposed to sunlight for more than 60 days. Temporary shading as required to meet this requirement shall be provided. Simple covering of the pipe and fittings which allows temperature buildup or direct or indirect sunlight will not be permitted. ' F. If any defective item is discovered after it has been installed, it shall be removed and replaced with an exact replacement item in a satisfactory manner by the CONTRACTOR,at the CONTRACTOR's own expense. All pipe and fittings shall ' be thoroughly cleaned before installation and the interior shall be kept clean until testing. ' G. In handling the items, use special devices and methods as required to achieve the results specified herein. No un-cushioned devices shall be used in handling the item. PART2 -PRODUCTS I2.01 PRESSURE POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS 1 A. PVC pressure pipe sized 4-in though 36-in shall conform to the requirements of AWWA C900. All pipe shall be Class 235 with a Dimension Ratio (DR) of 18. Higher pressure class will be furnished if indicated on the drawings. The pipe shall be PVC 1120 made from PVC compounds Class 12454-A or 12454-B as defined in ASTM D1784. Each pipe length shall be marked with the manufacturer's name or trademark, size, material code,pressure class, AWWA designation number and seal of test agency that verified pipe material for potable-water service. B. PVC pipe and fittings shall have bell and spigot push-on joints. The bell shall consist of an integral wall section with a solid cross-section elastomeric gasket securely locked in place to prevent displacement during assembly. Installation of 02662-4 r r elastomeric gasketed joints and performance of the joint shall conform to ASTM F477, ASTM D3139. C. All fittings and accessories for concentrate, water and sewer lines shall have bell and/or spigot configurations compatible with the pipe. D. Fittings shall be PVC and conform to the requirements of AWWA C900. Fittings shall have a dimensional ratio of DR-18 and shall be equal to the pipe barrel and shall incorporate integral elastomeric gasket bell joints. The pressure rating of the fittings shall be equal to the pressure rating of the PVC piping. Fittings shall be marked with nominal size,manufacturer's name,AWWA pressure rating,AWWA standards to which the fitting is made, CS Standard number and handling label. Fittings shall be manufactured with segments of PVC pipe bonded together and wrapped with fiberglass-reinforced polyester to the requirements of AWWA C- 900. Fittings shall be as manufactured by Plastic Trends, Inc. or approved equal. E. All PVC fittings shall be restrained. Restraint for PVC pipe at PVC fittings shall r consist of the following: the restraint shall be manufactured of ductile iron conforming to ASTM A536. A split ring shall be utilized on the PVC fitting bell. A restraint ring, incorporating a plurality of individually-actuating gripping surfaces, shall be used to grip the pipe, and a sufficient number of bolts shall be used to connect the bell ring and the gripping ring. The combination shall have a pressure rating equivalent to the ratings of the pipe. Proper actuation of the gripping r wedges shall be ensured with torque limiting twist off nuts. All wedge assemblies and related parts shall be epoxy coated with a minimum of two coats with heat cure to follow each coat. The coating on the casting bodies shall be a polyester based ' powder electrostatically applied and heat cured. Hardware shall be 316 Stainless Steel. The restraint shall be Series 2500, as manufactured by EBAA Iron, Inc. or approved equal. F. Type of piping service shall be identified by color in accordance with the following. 1. Blue—Potable r 2. Green—Sanitary 3. Purple—Reclaimed Water G. Where restrained joints are shown on the drawings or as required,restraining glands shall be installed. Restraint for PVC pipe at the bell shall consist of the following: The restraint shall be manufactured of ductile iron conforming to ASTM A536. A backup ring shall be used behind the PVC bell. A restraint ring, incorporating a plurality of individually-actuating gripping surfaces, shall be used to grip the pipe, and a sufficient number of bolts shall be used to connect the bell ring and the r gripping ring. All wedge assemblies and related parts shall be epoxy coated with a minimum of two coats with heat cure to follow each coat. The coating on the casting bodies shall be a polyester based powder electrostatically applied and heat r 02662-5 1 ' d. The restraint shall be the Series 2800 as manufactured b EBAA Iron, Inc. cure Y ' or approved equal. 2.02 PVC SEWER PIPE A. PVC sewer pipe shall be SDR-35 and meet the requirements of ASTM D3034 for PVC sewer pipe. Pipe shall be furnished in standard 20 foot lengths. B. The joints for PVC sewer pipe shall be elastomeric gasket joint which will provide a watertight seal. The assembly of the joints shall be in accordance with the pipe manufacturer's recommendations. C. In storing pipe, units shall be protected by dunnage in the same way they were protected while loaded on the truck. If pipe is to be stored outside longer than 15 days, the pipe shall be covered with canvas or other opaque material to protect it from prolonged exposure to the sun. D. Where necessary,transition gaskets shall be furnished and installed where plastic pipe is connected to pipes or fittings of other material. E. Fittings and specials shall meet the requirements of ASTM D3034 for PVC sewer fittings with elastomeric gasket joints which will provide a watertight seal. PART 3 EXECUTION 3.01 INSTALLATION OF PVC PIPE AND FITTINGS A. No single piece of pipe shall be laid unless it is straight. The centerline of the pipe shall not deviate from a straight line drawn between the centers of the openings at the ends of the pipe by more than 1/1 6-in per foot of length. If a piece of pipe fails to meet this requirement check for straightness, it shall be rejected and removed ' from the site. Laying instructions of the manufacturer shall be explicitly followed. B. If any defective pipe is discovered after it has been installed, it shall be removed and replaced with a sound pipe in a satisfactory manner at no additional cost to the OWNER. All pipe and fittings shall be thoroughly cleaned before installation,shall be kept clean until they are used in the work and when laid, shall conform to the lines and grades required. PVC pipe and fittings shall be installed in accordance with requirements of the manufacturer and AWWA C605 or as otherwise provided herein. C. As soon as the excavation is complete to normal grade of the bottom of the trench, bedding shall be placed, compacted and graded to provide firm, uniform and continuous support for the pipe. Bell holes shall be excavated so that only the barrel of the pipe bears upon the bedding. The pipe shall be laid accurately to the lines 02662-6 and grades indicated on the Drawings. Blocking under the pipe will not be permitted. Bedding shall be placed evenly on each side of the pipe to mid-diameter and hand tools shall be used to force the bedding under the haunches of the pipe to give continuous support for the pipe. Bedding shall then be placed to 12-in above the top of the pipe. The initial 3-ft of backfill above the bedding shall be placed in 1-ft layers and carefully compacted. Generally the compaction shall be done evenly on each side of the pipe and compaction equipment shall not be operated directly over the pipe until sufficient backfill has been placed to ensure that such , compaction equipment will not have a damaging effect on the pipe. Equipment used in compacting the initial 3-ft of backfill shall be approved by the pipe manufacturer's representative prior to use. D. All pipes shall be sound and clean before installation. When installation is not in progress, including lunchtime, the open ends of the pipe shall be closed by watertight plug or other approved means. Good alignment shall be preserved during installation. The deflection at joints shall not exceed that recommended by manufacturer. Fittings, in addition to those shown on the Drawings, shall be ' provided, if required, in crossing utilities which may be encountered upon opening the trench. E. When cutting pipe is required, the cutting shall be done by machine, leaving a M smooth cut at right angles to the axis of the pipe. Cut ends of pipe to be used with a bell shall be beveled to conform to the manufactured spigot end. F. The ENGINEER may examine each bell and spigot end to determine whether any preformed joint has been damaged prior to installation. Any pipe having defective ' joint surfaces shall be rejected,marked as such and immediately removed from the job site. G. Each length of the pipe shall have the assembly mark aligned with the pipe previously laid and held securely until enough backfill has been placed to hold the pipe in place. Joints shall not be"pulled" or"cramped". ' H. Before any joint is made, the pipe shall be checked to assure that a close joint with the next adjoining pipe has been maintained and that the inverts are matched and conform to the required grade. The pipe shall not be driven down to grade by ' striking it. I. Precautions shall be taken to prevent flotation of the pipe in the trench. J. When moveable trench bracing such as trench boxes, moveable sheeting, shoring or plates are used to support the sides of the trench, care shall be taken in placing and moving the boxes or supporting bracing to prevent movement of the pipe, or disturbance of the pipe bedding and the backfill. Trench boxes, movable sheeting, shoring or plates shall not be allowed to extend below top of the pipe. As trench boxes, moveable sheeting, shoring or plates are moved, pipe bedding shall be 02662-7 laced to fill an voids created and the backfill shall be recom acted to provide p Y p uniform side support for the pipe. K. Concrete thrust blocks shall only be installed at all fittings and other locations as directed by the ENGINEER. Minimum bearing area shall be as shown on the Drawings. Concrete shall be placed against undisturbed material and shall not cover joints,bolts,or nuts,or interfere with the removal of any joint. Wooden side forms shall be provided for thrust blocks. iL. Restrained joints shall be installed where shown on the Drawings. M. A single, continuous #6 AWG solid copper wire with green insulation shall be installed on top of the PVC pipe installed via open cut methods. No in-line connectors shall be allowed. 3.02 JOINTING PVC PIPE (Push-on type) A. Joints shall be made in strict accordance with the manufacturer's instructions. Pipe shall be laid with bell ends looking ahead. A rubber gasket shall be inserted in the groove of the bell end of the pipe and the joint surfaces cleaned and lubricated. The plain end of the pipe to be entered shall then be inserted in alignment with the bell of the pipe to which it is to be joined and pushed home with a come-along or by other means. Check that the reference mark on the spigot end is flush with the end of the bell. 3.03 JOINTING MECHANICAL JOINT FITTINGS ' A. Mechanical joints at valves and where designated shall be in accordance with the AWWA CI I I and the instructions of the manufacturer. PVC beveled spigot shall 1 be cut and/or chamfered prior to insertion in mechanical joint segment of butterfly valves or other component. Modify pipe end and connect pipe to valves and other mechanical joints in strict conformance with the manufacturer's instructions. To assemble the joints in the field, thoroughly clean the joint surfaces and rubber gasket with soapy water before tightening the bolts. Bolts shall be tight to the specified torques. Under no condition shall extension wrenches or pipe over handle of ordinary ratchet wrench be used to secure greater leverage. 3.04 TESTING (PRESSURE PIPELINE) A. Furnish a filling, flushing,disinfection and testing plan that meets the requirements of the Owner and AWWA C651. B. Furnish all necessary equipment and labor for carrying out a pressure test and leakage test on the pipelines. The procedures and method for carrying out the pressure and leakage tests shall be approved by the ENGINEER. 02662-8 i C. Make any taps and furnish all necessary caps,plugs,etc,as required in conjunction with testing a portion of the pipe between valves. Furnish a test pump, gages and any other equipment required in conjunction with carrying out the hydrostatic tests. D. All pipelines shall be subjected to a hydrostatic pressure of 150 percent of the design operation pressure or 150 psi whichever is greater, except that in no case shall test pressure exceed the design pressure rating of the pipe, fittings and thrust restraints and this pressure maintained for at least 2 hours. The leakage test shall ' be conducted at the maximum operating pressure as determined by the ENGINEER and this pressure shall be maintained for at least 2 hours during the tests. Hydrant branch gate valves shall remain open during this test. The amount of leakage which will be permitted shall be in accordance with the requirements of the Village of Tequesta and AWWA C605. END OF SECTION 02662-9 ' SECTION 02666 1 DUCTILE IRON PIPE PART 1 -GENERAL 1.01 PERFORMANCE A. Section generally defines contractor's responsibilities unless otherwise indicated, for the following: 1. Ductile Iron Pipe (DIP) 1.02 RELATED SECTIONS A. All of Division 1. B. Section 02000—Utility Construction C. Section 02225 - Trenching, Bedding, and Backfill for Pipe D. Section 02660 - Pipe and Fittings -General. E. Section 02668 - Fittings, Valves and Appurtenances. F. Appendices 1.03 REFERENCES ' A. ANSUAWWA C104/A21.4 (Latest Revision) - Cement mortar lining for ductile iron pipe and fittings for water. 1 B. ANSUAWWA CIII/A21.11 (Latest Revision) - Rubber gasket joints for ductile iron and grey iron pressure pipe and fittings. C. ANSUAWWA CI 15/A21.15 (Latest Revision)-Flanged ductile iron and grey iron Ipipe with threaded flanges. D. ANSUAWWA C151/A21.51 (Latest Revision) - Ductile iron pipe, centrifugally cast in metal molds or sand lined molds for water and other liquids. E. ANSUAWWA C600(Latest Revision)-Installation of ductile iron water mains and appurtenances. PART 2 -PRODUCTS 2.01 MATERIALS A. PIPE: 1. Ductile iron pipe shall be designed in accordance with the requirements of ANSUAWWA A21.51/C151 as applicable, and the supplemental requirements of this section. 02666-1 1 1 2. Ductile iron pipe shall be Pressure Class 51 for sizes up to and including 12 inch and Pressure Class 350 for pipe sizes larger than 12 inch and shall conform to ANSI A21.51 and AWWA C-151. 3. Ductile iron pipe shall be of the diameter shown on the plans. , 4. Ductile iron pipe shall be furnished complete with rubber gaskets or restraint gaskets where applicable. 5. Ductile iron pipe shall be supplied in lengths not less than 18 feet, having rubber ring type push-on joints, standard mechanical joints, restrained joints, threaded flanges, or ball joints as shown on the contract documents. ' B. COATING AND LININGS: 1. Exterior of buried pipe shall have factory applied bituminous coating, coal , tar varnish or asphalt base paint, minimum one-mil thick. 