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HomeMy WebLinkAboutAgreement_General_05/10/2012 (3) f VILLAGE OF TEQUESTA WATER SYSTEM AND GENERAL UTILITY /CIVIL PROJECTS WORK AUTHORIZATION Tequesta Drive Drainage Improvements Seabrook Road to ShortAvenue Engineering Services During Construction This Work Authorization authorizes ARCADIS G &M, Inc. to perform the work set forth herein and is issued pursuant to the "Professional Engineering Consulting Services Agreement for Water System and General Utility /Civil Projects" dated November 17, 2005. All terms and conditions of said agreement shall be applicable to this Work Authorization. SCOPE The Engineer understands that this work authorization shall cover Engineering Services During Construction (ESDC) for the Tequesta Drive Drainage Improvements project. The following specific tasks will be performed by the Engineer. 1. Provide non - fulltime construction oversight (12 hours /week for 12 weeks) and Contract Administration services. COMPENSATION For the services described in Scope Item No. 1 the Engineer shall be paid on a time and materials basis in accordance with the rate schedule in the Agreement an additional $18,000.00 not to be exceeded without prior authorization. For any services that will be sublet, the Engineer shall order their services after obtaining the written authorization of the Client. The Subcontractor shall work directly for the Engineer as delineated within the November 17, 2005 agreement. TIME OF PERFORMANCE The Engineer will complete Scope Item I over the course of the construction contract (150 days) exclusive of delays beyond the control of the Engineer. Page I of 2 r • This authorization can be cancelled with or without cause by the Village with 30 days written notice. Should said cancellation occur, the Engineer will be paid for all services performed through the cancellation date. ACCEPTED BY: VILLAGE OF TEQUESTA (Tequesta Drive Drainage Improvements - Seabrook Rd to Short Ave.) Michael R. Couzzo, Village Manager DATE: -"?. • ! 7 • �' °��� ARCADIS G &M, INC. (Tequesta Drive Drainage Improvements - Seabrook Rd to Short Ave.) Thomas C. Jensen, .E., Vi e President DATE: Page 2 of 2 i 1 PROJECT MANUAL VILLAGE OF TEQUESTA TEQUESTA DRIVE DRAINAGE IMPROVEMENTS PROJECT NUMBER: WF900161 i ARCADIS US, Inc. 2081 Vista Parkway West Palm Beach, FL 33411 TEL: 561- 697 -7000 FAX: 561- 697 -7193 1 C0 N TINA& C SET i 1 i ARCADIS Infrastructure Water Environment Buildings r r r TABLE OF CONTENTS Page Number INVITATION TO BID INV -1 only ' INSTRUCTION TO BIDDERS IB -1 thru IB -4 SPECIAL REQUIREMENTS SR -1 thru SR -3 PROPOSAL P -1 thru P -4 TRENCH SAFETY ACT TSA -1 only CONSTRUCTION AGREEMENT 1 thru 4 r PERFORMANCE BO- 00610 -1 thru 00610 -2 PAYMENT BONDS 00620 -1 thru 00620 -2 GENERAL CONDITIONS 1 thru 42 SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS SGC -1 thru SGC -13 TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS Section 01019 General Requirements 01019 -1 thru 01019 -3 Section 01150 Measurement & Payment 01150 -1 thru 01150 -4 Section 01300 Submittals 01300 -1 thru 01300 -2 Section 01400 General Quality Control 01400 -1 thru 01400 -2 Section 01570 Traffic Regulation 01570 -1 only Section 01720 Record Drawings 01720 -1 thru 01720 -2 r 1 r r DIVISION 2 - SITE WORK Section 02110 Clearing and Grubbing 02110 -1 only Section 02150 Erosion and Sediment Control 02150 -1 thru 02150 -3 Section 02225 Storm Sewers and Appurtenances 02225 -1 thru 02225 -4 Section 02401 Dewatering 02401 -1 only Section 02485 Grassing 02485 -1 only Section 02490 Landscaping 02490 -1 only Section 02500 Road Construction 02500 -1 thru 02500 -4 Section 02610 Pipe and Fittings 02610 -1 thru 02610 -7 Section 02640 Valves 02640 -1 thru 02640 -2 Section 02765 Pavement Markings 02765 -1 thru 02765 -3 DIVISION 3 - CONCRETE Section 03000 Cast -in -Place Concrete 03000 -1 thru 03000 -4 r APPENDIX A Addendum No. 1 Pages 1 — 8 Addendum No. 2 Page 1 Addendum No. 3 Pages 1 — 2 Addendum No. 4 Pages 1 -2 r APPENDIX B Insurance Certificates C (iii) INVITATION TO BID VILLAGE OF TEQUESTA Tequesta Drive Drainage Improvements Sealed proposals will be received by the undersigned at the office of the Village of Tequesta, Public Works Facility, 136 Bridge Road, Tequesta, Florida 33469 -0273, until February 14, 2012 at 2:00 pm at which time and place they will be publicly opened and read aloud. The work for which this proposal is to be submitted consists of road improvements and replacement of existing storm drains and water mains. The work will include approximately 1000 LF of roadway, mill and overlay; and installation of approximately 1000 LF of 48 -inch storm drain using the existing storm drain inlets. This project will also include the replacement of approximately 100 LF of 4 -inch asbestos concrete water main with ductile iron pipe under Tequesta Drive along with replacement of landscaping, sidewalks and associated appurtenances within the proposed work area. A mandatory pre -bid meeting will be required for this project. The mandatory pre -bid meeting will be held at the Village of Tequesta, Public Works Facility, 136 Bridge Road, Tequesta, Florida 33469 - 0273 on January 31, 2012 at 2:00 pm. All work performed shall be in accordance with the Bid Documents pertaining thereto, which may be examined at the Village's Engineer's office of ARCADIS US, Inc., 2081 Vista Parkway, West Palm Beach, FL 33411. One copy of the Bid Documents, including blank bid forms, may be obtained at the office of ARCADIS US, Inc., upon payment of $75.00, which amount will not be refunded. A certified or cashier's check on a national or state bank or a bid bond in a sum not less than five percent (5 %) of the amount of the bid, made payable to the Village of Tequesta, Florida, shall accompany each proposal as a guarantee that the bidder will not withdraw from the competition after the opening of proposals. In the event that the contract is awarded to the bidder, he will enter into the contract and furnish and pay for the required performance and payment bonds, failing to do so may result in the Owner retaining the bid deposit for liquidated damages. Proposals shall be prepared, addressed and submitted in compliance with detailed instructions as set forth in the Instructions to Bidders. The performance and payment bonds in the full amount of the Contract price shall be written by a surety company, acceptable to the Owner, licensed to do business in the State of Florida and listed in the Department of Treasury Federal Register. All bonds shall be countersigned by a Florida resident agent. The Owner reserves the right to reject any or all proposals with or without cause, to waive technical errors and informalities, or to accept the proposal which in his judgment best serves the Owner. OWNER: VILLAGE OF TEQUESTA Job No: WF900161 Publish on: January 15, 2012 INV -1 WF900161 INSTRUCTIONS TO BIDDERS 1.01 SEALED PROPOSALS: Sealed proposals will be received at the time and place designated and then publicly opened and read aloud for furnishing all transportation, labor, materials, tools, supplies, and ' machinery necessary, and performing all operations required for the completion of the Work specified and as shown on the drawings. 1.02 DELIVERY OF PROPOSALS: All proposals, whether mailed or delivered in person, shall be submitted in sealed envelopes bearing on the outside the words "BID ENCLOSED" and, the name of the bidder and his address clearly marked: PROPOSAL FOR VILLAGE OF TEQUESTA Tequesta Drive Drainage Improvements and addressed to: Village of Tequesta Public Works Facility 136 Bridge Road Tequesta, FL 33469 1.03 PROPOSAL FORMS: Submit proposal in DUPLICATE on the forms, or an exact copy of the forms, furnished herewith. The blank spaces shall be filled in correctly for each item and for every item for which a bid is tendered. State the price, typewritten or written in black ink and insert numerals for which items of the work he proposes to do; in case of conflict, words will take precedence. Failure to complete all indicated blanks in the designated manner may result in the bid being declared non- responsive. Qualifications for bidders deemed non - responsive will be rejected without further analysis. Declaration of the non - responsiveness of a bidder shall be at the sole discretion of the Owner. 1.04 SIGNATURE ON PROPOSAL: Sign proposal correctly. If the proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the state under the laws of which the corporation was chartered, also the names and business addresses of its president, secretary, and treasurer. The proposal shall bear the seal of the corporation attested by the secretary. Anyone signing the proposal as agent shall file with the proposal legal evidence of his authority to do so. 1.05 FAMILIARITY WITH LAWS: The bidder is assumed to be familiar with all federal, state and local laws, ordinances, rules and regulations that may in any manner affect the work. The failure to be familiar with applicable laws will in no way relieve him from responsibility. 1.06 EXAMINATION OF SITE AND CONTRACT DOCUMENTS: The bidder is required, before submitting their proposal, to visit the site of the proposed Work and familiarize themselves with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done and the equipment, materials and labor required. The bidder is also required to examine carefully the Contract Documents and form of performance and payment bonds and to be informed thoroughly regarding any and all conditions and requirements that may in any manner affect the Work to be ' performed under this contract. 1.07 CONFIDENTIAL FINANCIAL STATEMENT: If requested by the Owner, a bidder under consideration for award shall furnish a confidential certified financial statement, current within the past quarter, which must be a complete report of the financial resources and liabilities, equipment available, past performance record, personnel and organization experience. 1.08 QUALIFICATION OF BIDDER: The contract will be awarded only to a responsible contractor qualified by experience to do the Work specified. The bidder shall submit, prior to award of contract, r IB -1 WF900161 satisfactory evidence of his experience in like Work and that he is fully prepared with the necessary organization, capital, equipment and machinery to complete the Work to the satisfaction of the Owner within the time limit stated. The Owner will consider the qualifications of the Contractor and the subcontractors if any, in awarding the bid. Bidders are advised that the Owner reserves the sole right to award the project to the bidder which, in the Owner's sole opinion, best serves the interest of the Owner. By submitting a bid, the Contractor and Owner acknowledge that this evaluation process is to some degree subjective. The Contractor further acknowledges that the Owner may apply substantial weight to qualifications in the selection process. The following items, at a minimum, shall be considered; r 1. Have been in the general contracting business under the present name of the organization for a minimum of five (5) years. 