2. Interiors of water and reclaimed water mains shall be cement lined. ' Interiors of sewer mains shall be Protecto 401 or polyethylene lined. Repair kits shall be provided for repairing any damaged lining as no additional costs to the OWNER. 3. CONTRACTOR shall coat any edges of field-cut DIP with an approved bituminous coating. C. JOINTS: 1. Joints in straight "Runs" of buried pipe shall be push-on with mechanical ' joints at fittings unless indicated otherwise on the Contract Documents. Pipe restraints shall be in accordance with Section 02668 and as shown on the drawings and specified herein. D. FLANGED PIPE: 1. Flanged pipe shall have threaded flanges with bolts and gaskets appropriate to the service use and maximum working pressure of the pipe. 2. All flanges shall be ductile iron. PART 3 -EXECUTION NOT USED END OF SECTION 02666-2 j ' SECTION 02668 ' FITTINGS, VALVES AND APPURTENANCES PART 1 -GENERAL 1 1.01 PERFORMANCE A. This Section generally defines CONTRACTOR's responsibilities unless otherwise indicated, for the following: 1. Buried Fittings. 2. Buried Gate Valves. 3. Valve Boxes. 4. Buried Air Release Valves. ' 5. Restrained Mechanical Joints. B. All new materials shall adhere to the 2014 Environmental Protection Agency(EPA) standards for lead free brass. ' 1.02 RELATED SECTIONS ' A. All of Division 1. B. Section 02000—Utility Construction. C. Section 02225 - Trenching, Bedding and Backfill for Pipe. D. Section 02660 - Pipe and Fittings- General. E. Appendices. 1.03 REFERENCES I A. ANSUAWWA C 104/A21.4,Latest Revision-Cement mortar lining for ductile iron pipe and fittings for water. B. ANSUAWWA C110/A21.10, Latest Revision - Ductile Iron and grey iron fittings three (3) inch through 48 inch for water and other liquids. 02668-1 C. ANSI/AWWA C111/A21.11, Latest Revision - Rubber gasket joints for ductile iron and grey iron pressure pipe and fittings. D. ANSI/AWWA C600, Latest Revision-Installation of Ductile Iron water mains and appurtenances. E. ANSI/AWWA C153/A21.53, Latest Revision—Ductile Iron Compact Fittings for Water Service. PART 2 -PRODUCTS 2.01 MATERIALS A. Buried Fittings (4 inches and larger) 1. Mechanical joint fittings to be Compact Ductile Iron(Class 350 AWWA C- ' 153 only). Buried flange fittings shall have the same interior and exterior coatings as buried mechanical joint fittings. 2. Exterior of below grade fittings shall have factory applied bituminous ' coating, coal tar varnish or asphalt base paint, minimum one-mil thick. 3. Interior of fittings shall be cement lined. 4. CONTRACTOR shall submit a Certificate of Quality Assurance Form from , the pipe supplier who applied the coating system that notes, at a minimum, the surface preparation,the DFT in mils of the first and second coat,the final DFT in mils, and proof of holiday testing at 2,000 Volts minimum. B. Buried Gate Valves 1. Gate valves 2" and larger shall be gray or ductile iron body, conforming to AWWA C509 or C515, with mechanical joints or flanged ends, and shall be equipped with a 2"square gray or ductile iron wrench nut. 2. The stem shall be non-rising type for underground installation. 3. Gate valves shall be resilient wedge type and meet the following provisions: a. The wedge shall be of ductile or gray iron, fully encapsulated with EPDM rubber, including the glide path. b. The gland flange shall be ductile iron for maximum strength. C. The stem material shall be 316 stainless steel with yield strength of 02668-2 40,000 psi. id. Valve body, bonnet, and gland flange shall have an electrostatic applied, fusion-bonded epoxy coating internally and externally, a minimum of 8 mils thick. The coating shall meet or exceed the requirements of the AWWA C550. Coating shall be applied at the valve manufacturer's facilities. ' e. All bolts, nuts, and washers shall be stainless steel to limit exterior corrosion and maintain fastener strength. Manufacturer shall use a lubricant during assembly of bolt and nut sets to prevent galling of similar metals. f. Valves shall be rated for 250 psi working pressure. All valves shall 1 have pressure tests performed to the requirements of AWWA C509 or C515 specifications, as applicable, prior to shipment from the manufacturer. ' g. Valves shall be covered by a Manufacturer's 10-year Limited Warranty from date of purchase by the end user. ' h. Gate valves shall be as manufactured by DeZurik, Pratt or Equal. i. Valves shall be provided with a box cast in a slab and a box cover. C. Valve Boxes 1. Units shall be adjustable, cast iron, two-piece screw-type with minimum interior diameter of 5" with covers cast with the applicable inscription in ' legible lettering on the top -"SEWER", "RECLAIM" or "WATER". Boxes shall be of heavy-duty construction for traffic loading. Extension pieces, if required, shall be the manufacturer's standard screw-type for use with the valve box. Bolt down covers shall be provided when specified in the plans. 2. The top side of valve box cover and the inside of the top section of the valve 1 box shall be painted blue for water mains,green for sewer mains and purple for reclaimed water mains. 3. Valve boxes shall be provided with concrete base and valve nameplate with suitable anchors for casting flush into concrete. Nameplate shall be 3" diameter bronze disk. Information on disk shall be of specific valve type, size, direction and number of turns, and schematic of facilities. The brass disc shall be set into wet concrete to be flush with the pad. Discs that have been drilled in and set with epoxy will not be accepted. All water valve locations are to be marked by a blue RPM, wastewater valves by a green RPM, and reclaimed water are to be marked by a purple RPM. 02668-3 4. A valve box alignment device shall be used to eliminate the shifting of the valve box against the operating nut. 5. The tops of valve boxes shall be set to the required grade. Any valve box that becomes out of alignment or is not to grade shall be dug out and adjusted. 6. The valve box shall not transmit surface loads directly to either the pipe or I valve. Care shall be taken to prevent earth and other material from entering the valve boxes. , D. Buried Air Release Valves 1. The air release valves shall be installed as shown on the drawings and shall be the manual type in conformance with the Drawings. 2. Air release valve fittings shall be threaded. ' E. Restrained Mechanical Joint Devices 1. Restrained mechanical joint devices for nominal pipe sizes 3 inch through f 48 inch shall consist of multiple gripping wedges incorporated into a follower gland meeting the applicable requirements of ANSUAWWA C110/A21.10. Restraint devices shall be Listed by Underwriters Laboratories(3 inch through 24 inch size)and Approved by Factory Mutual (3 inch through 12 inch size). 2. Restraints shall be made of ASTM A536 ductile iron. Fasteners shall be Cor-Ten steel painted in accordance the Authority's specifications. ' Fasteners at the wellhead shall be 316 stainless steel. 3. Restrained mechanical joint glands shall be Megalugs as manufactured by Ebaa Iron or One Loks as manufactured by Sigma. F. Water Service Meter Boxes 1. Enclosures shall be I P x 18" straight walled, 12" tall with mouseholes. 2. Access covers shall be solid(no reader lid) with single AMR hole. 3. Water service meter boxes shall be manufactured by GlasMasters, or approved equal. 02668-4 1 PART 3 -EXECUTION ' NOT USED END OF SECTION 02668-5 1 1 SECTION 02740 ASPHALT CONCRETE PAVING , PART I -GENERAL 1.01 SCOPE A. The work shall consist of furnishing all materials, labor and equipment for compacting subgrade, constructing a base course, priming the base course and constructing an asphaltic concrete surface course as specified ' on the plans. 1.02 SUBMITTALS See Section 01300 - Submittals. 1.03 MATERIAL CERTIFICATES A. Provide copies of material certificates signed by material producer and ' CONTRACTOR, certifying that each material item complies with, or exceeds, specified requirements. B. The CONTRACTOR shall provide the ENGINEER and the OWNER the name, location(s) of all imported soil and aggregate materials. CONTRACTOR shall also provide particle size analysis/grading analysis ' for these materials. 1.04 CODE COMPLIANCE A. Comply with the applicable sections of the "State of Florida Department of Transportation's (FDOT) Standard Specifications for Road and Bridge Construction". PART 2 - PRODUCTS 2.01 GENERAL ' A. All materials furnished hereunder shall comply with the applicable sections of the Florida Department of Transportation's (FDOT) "Standard Specifications for Road and Bridge Construction" current edition which are hereby incorporated into these specifications by reference. 2.02 MATERIALS A. General: Use locally available materials and gradations which exhibit a satisfactory record of previous installations. 02740-1 B. Subgrade Stabilizing Material: Stabilization per FDOT Section 160. C. Base Course: The base course shall be constructed with either one of the following materials. 1. Limerock Base Course. FDOT Section 911, for on-site pavement and for all pavement within the right-of-way of County Roads. Limerock shall have a minimum LBR of 100 and shall be mined from an FDOT approved source. 2. Cemented Coquina Shell Base: FDOT Section 911, for on-site pavement. [ D. Asphaltic Concrete: Comply with FDOT Section 330 requirements and Section 334 for Superpave Asphalt. E. Prime and Tack Coats: FDOT Section 300. PART 3 - EXECUTION 3.01 GENERAL A. All operations hereunder shall adhere to the requirements of the Florida Department of Transportation for construction within the rights-of-way and FDOT's "Standard Specifications" above and particularly with the following sections. ' B. All asphalt shall be replaced to match existing conditions, thickness, and type. The bid price will cover any additional work need at no additional cost to the OWNER and shall be done to the satisfaction of the OWNER, ENGINEER, and permit ' authorities. If the thickness is unknown, it shall be assumed all asphalt surfaces to be replaced are 2.5 to 3.0 inches thick. 3.02 PAVEMENT REMOVAL A. Remove existing pavement by saw cutting on a straight line at a 90-degree angle with the pavement surface. 3.03 PAVEMENT INSTALLATION A. Stabilized subgrade shall have a minimum LBR of 40, and minimum densities shall be 98% of maximum dry density as determined by the AASHTO T-180 method D. Materials, construction methods, and testing shall conform to FDOT specifications Section 160 Stabilization and shall be paid for as part of the work under this section. !* B. Base course shall consist of Limerock or cemented coquina with a minimum LBR of 100. After compaction, the base shall have a density that is 98% of maximum dry density as determined by the AASHTO T-180 method. Materials, construction IR methods, and testing shall conform to FDOT specifications Section 200 for the base 02740-2 I I material used. This base course shall be used for all paving on the project. C. Asphalt wearing surface for paved areas shall consist of SP-9.5 or SP-12.5 asphaltic concrete. The asphaltic wearing surface must be placed on an adequately compacted and unyielding base course. Materials, construction methods, and testing shall conform to FDOT specifications Section 334. D. Pavement Markings: FDOT Sections 710 and 711. 3.04 TESTING A. In proposed roadway restoration and driveways, a minimum frequency of one in- ' place density test for each driveway or 2,500 sq. ft. of area shall be used. Each 12" lift of fill, as well as the stabilized subgrade (where applicable) and base shall be ' tested at this frequency. B. Additional tests may be required for the driveway construction or at more frequent ' intervals if deemed necessary by the ENGINEER. END OF SECTION , 02740-3 i SECTION 02846 PAVEMENT MARKING AND SIGNAGE "- PART 1 -GENERAL 1.01 SECTION INCLUDES A. Painting reflectorized traffic striping and markings (in accordance with FDOT Specifications, Section 710). iB. Placing thermoplastic traffic striping and markings (in accordance with FDOT Specifications, Section 711). C. Reflective pavement markers(in accordance with FDOT Specifications,Section 706). D. Providing Signage(signs in accordance with FDOT Specifications, Section 700). 1.02 REFERENCES ' A. Florida Department of Transportation—Standard Specifications for Road and Bridge Construction, Latest Revision, herein after referred to as the FDOT Specification. This Document must be onsite during the Work. B. Manual on Uniform Traffic Control Devices for Streets and Highways. PART 2-PRODUCTS 2.01 MATERIALS A. Reflective Traffic Paint: In accordance with Sections 971-12 and 971-14 of the FDOT ' Specifications. B. Thermoplastic Traffic Stripes and Markings: In accordance with Section 711-2 of the 1 FDOT Specifications with the exception that only an alkyd resin type be used. C. Reflective Pavement Markers: In accordance with Section 706-2 of the FDOT Specifications. D. Sign Assemblies: In accordance with Sections 700-2 and 700-3 of the FDOT Specifications. 2.02 EQUIPMENT A. In accordance with the following FDOT Specifications: Section 710-3 for reflective paint and Section 711-3 for thermoplastic compounds with the exception that ' thermoplastic be applied utilizing extrusion equipment only. 02846-1 r PART 3-EXECUTION 3.01 PREPARATION A. CONTRACTOR shall establish the necessary tack points and other controls for alignment of the stripes. B. Tolerances in dimensions and alignment shall be in accordance with MOT Specification 710-5. C. CONTRACTOR shall comply with Sections 700-4, 700-5, 700-6 and 700-7 of the r MOT Specifications prior to installing the signs. 3.02 APPLICATION AND INTALLATION r A. Apply reflective paint in accordance with MOT Specification 710-4. B. Apply thermoplastic compounds in accordance with MOT Specification 711-4 with r the exception that the minimum dry film thickness in traffic wearing areas be 92 mils and the minimum dry film thickness in non traffic wearing areas be 60 mils. ' C. Apply reflective pavement markers in accordance with Sections 706 of the MOT Specifications. D. Install signs in accordance with Sections 700-8 and 700-9 of the MOT Specifications. 3.03 FIELD QUALITY CONTROL A. All Work under this Section which fails to meet the Specifications, including the ' permissible tolerances and the appearance requirements,or are marred or damaged by traffic or from other cause, shall be corrected to the approval of the ENGINEER by the CONTRACTOR and at no additional expense to the OWNER. 3.04 PROTECTION A. Protection of newly painted stripes and markings shall be in accordance with MOT Specification Section 710-7,and shall be at no additional expense to the OWNER. END OF SECTION ' r r 02846-2 r ' SECTION 02936 ' SODDING ' PART 1 -GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise ' indicated for the following: 1. Preparation of subsoil. i2. Placing topsoil. 3. Fertilizing. 4. Sod installation. 5. Maintenance. ' 1.02 RELATED SECTIONS A. All of Division 1. ' B. Section 02210—Grading. 1.03 REFERENCES A. FDOT - Florida Department of Transportation - Standard Specifications for Road and Bridge—Latest Edition. 1.04 QUALITY ASSURANCE A. Sod Producer: Company specializing in sod production and harvesting with a minimum five years of experience and certified by the State of Florida. ' B. Installer: Company approved by the sod producer. C. Sod: Minimum age of 18 months,with root development that will support its own weight, without tearing, when suspended vertically by holding the upper two (2) corners. ID. Submit sod certification for grass species and location of sod source. 02936-1 E. The ENGINEER reserves the right to test, reject or approve all materials before application. , 1.05 REGULATORY REQUIREMENTS A. Comply with regulatory agencies for fertilizer. ' 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01600 — Material and Equipment. , B. Store and protect products under provisions of Section 01600 - Material and Equipment. ' C. Deliver sod on pallets. Protect exposed roots from dehydration. D. Do not deliver more sod than can be laid within 48 hours. E. Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of manufacturer. F. The CONTRACTOR shall furnish the ENGINEER invoices of all materials received in order that the minimum application rate of materials may be determined. 1.07 MAINTENANCE SERVICE A. Maintain sodded areas immediately after placement until grass is well established and exhibits a vigorous growing condition. PART 2 -PRODUCTS 2.01 MATERIALS A. Sod: i 1. Sod shall be ASPA approved grade, Argentine Bahia, Tifton Bermuda, Floritam, or St. Augustine to match existing or better as directed,with firm ' texture having a compacted growth and good root development. 2. Sod shall be absolutely true to varietal type, and free from weeds or other objectionable vegetation, fungus, insects and disease of any kind. 3. Cut sod in area not exceeding 24 inches by 24 inches with minimum one(1) inch and maximum three (3) inch of topsoil base. 02936-2 1 4. The sod shall be planted as soon as possible after being harvested and shall 1 be shaded and kept moist from the time of harvesting to the time it is planted. ' B. Topsoil: 1. Excavated from site and free of weeds. ' 2. Topsoil to be minimum three (3) inches thick. 1 C. Fertilizer: 1. In accordance with FDOT 982-1. ! D. Water: 1. Clean, fresh, and free of substances or matter,which could inhibit vigorous growth of grass. 1 PART 3 -EXECUTION 1 3.01 INSPECTION A. Verify that prepared subsoil is ready to receive the work of this Section. 1 3.02 FERTILIZING A. Apply fertilizer in accordance with manufacturer's instructions. B. Apply after smooth raking of topsoil and prior to installation of sod. 1 C. Apply fertilizer no more than 48 hours before laying sod. 1 D. Mix thoroughly into upper two(2) inches of topsoil. E. Lightly water to aid the dissipation of fertilizer. ! 3.03 LAYING SOD 1 A. Moisten prepared surface immediately prior to laying sod. B. Lay sod tight with no open joints visible, and no overlapping; stagger end joints 12 ! inches minimum. Do not stretch or overlap sod pieces. C. Stake sod with 1 x2 stakes on all areas with slopes greater than one (1) vertical to 02936-3 five (5) horizontal. D. Coordinate sod installation with irrigation system components. 3.04 MAINTENANCE , A. Water to prevent grass and soil from drying out. B. Immediately replace sod in areas, which show deterioration or bare spots. ' 3.05 APPROXIMATE AREA TO BE SODDED A. All construction areas disturbed by construction of the project except those areas receiving pavement, rock, or concrete. CONTRACTOR is to take into account his ' anticipated ditch width and pit sizes at the surface when accounting for the cost of this work. END OF SECTION ' 02936-4 SECTION 02937 SHRUBBERY & TREES 1 -PART ENERAL G 1.01 —PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated for the following: 1. Shrubbery and Tree installation and maintenance during the contract period. 2. Warranties. 1.02 RELATED SECTIONS A. All of Division 1 —General Requirements. B. Section 02210—Grading. C. Section 02225 -Trenching, Bedding and Backfill for Pipe. 1.03 QUANTITIES, LOCATIONS AND SUBSTITUTIONS A. The ENGINEER reserves the right to adjust the number and locations of the designated types and species of plants or trees to be used at any of the locations shown. No substitution of plant or tree material types, specifications or sizes will be permitted without written authorization from the ENGINEER. The OWNER and/or ENGINEER reserve the right to not accept plant or tree material that does not, in the opinion of the OWNER and/or ENGINEER, meet the specifications herein. 1.04 WARRANTY A. Warrant all plant material for a period of two (2) years from the date of final acceptance against death and unhealthy condition. The warranty for all relocated or new trees shall be for a period of two(2)years from the date of final acceptance against death and unhealthy condition. Replacements shall be made with compatible size and quality of material at a time requested by or acceptable to the OWNER or ENGINEER. Any material rejected during the course of construction shall be removed within five (5) working days and replaced before the final inspection will be scheduled. Warranty on replacement plants shall be 90 days from the date of final acceptance of the replacements. Warranty on replacement trees ' 02937-1 shall be two (2) years from the date of final acceptance of the replacement trees. Any damage to graded or seeded areas created during replacement of plant material or trees shall be corrected by the CONTRACTOR. PART 2 - PRODUCTS 2.01 PLANT MATERIALS A. Provide sizes and specifications of plants and trees the same as those to be removed and replaced or as shown on plans. All shrubs and trees shall conform to the stand of Florida No. 1 or better as given the latest edition of Grades and Standards for Nursery Plants by Florida Department of Agriculture, Part I and II. Plant material shall also conform to the American Association of Nurserymen, Inc. (ANSI) Bulletin Z60.1 1009 and as revised. 2.02 FERTILIZER A. Fertilize trees, shrubs and ground covers with "Milorganite" or an approved complete fertilizer. Provide fertilizer uniform in composition, dry, and in a free flowing condition for application by suitable equipment, and deliver in unopened bags or containers, each fully labeled. 2.03 SUPER ABSORBENT POLYMER A. Utilize "Terra Sorb" or an approved equal as packaged in three (3)ounces, "Handy Pac" composed of synthetic acrylamide polymer, potassium, and acrylate. The polymer shall have a particle size of 1.0mm to 3.0mm and a water absorption rate of 300 times its own weight. 2.04 BACKFILL MIXTURE A. The backfill mixture shall consist of equal parts, by volume of, sand, topsoil and peat humus. B. Sand shall be clean, salt free, and contain no extraneous matter. C. Topsoil shall be friable fertile soil with representative characteristics of area soils. It should be free of heavy clay,silt,stone,excess lime,shell rock,plant spots,debris or other foreign matter. It shall not contain noxious plant growth(such as Bermuda, Torpedo, or Nut Grass). It shall test between the pH range of 5.0 to 7.0 unless otherwise specified and contain no toxic residue or substance that would endanger plant growth. If topsoil is not available on site, it shall be imported from local sources having soil characteristics similar to those found at the project site. Obtain topsoil only from naturally, well-drained sites where topsoil occurs in a depth of less than four(4) inches. 02937-2 D. Peat humus shall be p decomposed eat with no identifiable fibers, or if available, p muck may be substituted and shall be free from stones, excessive plant roots,debris or other foreign matter. Muck shall not be overly saturated with water. PART 3 -EXECUTION 3.01 WEEDS A. Prior to the installation of shrubs and trees,the planting area shall be free of weeds, grass, sod,debris,rocks or other materials, which would make the site unplantable. For final acceptance, the planted area shall be free of weeds. 3.02 FERTILIZATION A. Apply "Milorganite" fertilizer to the backfill mixture at '/2 cup of fertilizer per each three gallons of backfill(or as recommended),completely mix the fertilizer into the backfill. 3.03 POLYMER APPLICATION A. Apply "Terra Sorb" polymer to the backfill mixture at one (1) pack (3 ounces) of polymer per each 20 gallons of backfill. Completely mix the polymer into the ' backfill. 3.04 PLANTING A. Shrubs and trees to be transplanted shall carefully be removed from their existing location without damaging the root system or the shrub or tree. Transplant shrub or tree as soon as possible after removal. If it is not feasible to immediately transplant, provide adequate conditions to maintain healthy condition during temporary storage. New shrubs shall match existing in size and type. B. Excavate pits or trench to one and one-half (1'/z) times diameter of balls or containers, and three (3) inches deeper than required for positioning at proper height. Compact a layer of backfill mixture in bottom before placing shrubs. Container grown materials shall be planted within 48 hours after delivery to site. Place shrub and tree in pit and backfill around shrubs or trees with backfill mixture, compacted to eliminate voids and air pockets. Water thoroughly as layers are placed. Form a three (3) inches high berm of soil beyond the edges of excavation. Apply fertilizer and polymer as specified and then mulch with the type and thickness specified on the drawings. Place mulch if previously existed to match pre-construction conditions. C. Provide necessary stakes, guys and supports to properly support trees as required until solid root system is established. 02937-3 D. Prune shrubs and trees to remove damaged branches, improve natural shape, thin out and structure. Remove no more than 15 percent of branches. 3.05 GRADING A. The CONTRACTOR shall coordinate the installation and grading of topsoil to ensure the site is at finish grade prior to installing shrubs. 3.06 MAINTENANCE A. Maintenance and general clean up shall be performed daily. Maintenance shall , include, but not be limited to, watering, weeding, cultivating, restoration of grade, removal of litter,mowing,pruning,resetting settled plants,removing, repairing, or replacing stakes and guys, protection from insects and diseases, fertilization and similar operations as needed to ensure normal growth and healthy plant and tree material. Maintenance shall begin after each plant is planted and shall continue for a minimum of 90 days from the date of final acceptance. END OF SECTION r 02937-4 _. ..,.... ... r'b.,,f .....-._. ._ :_ - �l.v� -:{ta ,.>•..¢ �F w i!.'�.3 e.. 4.,.... u DIVISION 3 CONCRETE WORK SECTION 03300 CONCRETE WORK , PART 1 -GENERAL 1.1 DESCRIPTION OF WORK ' A. This Section includes all cast-in-place, steel reinforced and pre-cast concrete work as shown on the drawings and described within these specifications. , B. The CONTRACTOR shall furnish all labor, materials, equipment and incidentals required to perform all cast-in-place concrete work, complete and in place. 1.2 QUALITY ASSURANCE A. Codes and Standards: Comply with the provisions of the following codes, ' specifications and standards, except where more stringent requirements are shown or specified: , B. ACI 301 "Specifications for Structural Concrete for Buildings". C. ACI 318 "Building Code Requirements for Reinforced Concrete". D. ACI 347 "Recommended Practice for Concrete Formwork". , E. Concrete Reinforcing Steel Institute, "Manual of Standard Practice". F. Workmanship: The CONTRACTOR is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances,and finishes. Correct deficient concrete as directed by the ENGINEER. , G. Concrete Testing Service: CONTRACTOR shall employ a testing laboratory for material evaluation tests and to perform sampling and testing of concrete during ' placement. OWNER will pay for passing tests and CONTRACTOR pays for failing tests. H. Tests,not specifically indicated to be done at the OWNER'S expense, including the , retesting of rejected materials and installed work, shall be done at the CONTRACTOR's expense. I. Quality Control Testing During Construction: 1. Testing laboratory shall sample and test concrete for quality control during the placement of concrete as required by the drawings and specifications. 03300-1 r 1 ' 2. Test results will be reported in writing to the ENGINEER and the CONTRACTOR on the same day that tests are made. ' 3. Additional Tests: The testing service will make additional tests of in-place concrete when test results indicate the specified concrete strengths and other characteristics have not been attained in the structure, as directed by the ' ENGINEER. The testing service may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C-42, or by other methods as directed. CONTRACTOR shall pay for such tests conducted, and any other additional testing as may be required, when unacceptable ' concrete is verified. PART 2 -PRODUCTS 2.1 FORM MATERIALS ' A. Forms: Unless otherwise shown or specified, construct formwork for exposed concrete surfaces with plywood, metal, metal-framed plywood faced or other ' acceptable panel type materials, to provide continuous, straight, smooth, exposed surfaces. ' B. For Coatings: Provide commercial formulation form coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces to be cured with water or curing 1 compound. 2.2 REINFORCING MATERIALS A. Reinforcing Bar: ASTM A-615, Grade 60 deformed, free from oil, scale and rust and placed in accordance with the typical bending diagram and placing details of ' ACI standards and specifications. B. Steel Wire: ASTM A-82, plain, cold-drawn steel, free from oil, scale and rust and ' placed in accordance with the typical placing details of ACI standards and specifications. Minimum lap shall be one space plus two inches. ' C. Welded Wire Fabric: ASTM A-185, flat mat welded steel wire fabric. D. Supports for Reinforcement: Use wire bar type supports complying with CRSI ' recommendations, unless otherwise indicated. Wood, brick and other devices will not be acceptable. 03300-2 r r 2.3 CONCRETE MATERIALS A. Portland Cement: ASTM C-150, Type If unless otherwise acceptable to r ENGINEER. B. Normal Weight Aggregates: ASTM C-33, and as herein specified. Provide , aggregates from a single source for all exposed concrete. C. Fine Aggregate: Clean, sharp, natural sand free from loam, clay, lumps or other r deleterious substances. D. Maximum Aggregate Size: Not larger than one(1)inch nor three-fourths(3/4)of the , minimum clear spacing between individual reinforcing bars or bundles of bars, except when approved otherwise by ENGINEER. r E. Water: Clean, fresh, and potable. F. Air-Entraining Admixture: ASTM C-260. r G. Calcium Chloride: Calcium chloride for admixtures shall not be permitted. , H. Moisture Barrier: Polyethylene sheet not less than six(6)mils thick,ASTM E-154. 