2. Be properly licensed to perform work as a Prime Contractor in the State of Florida, the Village of Tequesta and Palm Beach County. 3. Have been awarded and performed as a Prime Contractor on a minimum of five (5) similar projects during the past five (5) years. For purposes of this discussion, a "similar" project shall be considered to include installation of underground pipeline utility systems and experience with 36 -inch or larger reinforced concrete pipe. "Similar" projects shall have a minimum value of $250,000. 4. During the lifetime of the organization, as presently named, the Contractor shall not have defaulted to a bonding company for the completion of any projects referenced under item 3, above. 1.09 DISQUALIFICATION OF BIDDER: The submittal of more than one Proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered and will be cause for rejection of all Proposals submitted by a bidder. 1.10 AWARD OF CONTRACT: The award of the contract, if it is awarded, will be to the lowest and best responsible bidder. Time is of the essence for this project and the time limits set in the proposal, if set by the bidder, will be accorded weight by the Owner in the determination of the best proposal. In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidders and the Owner is satisfied that the bidders are qualified to do the Work and have the necessary organization, capital and equipment to carry out the provisions of the contract to the satisfaction of the Owner within the time specified. The Owner reserves the right to reject any, or all, proposals, with or without cause, to waive technical errors and informalities, or to accept the proposal which in his judgment best serves the Owner. In the event of multiplication, addition, or clerical errors on the Proposal Forms, the Owner may correct these errors to clarify the Bids. The information that results in the lowest cost to the Owner will be utilized. 1.11 RETURN OF PROPOSAL GUARANTY: As soon as the proposals have been compared, the Owner may, at his discretion, return the guaranty deposit accompanying such proposals as in his judgment would not likely be considered in making the award. All other proposal guaranties will be held until the contract and bonds have been executed, after which they will be returned to the respective bidders whose proposals they accompany. 1.12 FAILURE TO EXECUTE THE CONTRACT: The failure on the part of the successful bidder to execute the contract as required will be just cause for the amount of guaranty deposited with the proposal, either in the form of a certified or cashier's check or a bid bond, to be retained or be paid upon demand by the Owner, not as a forfeiture, but rather will be for liquidated damages, it being agreed to by each bidder in advance that the Owner will sustain certain damages by reason of the failure of the bidder to sign the contract and that such damages equal the amount of the bid security, or exceed the same, and in no event shall the bidder thereafter be permitted to contest to the contrary and does waive such right upon submitting a proposal. IB -2 WF900161 1.13 ADDENDA: The Owner reserves the right to revise or amend the Contract Documents prior to the bid opening. Any Addenda issued prior to bid opening shall be binding as if originally written in the Contract Documents. Receipt of all Addenda must be acknowledged on the Bid Proposal Forms. ' 1.14 INTERPRETATIONS AND CLARIFICATIONS OF THE CONTRACT DOCUMENTS: All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer. Replies will be issued by Addenda to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 1.15 TIME OF AWARD: The Owner reserves the right to hold all proposals and bid guaranties for a period not to exceed ninety (90) days after the date of bid opening stated in the Invitation to Bid. 1.16 PROPOSAL MODIFICATIONS: Modifications will be received from bidders prior to opening of first bid. Modifications may be telegraphic or in other written or printed form, but shall be sealed and dated with time stamp before delivery to the Owner. 1.17 MANUFACTURERS: The Contractor shall use only the named manufacturers, except as noted in the General Requirements, Section 01019. Manufacturers named at the time of the bid for an item shall be used. A change of named manufacturers after the bid shall not be allowed without written approval by the Engineer. 1.18 CONTRACT SECURITY: Sections 5.1 and 5.2 of the General Conditions set forth the Owner's requirements with regard to performance and payment bonds. Properly executed performance and payment bonds shall be delivered to the Owner with the executed agreement. All performance and payment bonds for this project shall be in an amount equal to 100% of the Contract Price. The bonds must be executed on the forms provided in these documents and be countersigned by a Florida resident agent. 1.19 SITE USAGE: Contractor shall restrict all activities to the immediate construction area within the road right -of -ways, as approved by the Engineer. The Contractor shall be responsible for the coordination of their activities with their Subcontractors. All work must be performed within the Village's road right - of -ways. Encroachment of vehicles, equipment and personnel onto adjacent property is prohibited. Usage of private property is allowed only after coordination with private property owners that results in written consent. Obtaining this is the responsibility of the Contractor. The Owner must receive a copy of written consent from property owner. Any damage to personal property shall be at the Contractor's expense. The Contractor is strongly encouraged to visit the site prior to submitting a bid. 1.20 PERFORMANCE & PAYMENT BONDS: Bonding companies shall use the enclosed forms. The use of other forms is not acceptable. 