1. Moisture Retaining Cover: One of the following complying with ASTM C-171. ' 1. Waterproof paper. r 2. Polyethylene film. 3. Polyethylene coated burlap. ' J. Membrane Forming Curing Compound: ASTM C-309 clear, unless other type , acceptable to the ENGINEER. K. Curing and Sealing Type: (For Horizontal Surfaces) r 1. Dress and Seal: L & M Construction Chemicals. 2. Super Floor Coat: The Euclid Chemical Co. r 3. Masterseal 66: Master Builders. ' 4. DeKote 800: W.R. Grace& Co. 5. Kure-N-Seal 0800: Sonneborn/Contech. r 1 03300-3 1 L. Moisture Barrier: Provide six (6) mil polyethylene sheet, resistant to decay when tested in accordance with ASTM E-154. 2.4 PROPORTIONING AND DESIGN OF MIXES ' A. Concrete shall be an approved mix design proportions to achieve a strength at 28 days of 3,000 psi, or as otherwise specified,with a plastic and workable mix. ' B. Prepare design mixes for each type and strength of concrete in accordance with applicable provisions of ASTM C-94. ' C. Proportion mixes by either laboratory trial batch or field experience methods,using materials to be employed on the project for each class of concrete required, complying with ACI 211.1. ' D. Submit written reports to the ENGINEER of each proposed mix for each class of concrete at least 15 days prior to start of work. A number or code unique to that ' mix shall identify each mix design. E. Design mixes to provide normal weight concrete with the 28-day psi compressive strength as indicated on drawings and within these specifications. F. Admixtures: Use air entraining admixture in all exterior exposed concrete, unless ' otherwise indicated. Add air entraining admixture at the Manufacturer's prescribed rate to result in concrete at the point of placement having air content within the following limits: ' 1. All concrete three(3)percent to five (5)percent unless otherwise approved by ENGINEER. ' G. Use admixtures for water reducing and set control (with written permission of ENGINEER). ' 2.5 CONCRETE MIXING A. Ready-Mix Concrete: Comply with the requirements of ASTM C-94 and as herein specified. ' 2.6 CONCRETE TESTING A. An independent testing laboratory shall perform the following tests on cast-in-place concrete. 1. Standard Test Method for slump of Portland Cement concrete in accordance to ASTM C143. 03300-4 1 2. Standard Test Method for compressive strength of cylindrical concrete specimens in accordance to ASTM C39. ' B. A separate test shall be conducted for each class of concrete and for every 50 cubic yards (or fraction thereof), placed per day. ' C. Required cylinder(s) quantities and test age are as follows: 1. 1 at 7 days. , 2. 2 at 28 days. ' 3. 1 hold cylinder. 2.7 CHEMICAL ANCHORS ' A. Chemical anchors shall be an epoxy polymer injection system, installed in ' accordance with the Manufacturer's instructions. Installers shall be trained by the Manufacturer's representative. 2.8 PRE-MOLDED EXPANSION JOINT MATERIAL AND SEALANT A. Sealant material shall be Sonolastic NP-1 or Sikaflex-15 LM, or approved equal. ' Apply in strict conformance to manufacturer's instructions. Maximum depth, ''/2- inch. B. Expansion joint material shall be resilient, non-extruding type premolded t impregnated fiberboard complying with ASTM D-1751, FSHN-F-341, Type I and AASHTO M213. ' C. Plumbing sleeves: Minimum sleeve spacing shall be two (2) diameters, center to center of the larger sleeve or six (6) inches clear between sleeves, whichever is ' greater. 2.9 GROUT FOR ABANDONMENT OF PIPING , A. Grout shall be made with Type II Portland Cement, masonry sand, properly sized clean aggregate and potable water. In no case shall local on-site sand/dirt,rock or ' stones or non-potable water be utilized. PART 3 -EXECUTION 3.1 GENERAL A. Construct forms complying with ACI 347 to sizes, shapes, lines, and dimensions 03300-5 shown and to obtain accurate alignment, location, grades, level, and plumb work in ' finished structures. B. Unless otherwise shown, Chamfer exposed corners and edges 3/4-inches, using ' wood,metal, PVC, or rubber chamfer strips fabricated to produce uniform smooth lines and tight edge joints. C. Form Ties: Factory fabricated, adjustable length,removable or snap off metal form ' ties, designed to prevent form deflection, and to prevent spalling concrete surfaces upon removal. ' 3.2 PLACING REINFORCEMENT A. Accurately position, support and secure reinforcement against displacement by ' formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers, and hangers, as required. Comply with ACI 301 and 318. ' 3.3 JOINTS ' A. Construction Joints: Locate and install construction joints, which are not shown on the drawings, so as not to impair the strength and appearance of the structure, as acceptable to the ENGINEER. ' B. Place construction joints as indicated on the structural drawings. ' C. Isolation Joints in Slabs-On-Grade:Construct isolation joints at all points of contact between slabs on ground and vertical surfaces where shown on the structural drawings. ' D. Control Joints in Slabs-on-Grade: Construct control joints in slabs-on-ground to form panels of patterns as shown. See typical detail on structural drawings. ' E. Saw cuts shall be made as soon as possible after final troweling without dislodging aggregate,normally 12 hours. ' F. Expansion Joints: Provide expansion joints as shown. Install premolded filler as specified. 3.4 INSTALLATION OF EMBEDDED ITEMS A. General: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by, cast-in-place concrete. Use setting drawings, diagrams, instructions, and directions provided by suppliers of the items to be attached thereto. 03300-6 1 B. No penetrations shall be made in any structural members other than those located 1 on these drawings without previous approval of the ENGINEER. 3.5 PREPARATION OF FORM SURFACES ' A. Coat the contact surfaces of forms with a non-staining form coating compound before reinforcement is placed. 1 3.6 CONCRETE PLACEMENT A. General: Comply with ACI 304 and as herein specified. Subgrades shall be 1 inspected and approved before concrete is placed for concrete poured on grade. Forms and reinforcing shall be inspected and approved prior to concrete placement. 1 B. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand spading,rodding or tamping. Use equipment and procedures for consolidation 1 of concrete in accordance with the recommended practices of ACI 309, to suit the type of concrete and project conditions. The use of vibrators or other mechanical devices to move the concrete in the forms is not permitted. Concrete shall be 1 deposited as near its final location as practical. C. Hot Weather Placing: When hot weather conditions exist that would seriously 1 impair the quality and strength of concrete,place concrete in compliance with ACI 305. 3.7 FINISH OF FORMED SURFACES 1 A. Rough Form Finish: For formed concrete surfaces not exposed to view in the finish ' work or by other construction, unless otherwise indicated. This is the concrete surface having the texture imparted by the form facing material used,with tie holes and defective areas repaired and patched and fins and other projections exceeding ' '/4-inches in height chipped off,defective areas,honeycomb and tie holes filled and repaired with cement grout. B. Smooth Form Finish: For formed concrete surfaces exposed to view,or that area to 1 be covered with a coating material applied directly to the concrete, or a covering material bonded to the.concrete, such as waterproofing, damp-proofing, painting, or other similar system, to have the as-cast concrete surface obtained with selected 1 form facing material, arranged orderly and symmetrically with a minimum of seams. Repair and patch defective areas with all fins or other projections completely removed and smoothed, and all tie rod holes grouted flush, all honeycomb cut out and patched with grout. C. Related Unformed Surfaces: At tops of walls, horizontal offsets and similar unformed surfaces occurring adjacent to formed surfaces, strike-off smooth and 03300-7 finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise shown. ' 3.8 MONOLITHIC SLAB FINISHES A. General: Comply with ACI 301 for the specified finish specification and methods. The use of jitterbugs for finishing slabs will not be permitted. 3.9 TYPE OF FINISHES AND TOLERANCES ' A. Trowel Finish: For floors intended as walking surfaces or for reception of floor coverings. Class by tolerance 5/16 inches in 10'-0", %-inches in 20'-0", and+/- inches total building. ' B. Broom or Belt Finish: For sidewalks, steps, platforms, and ramps. Class by tolerance (5/16 inches in 10'-0"). ' 3.10 MOISTURE BARRIER A. Where a moisture barrier is shown under concrete slabs on grade,install 6 mil thick polyethylene sheets, with joints lapped and taped. Place moisture barrier three (3) inches below bottom elevation of slab, and place a three (3) inches thick, clean, sand bed over moisture barrier for slab placement. 3.11 CONCRETE CURING, SEALING AND PROTECTION A. Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less ' than 72 hours. B. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least seven (7) days in accordance with ACI 301 procedures. Avoid rapid drying through the end of final curing period. C. Curing Methods: Perform curing of concrete by moisture retaining cover curing,by ' membrane curing, and by combinations thereof, as herein specified. 1. Provide Moisture Cover Curing as follows: Cover concrete surfaces with ' moisture retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least three (3) inches and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during ' curing period using cover material and waterproof tape. 03300-8 2. Provide Membrane Curing to Slabs as Follows: a. Apply membrane forming curing compound to concrete surfaces as soon as final finishing operations are complete (within 2 hours). Apply uniformly in continuous operation by power spray or roller ' in accordance with manufacturer's directions. Recoat areas, which are subjected to heavy rainfall within three (3) hours after initial application. Maintain continuity of coating and repair damage t during curing period. b. Curing Formed Surfaces: Cure formed concrete surfaces by moist ' curing with forms in place for full curing period or until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. ' C. Sealing Concrete Floors: Clean surfaces of all foreign material, oil and grease. Apply an additional coat of cure and seal material,same ' as used to cure concrete surfaces to all floors not receiving other finish. Apply at rate recommended by manufacturer. 3.12 REMOVAL OF FORMS ' A. Comply with ACI 301 and 318 and structural notes for removal of forms. 3.13 CONCRETE SURFACE REPAIRS A. Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after removal of forms,but only when acceptable to ENGINEER. END OF SECTION 03300-9 s APPENDIX A PERMITS Ron DeSantis — Mission: Governor To protect,promote&improve the health of all people in Florida through integrated Scott A. Rivkees, MD state,county&community efforts. HEALTH State Surgeon General _ Vision:To be the Healthiest State in the Nation Notification of Acceptance of Use of a General Permit Permitee: Permit Number: 138296-049-DSGP Matthew Hammond, P E. Issue Date: 04/28/2022 Utility Director Expiration Date: 04/27/2027 Village of Tequesta County: Palm Beach 345 Tequesta Drive Project: Water Main Replacement Program Tequesta, FL 33469 Project 1 & 4 - Water Supplier: Village of Tequesta PWS ID: 4501438 Dear Mr. Hammond: On April 22, 2022 the Florida Department of Health-Palm Beach County, as an approved local program of the Florida Department of Environmental Protection, received a "Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs" [DEP Form No. 555.900(7)], under the provisions of Rule 62-4.530 and Chapter 62-555, Florida Administrative Code (F.A.C.). The proposed project includes: Replacement of approximately 11,200 LF of 4"-10" asbestos cement water main with 4"A 0" PVC and HDPE potable water main and all appurtances to improve the distribution system located within the Village of Tequesta, Florida. Based upon the submitted Notice and accompanying documentation, this correspondence is being sent to advise that the Department does not object to the use of such general permit at this time. Please be advised that the permittee is required to abide by Rule 62-555.405. F.A.0 , all applicable rules in Chapters 52-4, 62-550, 62-555, F.A.C., and the General Conditions for All General Drinking Water Permits (found in 62-4.540, F.A.C.). When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall - do so in accordance with the applicable rules of the Federal Asbestos Regulation and Florida DEP requirements. For specific requirements applicable to AC pipes, the permittee should contact the Air and Waste Management section managers prior to commencing any such activities at (561) 837- 5900#3. Please be aware that a notification is required to be submitted to the Department for a regulated project. Florida Department of Health Palm Beach County,Division of Environmental Public Health Accredited Health Department P.O.Box 29,800 Clematis Street,West Palm Beach,FL 33402 Public Health Accreditation Board -� PHONE:561-837-5900-FAX: 561-837-5294 FloridaHealth.gov, Flhealthpalmbeach.org ' PERMITTEE: Village of Tequesta Perm it/Certification No.: 138296-049-DSGP Matthew Hammond, P.E., Utility Director The permittee shall comply with all sampling requirements specific to this project. These requirements are attached for review and implementation. Pursuant to Rule 62-555.345, F.A.C., the permittee shall submit a certification of construction completion [DEP Form No. 62-555.900(9)] to the Department and obtain approval, or clearance, from the Department before placing any water main extension constructed under this general permit into operation for any purpose other than tdisinfection or testing for leaks. Within 30 days after the sale or legal transfer of ownership of the permitted project that has not been cleared for service in total by the Department, both the permittee and the proposed permittee shall sign and submit an application for transfer of the permit using Form 62-555 900(8). F.A.C., with the appropriate fee. The permitted construction is not authorized past the 30-day period unless the permit has been transferred. This permit will expire five years from the date of issuance. If the project has been started and not completed by that time, a new permit must be obtained before the expiration date in order to continue work on the project. per Rule 62-4.030, F.A.C. All backflow preventors to be USC approved. All water main pipe, including fittings, installed on or after August 28, 2003, except pipe installed under a construction permit for which the Department received a complete application before August 28, 2003, shall be color coded or marked using blue as a predominant color to differentiate drinking water from reclaimed or other water. Underground plastic pipe shall be solid-wall blue pipe, shall have a co-extruded blue external skin, or shall be white or black pipe with blue stripes incorporated into, or applied to, the pipe wall; and underground metal or concrete pipe shall have blue stripes applied to the pipe wall. Pipe striped during manufacturing of the pipe shall have continuous stripes that run parallel to the axis of the pipe, that are located at no greater than 90-degree intervals around the pipe, and that will remain intact during and after installation of the pipe. If tape or paint is used to stripe pipe during installation of the pipe, the tape or paint shall be applied in a continuous line that runs parallel to the axis of the pipe and that is located along the top of the pipe; for pipes with an internal diameter of 24 inches or greater, tape or paint shall be applied in continuous lines along each side of the pipe as well as along the top of the pipe. Aboveground pipe at drinking water treatment plants shall be color coded and labeled in accordance with subsection 62-555.320(10), F.A.C., and all other aboveground pipe shall be painted blue or shall be color coded or marked like underground pipe. Sincerely, Fob the Division Dire or _ Jorge Pakino, P. .', Eoviro mental Administrator Division of Environmental Public Health JH/JP c: Project Engineer: Stephen Fowler, P.E. Utility: Same PERMITTEE: Village ofTequesta Perm it/Certification No.: 138296-049-DSGP _. Matthew Hammond, P.E., Utility Director Civil Penalty May Be Incurred if this project is placed into operation before obtaining a clearance from this office. Requirements for clearance upon completion of projects are as follows: 1) Clearance Form Submission of a fully completed Department of Environmental Protection (DEP) Form 62-555.900(9) Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation. 