1.21 TIE BIDS: Tie bids may be awarded to one of the bidders based upon: 1. Availability of equipment and personnel. 2. Previous work history. 3. Closeness to the project site. Where tie bids are between bidders one of which is a business whose principal place of business is located in Palm Beach County and the other bidder is not, the recommended award shall be to the local bidder. If all conditions are equal, the award shall be determined by drawing lots or flip of a coin. 1.22 DISPUTES: Any actual or prospective bidder who disputes the reasonableness, necessity or competitiveness of the terms and conditions of the Invitation to Bid, bid selection or contract award IB -3 WF900161 l recommendation, shall file such protest in form of a petition in compliance with Rule 13A- 1.006, Florida Administrative Code. Failure to file a protest within the time prescribed in Section 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 1.23 AVAILABILITY OF FUNDS: The obligations of the Village of Tequesta under this Agreement are subject to the availability of funds lawfully appropriated for this project by the State of Florida and the Village of Tequesta. 1.24 TRENCH SAFETY ACT: Bids shall include documentation required by the Florida "Trench Safety Act ". The Trench Safety Act form is included within the Bid Proposal Section for completion by the Contractor and review by the Owner. The unit prices presented in the Bid shall include the Bidders cost of compliance with the applicable trench safety standards. 1.25 SUBCONTRACTORS: For the Owner to be assured that only competent and qualified subcontractors will be employed on this project, each Bidder shall submit in the proposal a list of the subcontractors performing work on this project. This subcontractors list shall include each firm's name, address, telephone number, contact person, and work to be performed. Subcontractors shall be properly registered or licensed with the State of Florida, Palm Beach County and Village of Tequesta. Subcontractors shall, in the Owner's opinion, be qualified both technically and financially to perform the work. The Owner reserves the right to reject any subcontractor who is deemed by the Owner to be unacceptable technically or financially, or has previously performed work for the Owner which the Owner believes to be unsatisfactory. No change may be made to this list of subcontractors by the Contractor, before or after contract award, without the written consent of the Owner. If, prior to award, the Owner rejects any subcontractor, the Contractor shall be afforded the opportunity to submit qualifications for an alternate subcontractor with no attendant increase in the bid price, adjustment of contract time or alteration of the bid documents. Such qualifications will be due within ten (10) days of receipt of notification of subcontractor rejection. Failure to submit an acceptable alternate subcontractor may result in rejection of the bid. 1.26 ENGINEER DUTIES: Throughout this specification, ARCADIS US, Inc. shall be considered the Engineer and will act as the Owner's representative. ARCADIS US, Inc. will assume all duties and responsibilities and have the rights and authority within the Contract Documents in connection with completion of the entire work. The Contractor shall direct all inquires and correspondence through ARCADIS US, Inc., the Engineer. IB -4 WF900161 SPECIAL REQUIREMENTS A. SCOPE OF WORK: The project consists of road improvements and replacement of existing storm drains and water mains. The work will include approximately 1070 LF of roadway, mill and overlay; and approximately 1070 LF of 48 -inch storm drain using the existing storm drain inlets. This project will also include the replacement of approximately 100 LF of 4 -inch asbestos concrete water main with ductile iron pipe under Tequesta Drive along with replacement of landscaping, sidewalks and associated appurtenances within the proposed work area. B. PERMIT/LICENSE CONDITIONS: A Village of Tequesta and Occupational License shall be applied for, and received by the Contractor prior to the start of work. Associated fees will be the Contractor's obligation. The Contractor is also responsible for the following: 1. "Notification of Maintenance" to the Florida Department of Environmental Protection (FDEP)/Health Dept. (HRS) according to FDEP Specification Section 62- 555.520 (c) 2 2. Stormwater Pollution Prevention Plan (SWPPP) must be issued to the Florida Department of Environmental Protection in accordance to FDEP Specifications and Section 02150 of this document prior to the pre - construction meeting. 3. "Notice of Intent (NOI) to use Generic Permit for Stormwater Discharge from Large and Small Construction Activities" to the Florida Department of Environmental Protection according to FDEP Form 62- 621.300 (4) (b) and Section 02150 of this document prior to the pre - construction meeting. 4. Completion of Short Term Dewatering Permits (Mining/Dewatering Permit Application RC- IA, RC -1W, RC -1G and Table B- Description of Pumps) to the South Florida Water Management District (SFWMD) prior to the pre - construction meeting. The Contractor shall have the responsibility of meeting the above agencies requirements. Refer to the permit conditions in the Appendix of these specifications. C. AGENCY NOTIFICATIONS: The Contractor shall be responsible for notifying the appropriate agencies prior to the start of the work. It should be noted that these agencies may require an on -site meeting prior to commencing this portion of the work. The Contractor shall be responsible for meeting these agencies requirements, and informing the Engineer accordingly. D. STORAGE /STAGING AREA: The Contractor will be responsible for arranging for their own storage /staging area. Depending upon the area required, the Contractor may be able to use a portion of private property adjacent to the construction site pending written approval from private property owners. The Contractor is required to submit their plan/location of the storage /staging area to the Engineer for approval. If an agreement has been made with private property owners, a copy of those written agreements must accompany plans for storage /staging area given to the Engineer for approval. If acceptable, the Contractor will be responsible to provide adequate containers /covers and temporary fencing to protect the material/equipment from the elements. E. PROJECT INSPECTION: The Engineer will be inspecting the work on a non -full time basis. The Contractor shall provide appropriate notice of need for inspections and allow time for scheduling. No work shall be covered up, nor tests accepted without prior witness by the Engineer. Inspections by the Engineer shall not be performed in lieu of other inspections required by the Village, County, State or Federal requirements. F. RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: Where pavement, trees, shrubbery, fences or other property or surface structures not designated as pay items, SR -1 WF900161 have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, State laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. G. SEQUENCE OF WORK: The roadway mill and overlay within this project is designed around the drainage system improvements (excluding the swale work) being installed first. This will enable the Contractor to remove and replace the existing drainage pipe adjacent to the street prior to the new roadway mill and overlay. This is expected to be done so that all storm drain inlets are not damaged. If the storm drain inlets are damaged through the construction process, it is the Contractors responsibility to replace the drainage structure. If the storm drain inlets have been damaged prior construction, a predetermined amount of funds will be provided to the Contractor by the Owner. The water main replacement shall take place prior to the roadway mill and overlay as the pipe that is to be replaced is under Tequesta Drive. The Contractor will be required to submit for approval a detailed construction schedule that outlines the proposed sequence of work for this project. This schedule will be reviewed by the Owner and the Engineer for acceptance. The Owner/Engineer reserve the right to change the sequence of work or instruct the Contractor to stop work in one area and commence work in another area of the project, with minimal or no notice to the Contractor. This change in work sequence /direction shall be done in writing by the Owner /Engineer at no additional cost to the Owner. 1 H. NOISE: The Contractor is advised that all construction is in close proximity to several residential areas. All engines used during construction shall be equipped with critical grade mufflers. I. PROGRESS SCHEDULES/MEETINGS: The Contractor shall be required to prepare a monthly update of the project schedule and submit three (3) copies to the Engineer. The updated schedule shall be submitted to the Engineer with each pay request. Pay requests received without the updated schedule will not be processed. The Contractor is required to attend status meetings every two (2) weeks to discuss project progress and shall be able to discuss existing and projected problems, and overall job status. All such meetings shall be held at the job site. The Contractors project manager, superintendent and appropriate subcontractors shall attend all progress meetings. J. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR THE FOLLOWING: 1. Removal of all clearing and grubbing material (no separate payment). 2. Maintenance of Traffic route during working operations. Maintenance of Traffic plan shall be submitted for approval prior to commencing the work, which will require the Engineer's and Village approval. 3. Complete restoration of disturbed areas to a condition equal to or better than the condition of the area before work began. Maintenance of the restored area shall be maintained by the Contractor through final completion of the project. 4. The Contractor shall maintain all sod areas as follows; - Water the restored areas through final completion of the project. This includes replacing any damaged irrigation systems, watering landscaping until green and coordinating the first mowing of the resodded areas. SR -2 WF900161 - Stake all sodded areas that are on a slope greater than 3:1. 5. Proper disposal of all unsuitable material and excess material excavated. 6. Reviewing the project site prior to the bid. It shall be the Contractors obligation to restore any landscaping that is not a pay item that may be disturbed or damaged to the same condition prior to the start of the work at no cost to the Owner. 7. Provide proper dewatering where a wet trench is encountered (no separate payment). 