2) Record Drawings Submission of the portion of record drawings showing deviations from the DEP construction permit, including preliminary design report or drawings an specifications, if there are any deviations from said permit (Note that it is necessary to submit a copy of only the portion of record drawings showing deviations and not a complete set of record drawings.). 3) Bacteriological Results Copies of satisfactory bacteriological analysis (a.k.a. Main Clearance), taken within sixty (60) days of completion of construction, from locations within the distribution system or water main extension to be cleared, in accordance with Rules 62-555.315(6), 62-555.34t, and 62-555.330, F.A.C. and — American Water Works Association (AWWA) Standard C 651-92, as follows: • Connection to an existing system _ • The end point of the proposed addition • Any water lines branching off a main extension • Every 1,200 feet on straight runs of pipe Each location shall be sampled on two consecutive days, with sample points and chlorine residual readings clearly indicated on the report. A sketch or description of all bacteriological sampling locations must also be provided. All samples shall be collected by an employee of a state certified laboratory or a certified operator and be reported on DEP Reporting Format 62- 550.730. For further clarification contact: Mark Peters Engineering Specialist III Florida Department of Health Palm Beach Plan Review & Permit Section 800 Clematis Street, 4th Floor West Palm Beach, FL 33401 561-837-5934 - o•o•rem a' 9r NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs INSTRUCTIONS:This notice shall be completed and submitted by persons proposing to construct projects permitted under the "General Permit for Construction of Water Main Extensions for Public Water Systems" in Rule 62-555.405,F.A.C. AT LEAST 30 DAYS BEFORE BEGINNING CONSTRUCTION OF A WATER MAIN EXTENSION PROJECT,complete and submit one copy of this notice to the appropriate Department of Environmental Protection(DEP)District Office or Approved County Health Department (ACHD)along with payment of the proper permit processing fee. (When completed,Part II of this notice serves as the preliminary design report for a water main extension project,and thus,it is unnecessary to submit a separate preliminary design report or drawings, specifications,and design data with this notice.) All information provided in this notice shall be typed or printed in ink. The DEP permit processing fee for projects requiring the services of a professional engineer during design is$650,and the DEP permit processing fee for projects not requiring the services of a professional engineer during design is$500.* Some ACHDs charge a county permit processing fee in addition to the DEP permit processing fee. Checks for permit processing fees shall be made payable to the Department of Environmental Protection or the appropriate ACHD. NOTE THAT A SEPARATE NOTIFICATION AND A SEPARATE PERMIT PROCESSING FEE ARE REQUIRED FOR EACH NON-CONTIGUOUS PROJECT.t * Except as noted in paragraphs 62-555.520(3)(a)and(b),F-A.C.,projects shall be designed under the responsible charge of one or more professional engineers licensed in Florida. t Non-contiguous projects are projects that are neither interconnected nor located nearby one another(i.e., on the same site, on adjacent streets, or in the same neighborhood). A. Name of Project:Water Main Replacement Program Project No. 1 & No. 4 _ B. Description of Project and Its Purpose: Replacement of approximately 11,200 linear feet of 4-inch through 10-inch asbestos cement (AC) water main. Project will include installation of new PVC and HDPE water main 4-inch through 12 inch in diameter, 14 fire hydrants, 38 temporary sample points, and f approximately 70 services. _ APR 2 2 w C. Location of Project 1. County Where Project Located:Palm Beach MtlO&Dopaftent orHewth•ABC 2. Description of Project Location: fln Review Within the Village of Tequesta,along Tequesta Drive from Fiesta Ave west to Country Club Drive.Country Club Drive north to Country Club Circle.As well as select side streets east of Country Club Drive(Country Club Cir,Tradewinds Cir,Leeward Clr) D. Estimate of Cost to Construct Project:$2,232,000.00 E. Estimate of Dates for Starting and Completing Construction of Project: Starting:June 2022,Completion:June 2023 F. Permittee PWS/CompanyName:Village of Tequesta Utilities PWS Identification No.:*4501438 PWS T e:* U CommunityNon-Transient Non-CommunityTrdnsientNon-Community Consecutive Contact Person:Mathew Hammond,PE Contact Person's Title:Mlities Director Contact Person's Mailing Address:345 Tequesta Drive 7 Ci :Tequesta State:FL Zi Code:33469 Contact Person's Telephone Number:561-768-0459 Contact Person's Fax Number. Contact Person's E-Mail Address:MHammond@Tequesta.org P" * This information is required only if the permittee is a public water system(PWS). G. Public Water System(PWS)Supplying Water to Project PWS Name:Village of Tequesta Utilities PWS Identification No.:4501438 PWS Type: 0 Communitv 0 Non-Transient Non-Community Transient Non-Community Consecutive r— PWS Owner:Village of Tequesta Utilities Contact Person:Mathew Hammond,PE Contact Person's Title:Utilities Director Contact Person's Mailing Address:345 Tequesta Drive City:Tequesta State:FL Zip Code:33469 Contact Person's Telephone Number:561-768-0459 Contact Person's Fax Number: Contact Person's E-Mail Address:MHammond@Tequesta.org �— DEP Forth 62.555.goo(7)4pemate Page 1 Effective August 28,2003 (Updated September 8,2015) NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pro sect Name:water Main Replacement Program Project No.1&No.4 Petmlttec'Village of Tequesta Utilities H. Public Water System(PWS)that Will Own Project After It Is Placed into Permanent Operation PWS Name:Village of Tequesta Utilities I PWS Identification No.:*4501438 PWS T e:* ' Communit Non-Transient Non-Communit Transient Non-Community Consecutive PWS Owner:Village of Tequesta Utilities Contact Person:Mathew Hammond,PE Contact Person's Title:Utilities Director Contact Person's Mailing Address:345 Tequesta Drive Cit :Tequesta State:FL Zi Codc:33469 Contact Person's Telephone Number:561-768-0459 Contact Person's Fax Number: Contact Person's E-Mail Address:MHammond@requesta.urg * This information is required only if the owner/operator is an existing PWS. 1. Professional Engineer(s)or Other Person(s)in Responsible Charge of Designing Project* Company Name:Holtz Consulting Engineers Designer(s):Stephen Fowler, PE Title(s)of Designer(s):Principal Engineer Q{alifications of Designer(s): Professional Engineer(s)Licensed in Florida—License Number(s): 69039 l Public Officer(s)Employed by State,County,Municipal,or Other Governmental Unit of Statet Plumbing Contractor(s)Licensed in Florida—License Number(s):^ Mailing Address of Desi,,ner(s):270 South Central Boulevard,Suite 207 City:Jupiter I State:FL Zip Code:33458 Telephone Number ofDesigner(s):561-575-2005 I Fax Number of Desi ner s1:561-575-2009 E-Mail Address(cs)of Designer(s):Stephen.Fowler'HoltzConsulting.com * Except as noted in paragraphs 62-555.520(3)(a)and(b), F.A.C.,projects shall be designed under the responsible charge ojone or more professional engineers licensed in Florida. t Attach a detailed construction cost estimate showing that the cost to construct this project is$10,000 or less. ^ Attach documentation.showing that this project will be installed by the plumbing contractor(s)designing this project, documentation.showing that this project involves a public water system.serving a single property and fewer than 250 fixture units,and a detailed construction cost estimate showing that the cost to construct this project is$50,000 or less. IL Preliminari Design Report for Project" A. Service Area,Water Use,and Service Pressure Information 1. Design Type and Number of Service Connections,and Average Daily Water Demands and Maximum-Day Water Demands,in the Entire Area to Be Served by the Water Mains Being Constructed Under this Project: D=Total Average .e C=Average Daily Daily Water Demand', Water Demand Per gpd(Columns BxC for E=Total Maximum- B=Number of Service Servicc Connection, Residential Service Day Water Demandb, A=Type of Service Connection Connections gpd Connections) gpd Single-Family Home 0 .� Mobile Home 0 Apartment 0 Commercial,Institutional,or Industrial Facility" 0 o a a. Description of Commercial, Institutional,or Industrial Facilities and Explanation of Method(s)Used to Estimate Average Daily Water Demand for These Facilities: No additional connections to PWS will be added. b. Explanation of Peaking Factor(s)or Method(s)Used to Estimate Maximum-Day Water Demand: N/A i 64 DEP Form 62-555.900(7)Altemate Page 2 Effective August 28,2003 (Updated September 8,2015) NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pro ieet Name water Main Replacement Program Project No.1&No.4 1 Permittee: village of requesta Utilities -. 2. Explanation of Peaking Factor(s)or Method(s)Used to Estimate Design Peak-Hour Water Demand and,for Small Water Systems that Use Hydropneumatic Tanks or that Are Not Designed to Provide Fire Protection,Peak Instantaneous Water Demand: N/A 3. Design Fire-Flow Rate and Duration: NIA 4. Design Service Pressure Range: N/A B. Project Site Information I. ATTACH A SITE PLAN OR SKETCH SHOWING THE SIZE AND APPROXIMATE LOCATION OF NEW OR ALTERED WATER MAINS,SHOWING THE APPROXIMATE LOCATION OF HYDRANTS,VALVES,METERS,AND BLOW- OFFS IN SAID MAINS,AND SHOWING HOW SAID MAINS CONNECT TO THE PUBLIC WATER SYSTEM SUPPLYING WATER FOR THE PROJECT. 2. Description of Any Areas Where New or Altered Water Mains Will Cross Above or Under Surface Water or Be Located in Soil that Is Known to Be Aggressive: Proposed water mains do not have any surface water crossings and are not located in any known aggressive soils. C. Information About Compliance with Design and Construction Requirements 1. If this project is being designed to comply with the following requirements,initial in ink before the requirements. If any of the following requirements do not apply to this project or if this project includes exceptions to any of the following requirements as allowed by rule,mark"X"before the requirements and complete Part II.C.2 below. RSWW=Recommended Standards,for Water Works as incorporated into Rule 62-555.330,F.A.C. a. This project is being designed to keep existing water mains and service lines in operation during construction 10� or to minimize interruption of water service during Construction. [RSWW 1.3.a;exceptions allowed under FAC 62- 555.3301 - b. All pipe,pipe fittings,pipe joint packing and jointing materials,valves,fire hydrants,and meters installed under this project will conform to applicable American Water Works Association(AWWA)standards. [FAC 62-555.320(21)(b),RSWW 8.0,and AWWA standards as incorporated into FAC 62-555.330;exceptions allowed under FAC 62- 555.320(21)(c)] c. All public water system components,excluding fire hydrants,that will be installed under this project and that will come into contact with drinking water will conform to NSF International Standard 61 as adopted in Rule 62-555.335,F.A.C.,or other applicable standards,regulations,or requirements referenced in paragraph 62- 555.320(3)(b),F.A.C. [FAC 62-555.320(3xb);exceptions allowed under FAC 62-555.320(3)(d)] d. All pipe and pipe fittings installed under this project will contain no more than 8.0%lead,and any solder or flux used in this project will contain no more than 0.2%lead. [FAC 62-555.3221 e. All pipe and pipe fittings installed under this project will be color coded or marked in accordance with subparagraph 62-555.320(21)(b)3,F.A.C.,using blue as a predominant color. (Underground plastic pipe will be solid-wall blue pipe,will have a co-extruded blue external skin,or will be white or black pipe with blue n stripes incorporated into,or applied to,the pipe wall;and underground metal or concrete pipe will have blue stripes applied to the pipe wall. Pipe striped during manufacturing of the pipe will have continuous stripes that run parallel to the axis of the pipe,that are located at no greater than 90-degree intervals around the pipe,and that will remain intact during and after installation of the pipe. If tape or paint is used to stripe pipe during installation of the pipe,the tape or paint will be applied in a continuous line that runs parallel to the axis of the pipe and that is located along the top of the pipe;for pipe with an internal diameter of 24 inches or greater,tape or paint will be applied in continuous lines along each side of the pipe as well as along the top of the pipe. Aboveground pipe will be painted blue or will be color coded or marked like underground pipe.) [FAC 62- f. All new or altered water mains included in this project are sized after a hydraulic analysis based on Clow demands and pressure requirements. ATTACH A HYDRAULIC ANALYSIS JUSTIFYING THE SIZE OF ANY NEW OR ALTERED WATER MAINS WITH AN INSIDE DIAMETER OF LESS THAN THREE INCHES. [FAC 62-555.320(21)(b)and RSWW8.11 r- DEP Form 62-555.9D0(7)ABemate Page 3 Effective August 28,2003 (Updated September 8,2016) NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Proieet Name:Water Main Replacement Program Project No.1 a No.a 1 Pemvttee•va lege of requests Utilities g. The inside diameter of new or altered water mains that are included in this project and that are being designed to provide fire protection and serve fire hydrants will beat least six inches. [FAC 62-555.320(21)(b)and RSWW 8.1.2] It. New or altered water mains that are included in this project and that are not being designed to carry fire flows do not have fire hydrants connected to them. [FAC 62-555.320(21)(b)and RSWW 8.1.5] i. This project is being designed to minimize dead-end water mains by making appropriate tie-ins where practical. [FAC 62-555.320(21)(b)and RSWW 8.1.6.a] j. New or altered dead-end water mains included in this project will be provided with a fire or flushing hydrant or blow-off for flushing purposes. [FAC 62-555.320(21)(b)and RSWW 8.1.6.b] k. Sufficient valves will be provided on new or altered water mains included in this project so that inconvenience and sanitary hazards will be minimized during repairs. [FAC 62-555.320(21xb)and RSWW 8.2] —. 1. New or altered fire hydrant leads included in this project will have an inside diameter of at least six inches and will include an auxiliary valve. [FAC 62-555.320(21)(b)and R.SWW 83.3] m. All fire hydrants that will be installed under this project and that will have unplugged,underground drains will be located at least three feet from any existing or proposed storm sewer,stormwater force main,pipeline conveying reclaimed water regulated under Part III of Chapter 62-610,F.A.C.,or vacuum-type sanitary sewer; at least six feet from any existing or proposed gravity-or pressure-type sanitary sewer,wastewater force main, or pipeline conveying reclaimed water not regulated under Part III of Chapter 62-10,F.A.C.;and at least ten feet from any existing or proposed"on-site sewage treatment and disposal system." [FAC 62-555.314(4)] n. At high points where air can accumulate in new or altered water mains included in this project,provisions will be made to remove the air by means of air relief valves,and automatic air relief valves will not be used in situations where flooding of the valve manhole or chamber may occur. [FAC 62-555.320(21xb)and IZSWW 8.4.1] o. The open end of the air relief pipe from all automatic air relief valves installed under this project will be extended to at least one foot above grade and will be provided with a screened,downward-facing elbow. [FAC 62-555.320(21)( and RSWW S .. p. New or alteredd pits chambers,pits,or manholes that contain valves,blow-offs,meters,or other such water distribution system appurtenances and that are included in this project will nQt be connected directly to any sanitary or storm sewer,and blow-offs or air relief valves installed under this project will not be connected directly to any sanitary or storm sewer. [FAC 62-555.320(21)(b)and RSWW 8.4.3] ... q. New or altered water mains included in this project will be installed in accordance with applicable AWWA standards or in accordance with manufacturers'recommended procedures. [FAC 62-555.320(21)(b),RSWW 8.5.1,and AWWA standards as incorporated into FAC 62-555.330] r. A continuous and uniform bedding will be provided in trenches for underground pipe installed under this -' project;backfill material will be tamped in layers around underground pipe installed under this project and to a sufficient height above the pipe to adequately support and protect the pipe;and unsuitably sized stones(as described in applicable AWWA standards or manufacturers'recommended installation procedures)found in trenches will be removed for a depth of at least six inches below the bottom of underground pipe installed under this project. [FAC 62-555.320(21)(b),RSWW 8.5.21 s. All water main tees,bends,plugs,and hydrants installed under this project will be provided with thrust blocks or restrained joints to prevent movement. [FAC 62-555.320(21)(b)and RSWW 8.5.4] t. New or altered water mains that are included in this project and that will be constructed of asbestos-cement or polyvinyl chloride pipe will be pressure and leakage tested in accordance with AWWA Standard C603 or C605,respectively,as incorporated into Rule 62-555.330,F.A.C.,and all other new or altered water mains included in this project will be pressure and leakage tested in accordance with AWWA Standard C600 as incorporated into Rule 62-555,330. [FAC 62-555.320(2lxb)l and AWWA standards as incorporated into FAC 62-555.3301 u. New or altered water mains,including fire hydrant leads and including service lines that will be under the control of a public water system and that have an inside diameter of three inches or greater,will be disinfected and bacteriologically evaluated in accordance with Rule 62-555.340,F.A.C. [FAC 62-555.320(21)(b)2 and FAC 62- 555.340] ' v. New or altered water mains that are included in this project and that will be installed in areas where there are known aggressive soil conditions will be protected through use of corrosion-resistant water main materials, through encasement of the water mains in polyethylene,or through provision of cathodic protection. [FAC 62- 555.320(21Xb)and RSWW 8.5.7.d] ..4 i rd DEP Form 62-555.900(7)A temate Page 4 i Effective August 28,2003 (Updated September 8,2015) NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs PiOleet Name:Water Main Replacement Program Project Na.1 8 Pb.4 I Permittee:Village of requests Uldiies �., w. New or relocated,underground water mains included in this project will be laid to provide a horizontal distance of at least three feet between the outside of the water main and the outside of any existing or proposed vacuum- type sanitary sewer,storm sewer,stormwater force main,or pipeline conveying reclaimed water regulated under Part III of Chapter 62-610,F.A_C_;a horizontal distance of at least six feet between the outside of the water main and the outside of any existing or proposed gravity-type sanitary sewer(or a horizontal distance of at least three feet between the outside of the water main and the outside of any existing or proposed gravity- type sanitary sewer if the bottom of the water main will be laid at least six inches above the top of the sewer);a horizontal distance of at least six feet between the outside of the water main and the outside of any existing or proposed pressure-type sanitary sewer,wastewater force main,or pipeline conveying reclaimed water not regulated under Part III of Chapter 62-610,F.A.C.;and a horizontal distance of at least ten feet between the outside of the water main and all parts of any existing or proposed"on-site sewage treatment and disposal system." [FAC 62-555.314(1);exceptions allowed under FAC 62-555.314(5)] x. New or relocated,underground water mains that are included in this project and that will cross any existing or proposed gravity-or vacuum-type sanitary sewer or storm sewer will be laid so the outside of the water main is at least six inches above the other pipeline or at least 12 inches below the other pipeline;and new or relocated, underground water mains that are included in this project and that will cross any existing or proposed pressure- type sanitary sewer,wastewater or stormwater force[Hain,or pipeline conveying reclaimed water will be laid so the outside of the water main is at least 12 inches above or below the other pipeline. [FAC 62-555.314(2); POPexceptions allowed under FAC 62-555.314(5)] y. At the utility crossings described in Part II.C.I.w above,one full length of water main pipe will be centered above or below the other pipeline so the water main joints will be as far as possible from the other pipeline or the pipes will be arranged so that all water main joints are at least three feet from all joints in vacuum-type sanitary sewers,storm sewers,stormwater force mains,or pipelines conveying reclaimed water regulated under ( Part III of Chapter 62-610,F.A.C.,and at least six feet from all joints in gravity-or pressure-type sanitary sewers,wastewater force mains,or pipelines conveying reclaimed water not regulated under Part III of Chapter 62-610,F.A.C. [FAC 62-555.314(2);exceptions allowed under FAC 62-555.314(5)] z. New or altered water mains that are included in this project and that will cross above surface water will be adequately supported and anchored,protected from damage and freezing,and accessible for repair or replacement.[FAC 62-555.320(21)(b)and RSWW 8.7.1] r aa. New or altered water mains that are included in this project and that will cross under surface water will have a minimum cover of two feet.[FAC 62-555.320(21 xb)and RSWW 8.7.2] bb. New or altered water mains that are included in this project and that will cross under surface water courses greater than 15 feet in width will have flexible or restrained,watertight pipe joints and will include valves at r both ends of the water crossing so the underwater main can be isolated for testing and repair;the aforementioned isolation valves will be easily accessible and will not be subject to flooding;the isolation valve closest to the water supply source will be in a manhole;and permanent taps will be provided on each side of the .• isolation valve within the manhole to allow for insertion of a small meter to determine leakage from the underwater main and to allow for sampling of water from the underwater main.[FAC 62-555.320(21)(b)and Rsww 8.7.21 cc. This project is being designed to include proper backflow protection at those new or altered service connections where backflow protection is required or recommended under Rule 62-555.360,F.A.C.,or in Recommended Practice for BackJlow Prevention and Cross-Connection Control,AWWA Manual M14,as incorporated into Rule 62-555.330,F.A.C.;a the public water system that will own this project after it is placed into operation has a cross-connection control program requiring water customers to install proper backflow protection at those service connections where backflow protection is required or recommended under Rule 62-555.360,F.A.C.,or in AWWA Manual M14. [FAC 62-555.360 and AWWA Manual M14 as incorporated into FAC 62-555.3301 .� dd. Neither steam condensate,cooling water from engine jackets,nor water used in conjunction with heat exchangers will be returned to the new or altered water mains included in this project. [FAC 62-555.320(21)(b)and RSWW 8.8.2] DEP Forth 62-655.900(7)Altemate Page 5 Effective August 28,2003 (Updated September 8,2015) NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pi0'ect Name:water Main Replacement Program Project No.i&No.4 Permittee•Wage of Tequesta Utilities — 2. Explanation for Requirements Marked"X"in Part II.C.1 Above,Including Justification,Documentation,Assurances,and/or Alternatives as Required by Rule for Exceptions to Requirements in Part Ii.C.1: Z- bb: No surface water crossings are present in this project. I completed Part H of this notice,and the information provided in Part 11 and on the attachment(s)to Part II is true and accurate to the best of my knowledge and belief. Signature,Seal,and Date of Professional Engineer(PE)gr Signature,Seal,and Date of Professional Engineer(PE)or Signature and Date of Other Person in Responsible Charge of Signature and Date of Other Person in Responsible Charge of Designing Project:* Designing Project:* 11`�'t •.......... VA&��'.'. # No, •• 2 S�ONA L EN 11111101 Printed/Typed Name:Stephen Fowler,PE Printed/Typed Name: License Number of PE or License Number or Title of Other License Number of PE or License Number or Title of Other Person in Responsible Charge of Designing Project:* Person in Responsible Charge of Designing Project:* 69039 Portion of Preliminary Design Report for Which Responsible: Portion of Preliminary Design Report for Which Responsible: Entire Project * Except as noted in paragraphs 62-555.520(3)(a)and(b),F.A.C.,projects shall be designed under the responsible charge of one or more PEs licensed in Florida. If this project is being designed under the responsible charge of one or more PEs licensed in Florida,Part II of this notice shall be completed,signed,sealed,and dated by the PE(s)in responsible charge. If this project is not being designed under the responsible charge of one or more PEs licensed in Florida,Part Il.shall be completed,signed,and dated by the person(s)in responsible charge of designing this project. `^ DEP Form 62-555.gW(7)Altemate Page 6 Effective August 28,20D3 (Updated September 8,2015) w NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Protect Name:Water Main Replacement Program Project No.1 S No.4 Permittee:village of requests unties A. Certification by Permittee I am duly authorized to sign this notice on behalf of the permittee identified in Part I.F of this notice. I certify that,to the best of my knowledge and belief,this project complies with Chapter 62-555,F.A.C. I also certify that construction of this project has not begun yet and that,to the best of my knowledge and belief,this project does not include any of the following construction work: • construction of water mains conveying raw or partially treated drinking water; . construction of drinking water treatment,pumping,or storage facilities or conflict manholes; .- . construction of water mains in areas contaminated by low-molecular-weight petroleum products or organic solvents; • construction of an interconnection between previously separate public water systems or construction of water mains that create a"new system"as described under subsection 62-555.525(1),F.A.C.;or • construction of water mains that will remain dry following completion of construction. (A specific construction permit is required for each project involving any of the above listed construction work.) I understand that,if this project is designed under the responsible charge of one or more professional engineers(PIES)licensed in •- Florida,the permittee must retain a Florida-licensed PE to take responsible charge of inspecting construction of this project for the purpose of determining in general if the construction proceeds in compliance with the Department of Environmental Protection construction permit,including the approved preliminary design report,for this project. I understand that the permittee must have _ complete record drawings prepared for this project. I also understand that the permittee must submit a certification of construction completion to the Department and obtain written approval,or clearance,from the Department before the permittee places this project into o °ration for any purpose other than disinfection or testing for leaks. Mathew Hammond, PE Utilities Director t1,1a- Signalure' and Date I I Printed or Typed Name Title B. Certification by PWS Supplying Water to Project I am duly authorized to sign this notice on behalf of the PWS identified in Part I.G of this notice. I certify that said PWS will supply the water necessary to meet the design water demands for this project. As indicated below,the water treatment plant(s)to which this project will be connected has(have)the capacity necessary to meet the design water demands for this project,and I certify that all other PWS components affected by this project also have the capacity necessary to meet the design water demands for this project. I certify that said PWS is in compliance with applicable planning requirements in Rule 62-555.348,F.A.C.; applicable cross-connection control requirements in Rule 62-555,360,F.A.C.;and to the best of my knowledge and