8. The Contractor shall video tape the entire project area prior to the commencement of any work activity. The video will be made in the presence of the Engineer or their representative. The video shall be in DVD format with one (1) full copy provided to the Engineer. 9. The Contractor shall restore the County and Village right -of -ways to their original, or better, condition where disturbed by construction activity. 10. The Contractor shall take all reasonable precautions necessary to prevent turbidity or 1 silting in adjacent storm sewers, swales and lakes. 11. The Contractor shall schedule all inspections at least 48 -hours in advance. All underground installations must be uncovered for inspection. 12. The Contractor will be limited to the extent of drainage demolition that can occur at one time. so that the existing drainage system integrity /functioning is not impacted to the point where flooding of the area could occur. The Contractor should anticipate this in developing their sequence /project approach. SR -3 WF900161 ORIGINAL PROPOSAL TO: VILLAGE OF TEQUESTA P.O. BOX 3273 357 TEQUESTA DRIVE TEQUESTA, FLORIDA 33469 FRONT: FELII AS5ccieafs O F F UROR, IKIC. g5 Z� SW > A '� js - q -s 4 uc ST ft- 3 4`19 � (Hereinafter referred to as Bidder) Gentlemen: The undersigned, as Bidder, proposes to furnish all labor, materials, equipment, services, and incidentals necessary to perform all work in accordance with the Contract Documents entitled: Village of Tequesta, Tequesta Drive Drainage Improvements. Bidder now submits the following and hereby agrees: 1. The only person(s) interested in this bid, or Agreement, as principal are named herein; that the bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith without collusion or fraud, or other illegal practices. 2. To hold Bid open until an Agrccmcnt has been executed between the Village and the accepted Bidder, or until ninety (90) calendar days after the bid opening date, whichever is shorter. 3. To enter into and execute an Agreement on the basis of this Proposal, within twenty (20) calendar days ' after the Notice of Award of the Contract is issued. To furnish the 100% Performance Bond and 100% Payment Bond in accordance with the Contract Documents. Failure to execute the Contract and furnish said Bonds within twenty (20) days shall cause bid security to be forfeited, not as penalty, but as fixed and liquidated damages for costs and expenses incurred, payable into the funds of the Village. 4. To start work within ten (10) calendar days of the Date of Commencement as established in the Notice to Proceed. Work shall be completed within the number of calendar days specified in Article 3 of the Construction Agreement. 5. In the event of multiplication, addition, or clerical errors on the Proposal Forms, the Village may correct these errors to clarify the Bids. The information which results in the lowest cost utilized to the Village will be considered correct. 6. The Bidder acknowledges the receipt of Addenda issued for this project. �J Z Z/3/1 L 3 2/9 / I - Z- 2.110 112 P_1 WF900161 VHA AGE OV TEQUESTAI TEQUESTA DRIVE DRAINAGE EWPROVEMENT UNIT PRICE BID SCHEDULE Memb x I .. WW LS $ 10.0_ ..�`. 4. 2500 SY SUBTOTAL; A, G ENERAL ITEMS'' 7 3 Mo 2 00 LY 5 5 ao f SUBTOTAL B, DEMOLITION s u 2S lr W 4 C C�htb� � -: -150 �. 35 � 4, tl` 1 $ - 1 ; g Sed 700 ■ i d Ix Unit 4i SY 8 �0 50 1� LF D (� o EA ! 135 1 3 5o " FA _ 765 j 2 Z ,,f o 'w nS 1 LS tq 21 . SUBTOTAL C ROAD/DRAINAGE CONSTRUCTION $ l. ?Q1 , 3 20 ID. WOW "plat LF . `� + : � 1 LS ©2� 020 ..... —-- SUBTOTAL D, WATERMAIN REPLACEMENT TOTAL OF SUBTOTALS A, B, C, AND D ._ �J , 7, , : -t AMA) ©uE tWNz�" sf AuE D aas AtOD 00 cewrs P -3 ail The following is a complete list of the subcontractors to be used if the undersigned is awarded the Contract for this project. The subcontractors performing more than $25,000 work (equipment and labor) on this project must be listed below. Subcontractors named below may not be changed by the Contractor. The Owner may request a change under the terms of applicable sections of the General Conditions. 1 Type of Work Name and Address of Subcontractor �1sP6AL_T PREOSIO N PhVIN6- 9 E)VAVA- i 10� r m, FT PIFkr, FL 1 1 Dated thi h s _� day of F 3RMRy 2 ©12 (Month) (Year) Contractor: FELI X 475SOCI AIES OF {"Lf R@l N C. . � °� 5Z SW �NSIJ UE S f} CO" �, �, Address: S — j b L o X ' -OC9 Z By' y ° Title: IQ P -4 WF900161 ' TRENCH SAFETY ACT (90 -96, Laws of Florida) Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price ' are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: Trench Safety Unit of Measure Measure Unit Unit Extended (Description) LF /SF (Quantit Cost Cost A. 796 , /Lt' qo� Lr 1000 2 OC)© B. ' C. TOTAL 2 ' If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125 -1 and Sub - article 1254.