belief,all other applicable rules in Chapters 62-550,62-555,and 62-699,F.A.C.;fiuthermore,I certify that,to the best of my knowledge and belief,said PWS's connection to this project will not cause said PWS to be in noncompliance with Chapter 62-550 or 62-555, F.A.C. I also certify that said PWS has reviewed the preliminary design report for this project and that said PWS considers the connection(s)between this project and said PWS acceptable as designed. • Name(s)of Water Treatment Plant(s)to Which this Project Will Be Connected: Village of Tequesta Water Treatment Plant • Total Permitted Maximum Day Operating Capacity of Plant(s),gpd: 6,330,000 gpd • Total Maximum Day Flow at Plant(s)as Recorded on Monthly Operating Reports During Past 12 Months,gpd: 3,200,000 g a- Mathew Hammond, PE Utilities Director Signature a to Printed or Typed Name Title C. Certification by PWS that Will Own Project After It Is Placed into Permanent Operation I am duly authorized to sign this notice on behalf of the PWS identified in Part I.H of this notice. I certify that said PWS will own this project after it is placed into permanent operation.I also certify that said PWS has reviewed the preliminary design report for this project N that said PWS considers this project acceptable as designed. Mathew Hammond, PE Utilities Director Si);nature and Date Printed or Typed Name Title DEP Form 62-555.900(7)Attemate Page 7 Effecgve August 28,2003 (Updated September 8,2015) NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pro•ect Name:water Main Replacement Program Project No.1&No.4 1 Permittee:village of requests uuuties D. Certification by Professional Engineer(s)in Responsible Charge of Designing Project* I,the undersigned professional engineer licensed in Florida,am in responsible charge of designing this project. I certify that,to the best of my knowledge and belief,the design of this project complies with Chapter 62-555,F.A.C. I also certify that,to the best of my knowledge and belief,this project is not being designed to include any of the following construction work: • construction of water mains conveying raw or partially treated drinking water; • construction of drinking water treatment,pumping,or storage facilities or conflict manholes; • construction of water mains in areas contaminated by low-molecular-weight petroleum products or organic solvents; • construction of an interconnection between previously separate public water systems or construction of water mains that create a"new system"as described under subsection 62-555.525(1),F.A.C.;or • construction of water mains that will remain dry following completion of construction. A s tecific construction permit is required for each project involving any of the above listed construction work.) Signature,Seal,and Date: Signature,Seal,and Date: ```,,,ttt►►1 t 1 l rtit►,,4 �Q%%EN R.F i ik 101 �3STATE Of. •;�� '� 0'• �` Cv�. 10Na L c oG' Printedfr d Name: Foy, Printedfr ed Name: License Number:ow" License Number: Portion of Preliminary Design Report for Which Responsible: Portion of Preliminary Design Report for Which Responsible: Entire * Except as noted in paragraphs 62-555.520(3)(a)and(b),F.A.C.,projects shall be designed under the responsible charge of one , or more professional engineers(PEs)licensed in Florida. If this project is being designed under the responsible charge of one or more PEs licensed in Florida,Part HID of this notice shall be completed by the PE(s)in responsible charge. If thbproject is not being designed under the responsible charge of one or more PEs licensed in Florida,Part HID does not have to be completed. DEP Foan 62S55.900MAXemate Page 8 Effective August 28,2003 (Updated Septembet 8,2015) u1 1 ' APPENDIX B UNDERGROUND UTILITY LOCATES C 1 1 ui r- w m ¢ F p w m • 3 O ¢ cr a 0 t z O z z o r a z a e a 7 Q W W J 7Lu U` (n w w Z g 3LLI z 4 w F w w < LLJ U J 44 O w w . cD p (4,L W. S Z Z> - p ¢ w a w J N � O O w CI) J W m # 1 LU F ry > C� N p _U J J 11' Q p F 2 w U n of W w Q w L� r F p 1 Z y E 1� L a a� a� CL N r L c� co O +� a)T ^` �I ca '70 � ,UVcu T 0 W .C C L O C t0 N C cu C 0 d t9 0 W 3 O Q a Of cr O Y O Z Z Z a Z a Z O • W J 1 W Z U) • c9 vi O a , o w LIJ w LU w w O J w ¢ .. R " 0 o LL W w Q , (D cai a L o C) Z 3 N }, cv ,41 (D w — o �r 0 0 a w v w m fv i LI) r C • z ] N� 0 LL .1.r w O a. cl w z • w 1 J U N Um 0 m ® z • z 1 t � _ i •^ O �� . OV/ a � d W W 1.f � N • U) E : • N � L � � 0 INS ' � m6 R4�63en 1 CD wo IN: cu , +n dx. IBM •,, � t { � { +/"ice � �\ \ i • � V � i fff ..� • 1 ilk 1 1 ppr 1 CO CYA ' • '• � may:� ,� I *�� .,:�� i - � N 1 �•n) O 4 a l.. �,� —� c�,, t ,f • • WK deW Short;A ONE ONE a • lit low Ve �� r • 1 • �rt «: (D cc • • • Evergreen Ave .r t , Xll IK � W _ -PH �oojgea Pi ;® o co T I _ A D All fit w Pig" a I �m - „ • i 1 %J r _ l TA ilk • • a. 3.{. ` �a ram- 0 ICJ: ,. �. w 0 < 73 :\ / t O w co 3 0 < Q • PS. Y O Z Z ZOf CL ZLij W J w Z � • �F. „�. • " c7 N d' O Q 1 J Ol 5 << Z Q � r , wJ 0: w O •'4! co LLJ w wo u , v , z faw ga o J W O O < w w ¢ W co > C7 N p ' fn C U ? O (� a a U) a:. Q U 0) W YJ w Z (' < w I • ,eAF- LL 3GaL V IL .t,c 4) � I Ift-, loot CD MEN 1. r � a t INS r i.. le. p ,.-•- � �,�:. V F spa ,,, I r I• I - •a u � � . 7C) -116 r 16 Air 4-J ; �r. • • t� - �-J= r � b O. J an�.-.sJe.�/�J. .. APPENDIX C GEOTECHNICAL INVESTIGATION - 1 January 13, 2021 Holtz Consulting Engineers,Inc. 270 South Central Blvd., Suite 207 Jupiter, FL 33458 Attn: Mr. Stephen Fowler,P.E., CGC email: Stephen.FowlergHoltzConsulting com RE: Geotechnical Engineering Study Water Main Replacement Project WM-01 & WM-04 Village of Tequesta,Florida TSF File No. 7111-20-438 Dear Stephen: TIERRA SOUTH FLORIDA, INC. (TSF) is pleased to present the results of Geotechnical Engineering Study Report for the referenced project. This report includes the results of field exploration and geotechnical recommendations for proposed project, as well as general site development. , EXECUTIVE SUMMARY A geotechnical exploration and evaluation of the subsurface conditions have been completed for the proposed Water Main Replacement Project WM-01 &WM-04 in the Village of Tequesta,Florida.A total of six (6) Standard Penetration Test (SPT) borings were extended to a depth of approximately 15 feet below grade. All borings had topsoil at the surface. The subsurface conditions beneath the topsoil consisted of gray to brown sand,with a Unified Soil Classification of SP,with occasional trace amounts of limerock. Based on the SPT N-Values recorded,the soils generally have a relative density of loose to medium-dense, with one layer existing in the very-loose condition at the surface. The ground water was generally encountered at depths of between about 3 '/2 and 4 %for Borings B-1 to B-5,and at approximately 7 feet below grade. All depths should be considered approximate. , The owner/designer should not rely solely on this Executive Summary and must read and evaluate the entire contents of this report prior to utilizing our engineering recommendations in preparation of design/construction documents. 2765 Vista Parkway,Suite 10•West Palm Beach,Florida 33411 561-687-8536•www.TSFGeo.com State of Florida Professional Engineers License#28073 t -2- PROJECT INFORMATION IProiect Authorization TSF has completed a geotechnical exploration for the proposed Water Main Replacement Project ' WM-01 & WM-04, in the Village of Tequesta, Florida. Our services were authorized by Holtz Consulting Engineers,Inc. Project Description Our understanding of the project is based on information provided by Holtz Consulting Engineers, Inc. The project corridor is approximately 2 miles in length, beginning at the northern end of Eastwinds circle, continuing southward to County Club Drive,then continuing south along Country Club Drive to Tequesta Drive, and then continuing east along Tequesta Drive to the railroad tracks ' east of South Cypress Drive. The geotechnical recommendations presented in this report are based on the available project information, and the subsurface materials described in this report. If any of the noted information is incorrect,please inform TSF in writing so that we may amend the recommendations presented in this report if appropriate and if desired by the client. TSF will not be responsible for the implementation ' of its recommendations when it is not notified of changes in the project. Purpose and Scope of Services The purpose of this study was to explore the subsurface conditions at the site to enable an evaluation of acceptable construction and site development considerations. Our scope of services included the drilling of six (6) Standard Penetration Test (SPT) borings to a depth of approximately 15 feet below existing site grades, and the preparation of this geotechnical report. This report includes an outline of the testing procedures, a presentation of available project 1 information, a description of the site and subsurface conditions, and a presentation of the recommended soil parameters for design and construction. The scope of services did not include an environmental assessment for determining the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water,groundwater,or air on or below, or around this site. Any statements in this report regarding odors, colors, and unusual or ' suspicious items or conditions are strictly for informational purposes.Prior to further development of this site,an environmental assessment is advisable. Water Main Replacement Project WM-01&WM-04 TSF TSF Project No.7111-20-438 - -3- SUBSURFACE CONDITIONS Subsurface Conditions Based on a review of the"Soil Survey of Palm Beach County,Florida",prepared by the United States Department of Agriculture(USDA)Natural Resources Conservation Service(NRCS),the below map units are anticipated.A copy of a portion of the USDA Soil Survey Map is attached to this report Soil Map—Palm Beach County Area,Florida. Man Unit 18 -Immokalee fine sand, 0 to 2 percent slopes The Immokalee component makes up 90 percent of the Map Unit. Slopes are 0 to 2 percent.This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy marine deposits. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is poorly drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is moderate. Shrink-swell potential is low. This ' soil is not flooded.It is not ponded.A seasonal zone of water saturation is at 12 inches during June, July, August, September, October, November. Organic matter content in the surface horizon is about 2 percent. Man Unit 22-Myakka-Urban land complex Myakka (Myakka Component)The Myakka component makes up 50 percent of the Map Unit. Slopes ' are 0 to 2 percent. This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy marine deposits. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is poorly drained. Water movement in the most , restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 12 inches during June, July, August, September. Organic matter content in the surface horizon is about 4 percent. (Urban Land Component) Urban land is a miscellaneous area. No soils data is available for miscellaneous areas. Map Unit 35 - Quartzipsamments, shaped, 0 to 5 percent slopes The Quartzipsamments component makes up 100 percent of the Map Unit. Slopes are 0 to 5 percent. This component , is on fills on rises on marine terraces on coastal plains.The parent material consists of sandy marine deposits.Depth to a root restrictive layer is greater than 60 inches.The natural drainage class is well drained. Water movement in the most restrictive layer is very high. Available water to a depth of 60 inches (or restricted depth) is very low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 0 percent. ' Map Unit 48 -Urban land,0 to 2 percent slopes The Urban land is a miscellaneous area. No data is available for the component. Water Main Replacement Project WM-01&WM-04 TSF TSF Project No.7111-20-438 -4- Our subsurface investigation consisted of drilling of six (6) Standard Penetration Test (SPT) boring to a depth of approximately 15 feet below existing grades. Boring locations were located in the field ' by TSF personnel by tape measurements using site features as reference. The approximate locations of the borings are depicted on the Geotechnical Engineering Services — Sheet 1, attached to this report. tThe SPT borings were drilled using a truck-mounted CME-55 drill rig, and mud rotary and casing procedures. Samples of the in-place materials were recovered at frequent intervals using a standard split spoon driven with a 140-pound hammer freely falling 30 inches(the SPT sampling after ASTM D 1586). The samples of the in-place soils were returned to our laboratory for classification by a geotechnical engineer. The samples were classified in general accordance with the Unified Soil IClassification System(ASTM D 2488). A geotechnical exploration and evaluation of the subsurface conditions have been completed for the proposed Water Main Replacement Project WM-01 &WM-04 in the Village of Tequesta,Florida.A total of six (6) Standard Penetration Test (SPT) borings were extended to a depth of approximately 15 feet below grade. All borings had topsoil at the surface. The subsurface conditions beneath the ' topsoil consisted of gray to brown sand,with a Unified Soil Classification of SP,with occasional trace amounts of limerock. Based on the SPT N-Values recorded,the soils generally have a relative density of loose to medium-dense, with one layer existing in the very-loose condition at the surface. The ground water was generally encountered at depths of between about 3 %2 and 4 %2 for Borings B-1 to B-5,and at approximately 7 feet below grade. All depths should be considered approximate. ' The above subsurface description is of a generalized nature intended to highlight the major subsurface stratification features and material characteristics. The boring logs should be reviewed for specific information at individual boring locations.These records include soil descriptions,stratifications,and ' penetration resistances. The stratifications shown on the boring logs represent the conditions only at the actual boring locations. Variations may occur and should be expected between boring locations. The stratifications represent the approximate boundary between subsurface materials, and the actual transition may be gradual. Water level information obtained during field operations is also shown on the boring logs. The samples that were not altered by laboratory testing will be retained for 30 days from the date of this report and then will be discarded. The soil profiles are depicted on the Geotechnical Engineering Services—Sheet 2,attached to this report. ' Water Main Replacement Project WM-0I&WM-04 TSF TSF Project No.7111-20-438 -5- Groundwater Information Groundwater levels were measured in the borings when first encountered. The groundwater was ' typically encountered between 3 '/2 to 4 '/z feet below the ground surface along most of the corridor, and near 7 feet for easternmost boring location. Groundwater levels are expected to fluctuate with seasonal fluctuations. We expect the groundwater to,typically,fluctuate within about 