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL- TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non - responsive. Contractor agrees that the above safety compliances and costs are included in his bid package. Signature of Bidding Contractor lJ . TSA -1 WF900161 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Felix Associates of Florida Inc. 8526 SW Kansas Avenue Stuart FL 34997 as Principal, hereinafter called the Principal, and Arch Insurance Company Three Parkway, Suite 1500, Philadelphia, PA 19102 a corporation duly organized under the laws of the State of MO as Surety, hereinafter called the Surety, are held and firmly bound unto Village of Tequesta, Florida 250 Tequesta Drive, Tequesta, FL 33469 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for T equesta Drive Drainage Improvements, Project #f_ WF900161, consisting of road improvements and replacement of existing storm drains and water mains located in Tequesta, FL, NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of February 2012 ' Felix Associates of Florida, Inc. (Principal) (Seal) (Wifness) ' }q Arch insurance many — \. u� Surety) eai, 4! Frft c n -Fe- :SUS iUp 5 �Tiva) Non - Resident Florida License NV P186338 -- - Al I DO Z: MEN'T A314) 0 BID HOND 0 ALA s FEBRUARY 19 ED. * TEM AMERICAN ' P�sTTrUTEOFARCEE[TEC.7S.1 ^3S \.1. AVE., N.1 - WASHINGTON. D.C.20(X)6 AIC 0000007458 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: ' That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company ") does hereby appoint: Camille Maitland, Colette R. Chisholm, George O. Brewster, Gerard S. Macholz, Rita Sagistano, Robert T. Pearson, Susan Lupski and Thomas Bean of Garden City, NY (EACH) ' its true and lawful Attorney(s)in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ( $90,000,000.00 ). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and 1 acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2CH1, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being infull force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or tine ECecufive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOM LOO 13 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000007458 , In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 20 day of Januarv 2012. Attested and Certified Arch Insurance Company ( tj 119n $ ) Aartinils , Secretary David M. in a stein, Executive Vice President STATE OF PENNSYLVANIA SS ' COUNTY OF PHILADELPHIA SS I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be t the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMONWRAtffM 9F NOTARIAL SEAL KATHLEEN MAKINKUS, Ntary Public Clty of Pl holphle, Phle. Cwn Mou W Wi 11, tt en Marcinkus, Not Public My commission expires 3/14/2014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated January 20, 2012 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN T STIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this _8TH -day of __FEBRUARY , 20 12 artrn J. Nils n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance - Surety Division 4 Z 3 Parkway, Suite 1500 �► " " + Philadelphia, PA 19102 C SEAL 19#1 OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. t ' ACKNOWLEDGEMENT OF PRINCIPAL — IF A CORPORATION STATE OF .... ...... )SS COUNTY OF... �1 ........ } ....!. ' �* 2 before me personally appeared 2 On this... h '�' ............... day of..... ...... RU ............, ....... ylA%�!!� ...'!? ............ to be known, who, being by me duly sworn did epose and say; that he /she 1 .. .................... of resides at s!!�. FL....... that he /she is the �� J!J ELI X IIsSOCI d}7L�' VF pA c the corporation described in and which executed the within insurance instrument; that lie /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he /she signed his/her name thereto b : �V+ P' RUSSELL COMBS A +.+= MY COMMISSION # DD 873675 f ' •/ EXPIRES: May 5, 2013 � Bonded Thru Notary Public Underwriters ACKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LIABILITY COMPANY STATE OF ......................... } SS ' COUNTY OF ....................... } t On this ............................. day of ...... ............................... ................ before me personally appeared ........................................... ............................... to me known and known to me to be the • ............................. .............................of ............................................. ............................... a Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me that he /she executed the foregoing insurance instrument and acknowledged to me that he /she executed the same as and for the act and deed of said Limited Liability Company. 1 ............................. ............................... ACKNOWLEDGMENT OF SURETY COMPANY STATE OF.. NEW YORK } SS COUNTY OF ..NASSAU . ... .. .. } On this FEBRUARY 8 2 012 before me personally came... SUSAN LUPSKI ......... .......... ........................... i to me known, who, being by me duly sworn, did depose and say; that he /she resides in ... .... .............. NASSAU COUNTY ................... State of ...... New. Y. ork .............................at he /she is the Attorney -In -Fact Of the .ARCH INSU . RANCE COMPANY ........ ............................... ,the corporation described in which executed the ...................... 1 above instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section I I I I of the Insurance Law of the State of New York issued t0 . INSURANCE COMPANY ... ... .... ... y) his/her certifica f .(Buret is/he i ate o qualification evidencing the qualification of said Company and its suffici any law of the State of New York as surety and guarantor, and the propriety of acceptinf, -afid a r wing,.' as such; and that such ' certificate has not been revoked. GRACE ACKERSON . " "' Notary Public, State of New York Notary Public No. 01AC6111 590 Qudlified in Nd55dU County NY acknowledgment Commission Expires June 14, 2012 ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 201 Assets Cash in Honks Bonds owned Stocks 367,171,766 Prei in course of collection 146,97$,596 Accrued interest and other assets 268 448 878 Total Assets $ 1,92 I.