2 ft from where it was encountered during the drilling operation. At this time, information is not available to assess if groundwater will impact the proposed foundation construction. In general, the seasonal high groundwater level is not intended to define a limit or ensure that future seasonal fluctuations in groundwater levels will not exceed the estimated levels. Post-development groundwater levels could exceed the normal seasonal high groundwater level estimate as a result of a series of rainfall events,changed conditions at the site that alter surface water drainage characteristics, or variations in the duration, intensity,or total volume of rainfall. We recommend that the Contractor determine the actual groundwater levels at the time of the construction to determine groundwater impact on his or her construction procedures. EVALUATION AND RECOMMENDATIONS ' Geotechnical Discussion The geotechnical study completed for the proposed development confirms that the site is suitable for , the planned construction when viewed from a soil mechanics and foundation engineering perspective. Subsurface conditions at the site are not expected to impose any major geotechnical constraints or ' limitations on the proposed construction. Recommendations for site preparation, and related construction are presented in the following sections of this report. Excavations Subsoils found at the site consist primarily of medium dense sandy soil below the existing ground surface.These soils can be excavated with a hydraulically controlled backhoe in good working order. Unsuitable material or organic soils (if any) at the excavation bottoms should be removed and replaced with structural fill. We expect that unbraced cut slopes made in the granular soils at an inclination of 1.7 horizontal to 1 ' vertical will remain stable for short periods of time provided they are not subjected to seepage, surcharge loads(e.g.,from stockpiled soil or equipment)and excessive vibration.Furthermore,open- cut excavations exceeding 10 feet in depth should be properly dewatered and sloped 2H:1 V or flatter or be benched using a bracing plan approved by a professional engineer licensed in the State of Florida. Excavated materials should not be stockpiled at the top of the slope within a horizontal distance equal to the excavation depth. Water Main Replacement Project WM-01&WM-04 TSF TSF Project No.7111-20-438 -6- Dewatering will be required for in-the-dry construction over those sections of the site where the invert elevations of the pipelines fall below the water table. Should sections of the excavation encounter the ' groundwater table, we expect that groundwater control can be accomplished through open pumping in those areas where draw down requirements are 1 foot or less. Open pumping dewatering can most positively be accomplished by over-excavating the trench by 6 to 12 inches and backfilling the over cut section with coarse gravel. Water which flows through the gravel should be directed to a sump, where it can be collected and pumped to a suitable discharge point.Precautions should be taken during open pumping to assure that fines are not withdrawn from the surrounding soils since this could result in undesirable settlement occurring. If the draw down requirements is greater than 1 foot,we believe well point dewatering may be required. However, dewatering in limestone could likely be achieved by sump pumps. tIn Federal Register, Volume 54, No. 209 (October 1989), the United States Department of Labor, Occupational Safety and Health Administration (OSHA) amended its "Construction Standards for ' Excavations,29 CFR,part 1926, Subpart P."This document was issued to better ensure the safety of workmen entering trenches or excavations. It is mandated by this federal regulation that excavations, whether they be utility trenches, basement excavations or footing excavations, be constructed in accordance with the new OSHA guidelines. It is our understanding that these regulations are being strictly enforced and if they are not closely adhered,the owner and the contractor could be liable for substantial penalties. The contractor is solely responsible for designing and constructing stable,temporary excavations and should shore,slope,or bench the sides of the excavations as required to maintain stability of both the excavation sides and bottom. The contractor's responsible person, as defined in 29 CFR Part 1926, should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height,slope inclination,or excavation depth,including utility trench excavation Idepth, exceed those specified in local, state,and federal safety regulations. We are providing this information solely as a service to our client.TSF is not assuming responsibility for construction site safety or the contractor's activities; such responsibility is not being implied and should not be inferred. Trench Backfill Prior to back filling, where possible, the bottom of the excavation should be inspected by a geotechnical engineer to ensure that no loosely placed materials at the bottom. Where possible, the bottom of the excavation should be compacted/densified. The utility line should be,installed over at least 4 inch of granular bedding material (preferably 1 limerock).If organic/soft material is encountered at the bottom of the excavation,we recommend that the unsuitable soils be over-excavated by 2 feet and backfill with limerock. Once the utility pipeline is in place,additional 12 inch of granular material should be placed and compacted to at least 98%of the material's maximum dry density as determined by the Modified Proctor Compaction Test(ASTM fWater Main Replacement Project WM-01&WM-04 TSF TSF Project No.7111-20-438 D 1557). The remainder should be backfilled with suitable fill and compacted to at least 98% of modified proctor. Structural fill used to raise the site to structure bottom levels should consist of clean sand and/or sand and gravel(ASTM D 2487),with a maximum of 12 percent passing the U.S. Standard No.200 sieve. The structural fill should be placed in thin lifts (12-inch thick loose measure), near the optimum ' moisture content for compaction, and be compacted to at least 95 percent of maximum dry density (ASTM D 1557). The structural fill to be placed below the water level should consist of well graded gravel (ASTM D 2487) or clean sand with a maximum of 5 percent passing the U.S. Standard No. 200 sieve. Ground movements and vibrations induced by the excavation and compaction operations should be closely monitored to assess if there is a potential impact to the existing buildings. Lateral Earth Pressures ' Below grade structures should be designed to resist earth pressure from granular backfill, surcharge loads, and unbalanced hydrostatic forces. For walls that are not restrained during backfilling but are free to rotate at the top,active earth pressure should be used in design.Walls that are restrained should be designed assuming at-rest earth pressure. In cases where the wall moves into the backfill,passive earth pressure criteria should be used. Recommended equivalent fluid densities for each pressure condition with no allowance for surcharge loads are presented in Table 1,below. Table 1- Lateral Earth Pressure Coefficients Based on 105 pcf Saturated Unit Weight and an assumed SPT N-Value of 10-20 for the backfill soil compaction, and a phi an le of 30. Above Water Below Water _ Pressure Pressure Mode Symbol Coefficient (pcf) (pcf)* Active Ka 0.33 35 77 At Rest Ko 0.5 53 84 Passive j Kp j 3.00 315 192 * Includes the water pressure weight. Drains not required if design is completed with Below Water Pressure values. OTHER CONSIDERATIONS Preconstruction Conditions Survey A preconstruction conditions survey should be performed prior to any construction at the site. The preconstruction conditions survey will involve visually inspecting and videotape documenting the Water Main Replacement Project WM-01&WM-04 TSF TSF Project No.7111-20-438 -8- [ adjacent structures;photographing observable existing cracks,deterioration,or other signs of distress. The preconstruction conditions survey will provide valuable information of the existing conditions of [ the structures adjacent to the proposed development. It would serve as a qualitative record document of the existing conditions of the adjacent structures prior to the start of construction. [ REPORT LIMITATIONS The recommendations submitted are based on the available subsurface information obtained by TSF and project information furnished by Craven Thompson &Associates, Inc. If there are any revisions to the plans for this project or if deviations from the subsurface conditions noted in this report are encountered during construction, TSF should be notified immediately to determine if changes in the recommendations are required. If TSF is not retained to perform these functions, TSF will not be responsible for the impact of those conditions of the project. [ The geotechnical engineer warrants that the findings, recommendations, specifications, or professional advice contained herein have been made in accordance with generally accepted professional geotechnical engineering practices in the local area. No other warranties are implied or ' expressed. This report has been prepared for the exclusive use of Holtz Consulting Engineers,Inc.for the specific application to the proposed Water Main Replacement Project WM-01 & WM-04 in the Village of Tequesta,Florida. [ If you have any questions pertaining to this report,or as we may be of further service,please contact our office. Respectfully submitted, TIERRA SOUTH FLORIDA,INC. karmb. nnett, P.E. Ramakumar Vedula, P:. ' Principal Engineer Principal Engineer FL Reg.No. 53130 FL Reg No. 54873 Water Main Replacement Project WM-01&WM-04 TSF TSF Project No.7111-20-438 APPENDIX Soil Map—Palm Beach County Area, Florida ' Geotechnical Engineers Services— Sheet I and Sheet 2 Water Main J Replacement Project WM-01&WM-04 TSF P TSF Project No.7111-20-438 11•>:� 11»:: 11 >:� 11:i:� 11 . 11•'�:� IIY:� 11 ♦- 11. : 1: � .a� ]din. - I fa�a*�� 1 �T• i�- ,34c n�,'� - p Gyp: -rP�♦ `a01Y�\e _ +✓c. ... �.,r•MR,1*?•M Ael t► 8 4 ._ V/i '�' t! !a: lw New 0 16 �JF � v Jr fit ,'�■ .o a .� •a° t ad . r ar � ;' YID r.� • . � ✓. � � a, • ; i ,:�'fit` 'r ' !4 eye !� 7 .'wi„ ,�lti •+ S b. 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Replacement Project WM-01 $ WM-04(Holtz Consulting) Map Unit Legend Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI 18 Immokalee fine sand,0 to 2 8.0 9.3% percent slopes 22 Myakka-Urban land complex 5.6 6.5% 35 Quartzipsamments,shaped,0 3.0 3.5% to 5 percent slopes 41 St.Lucie-Paola-Urban land 61.3 71.2% complex,0 to 8 percent slopes �+ 48 Urban land,0 to 2 percent 5.2 6.0% slopes 99 Water 3.0 3.5% Totals for Area of Interest 86.2 100.0% USDA Natural Resources Web Soil Survey 1N2/2021 Conservation Service National Cooperative Soil Survey Page 3 of 3 r . ►r .• f r 4b V lip 'I bum c low 41 tic lop low ir ec , f . .•. RK DATE , 1 1 • . BOR # B-1 BOR # BOR # B-6 DATE 11812021 DATE DATE 11812022 HAMMER Auto HAMMER HAMMER Auto RIG CME-55 RIG RIG CME-55 *** LATITUDE 26.9671 *** LATITUDE *** LATITUDE 26.958 *** LONGITUDE -80.1092 *** LONGITUDE *** LONGITUDE -80,0904 N ** N *a N ** 0 0 TOPSOIL TOPSOIL q 3 9 4 6 13 5 5 14 8 m 11 BROWN TO GRAY SAND (SP) y AY SAND (SP) 5 BROWN TO GRAY SAND (SP) � as 10 26 7 6 10 15 12 9 12 ]5 Boring Terminated Boring T Boring Terminated at Depth of 15ft at Dept at Depth of 15ft MMERS. MER N-VALUES. OBTAIN GPSMap GARMIN 78s. .� DRAWN BY APPROVED BY NICAL ENGINEERING SERVICES Sheet:. ENGINEER OF RECORD. NG RK MAIN REPLACEMENT RAKRISHNAS,_-01 AND WM-04 2 CHECKED BY DATE. FLORIDA J LICENSE NO M KV 01-11-2021 53567 TEQUESTA FLORIDA Client#: 353923 FERRtcUrvo r DATE(MM/DD/YYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE F7toll/01/2CO25 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. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. _ If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Breffni McEntee NAME: Conner Strong &Buckelew PHONE FAX ac No Ed):646-891-4981 (A/C No); 646-843-3936 2 Old Slip, Suite 3204 E-MAIL t connersron ADDRESS: bmcentee @ g•com New York, NY 10005 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Mutual Fire Insurance Co. 123035 INSURED INSURER B:AXIS Surplus Insurance Company 26620 Ferreira Construction Co., Inc. INSURER c:Sutton Specialty Insurance Company 16848 13000 SE Flora Avenue - 1 -- - Hobe Sound, FL 33455 INSURER D: 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. L LTR TYPE OF INSURANCE ADD L SUB POLICY EFF POLICY EXP INSR WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY TB2631510814025 7/01/2025 07/01/202 EACH OCCURRENCE s2, 000,000 CLAIMS-MADE X OCCUR RREMI ETO a occu ence $1,000,000 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $2,000,000 GENT AGGREII��GATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY[X JECOT DX LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY AS2631510814015 7/01/2025 07/01/202 Ea accident SINGLE LIMIT 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILYINJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED X� AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE $ Per accident $ B UMBRELLA LIAB X OCCUR :WA263D510814035 0100376214602 7/01/JPER CH OCCURRENCE $3 OOO OOO �( EXCESS LAB CLAIMS MADE GREGATE s3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION 7/01/ R OTH- AND EMPLOYERS'LIABILITY Yf N ANY PROPRIETOR/PARTNER/EXECUTIVE� OFFICER/MEMBEREXCLUDED? L N N/A .EACH ACCIDENT _ $1,000,000 If In and .DISEASE-EA EMPLOYEE $1 OOO 000 If yes,describe under DESCRIPTION OF OPERATIONS below _ DISEASE-POLICY LIMIT $1,000,000_ C Excess Liability AESIR276AEFF3FCC 7/01/2OM Occ./$20M Agg. 022025 I ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) JCoverage: Contractors Professional& Pollution Liability Carrier: Berkley Assurance Company(NAIC#39462) Effective: 07/01/2025 to 07/01/2026 Policy#: PCAB50253110725 Limits: Contractors Professional=$10,000,000 Each Claim&Aggregate See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Village of Tequesta SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 345 Tequesta Drive ACCORDANCE WITH THE POLICY PROVISIONS. Tequesta, FL 33469 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserve( ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S5534846/M 5489022 ALA DESCRIPTIONS (Continued from Page 1) Pollution =$10,000,000 Each Claim &Aggregate 1Policy Aggregate Limit=$10,000,000 RE: FCC 4521 WM#1 Tequesta Dr.Water Main Replacement Location: Tequesta Dr.from Yacht Club PL to Old Dixie Hwy. Tequesta FL Village of Tequesta and their respective officers, partners, directors, employees, agents, consultants, and subconsultants are Additional Insureds on a primary and non-contributory basis on the above-referenced Commercial General Liability Policy and Automobile Liability Policy if required by written contract. Excess Liability Policies follow form. JA waiver of subrogation applies as required by written contract and permitted by law. 1 ASAGITTA 25.3(2016/03) 2 of 2 #S5534846/M5489022