-i@bilities, Reserve for losses and adjustment expenses $ 681,380,653 Reserve for unearned premiums 139,311,239 Ceded reinsurance premiums payable 92j26,263 Amounts withheld or retained by company for account of others 143,242,640 Reserve for taxes, expenses and other liabilities 255558983 Total Liabilities 1,312,219,778 Surplus as regards policyholders 815,782,867 Total Surplus and Liabilities 1,928,0 645 By- Attest: Senior Vice President, Chief enfor V1 President, Secretary Financial Officer and Treasurer nd Gen ral Counsel State of New York SS County of Nassau Thomas James Ahern and Martin John Nilson, being duly sworn, say that they are Senior Vice President and Chief Financial Officer and Secretary, respectively, of ARCH INSURANCE COMPANY, Missouri, and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 201 Subscribed and sworn to before me, this 1 4 1 " day of March, 2011 Notary Public CONSTRUCTION AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2011 by and between THE VILLAGE OF TEQUESTA (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: For the complete construction of the Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Village of Tequesta, Tequesta Drive Drainage Improvements Article 2. ENGINEER. The Project has been designed by: ARCADIS US, Inc. 2081 Vista Parkway West Palm Beach, FL 33411 ARCADIS US, Inc. is hereinafter called ENGINEER and will act as OWNER's representative, assume all ' duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed within 150 days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 180 days from the date when the Contract Time commences to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and ' difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Fifty Dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion of the Work. After substantial completion if Contractor shall neglect, refuse or fail to complete the remaining work within the Contract time or any proper extension granted by Owner, Contractor shall pay Owner One Hundred Fifty Dollars ($150.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for Final payment. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the ' Contract Documents in current funds at the unit prices defined within the Proposal. Article 5. PAYMENT PROCEDURES. 1 WF900161 E CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine, or ' OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended ' by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST - N/A ' Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 1 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, ' progress, performance or furnishing of the Work. 7.2. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.03 of the General Conditions. 7.3. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.4. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 2 WF900161 r Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 8.1. This Agreement (pages 1 to 4, inclusive). 8.2. Performance and other Bonds, consisting of 4 pages. 8.3. General Conditions (pages 1 to 42, inclusive). 8.4. Supplementary Conditions (pages SGC -1 to SGC -11, inclusive). 8.5. Specifications bearing the title Village of Tequesta, Tequesta Drive Drainage Improvements and consisting of 3 divisions and 45 pages, as listed in the table of contents thereof. 8.6. Drawings consisting of a cover sheet and sheets numbered 1 through 5 inclusive with each sheet bearing the following general title: Village of Tequesta, Tequesta Drive Drainage ' Improvements. Refer to General Requirements. 8.7. CONTRACTOR's Bid (pages P -1 to P -5, inclusive). 8.8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.04 and 3.05 of the General Conditions. 8.9 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). r There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 and 3.05 of the General Conditions. Article 9. MISCELLANEOUS. ' 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 1 3 WF900161 r r IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER and CONTRACTOR, and two (2) to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on r r OWNER: CONTRACTOR: VILLAGE OF TEQUESTA FtuX &5SvCIATES r✓F rI�Q'�A. t NC 1 'l By By V . U ;�l .•..•� -�y� V1�10ENt AA1!}`l0, PR6S1JEA✓T e,,4Al�f 1 • t : O I� A S P [CORPORATE SEAI,��. •%��, ```�`atuull "111n , y . A GF Attest �(/ � V �� A Attest ; _ 2 �t Address for giving notices _y: 09 y Q Address for giving notice , �o i >� %�` �SZ �o 5 W K &�skS �)V ''�iO`��a P.O. Box 3273 S oT sr C F O ; ays s 1 Fi- 349q7 ' ' 10 10 1 0 114 r Tequesta, FL 33469 -0273 , ..• ' (561)575 -6200 %�OR 1 License No. ' C GL 150774f If CONTRACTOR is a corpora- tion, attach evidence of authority to sign.) r r r r 4 WF900161 Performance Bond t Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND NO. SU1113824 r CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place FELIX ASSOCIATES OF FLORIDA, INC. of Business): 8526 SW KANSAS AVENUE STUART, FL 34997 ARCH INSURANCE COMPANY THREE PARKWAY, SUITE 1500 OWNER (Name and Address): PHILADELPHIA, PA 19102 Village of Tequesta 250 Tequesta Drive Tequesta, FL 33469 CONTRACT Date: '/�' ' / 1.,► -° Amount: $373,15.00 THREE HUNDRED SEVENTY THREE THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS AND 00/100 Description (Name and Location): TEQUESTA DRIVE DRAINAGE IMPROVEMENTS, TEQUESTA, FL BOND Date (Not earlier than Contract Date): /llxbj . / Y U� } Amount: $373,175.00 THREE HUNDRED SEVENTY REE THOUSAND US ONE HUNDRED SEVENTY FIVE DOLLARS AND 00/100 Modifications to this Bond Form: NONE Surety and Contractor, intendin g legally Y to be le all bound hereby, subject to the terms printed on the reverse side hereof, do each cause this J Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. i CONTRACTOR AS PRINCIPAL SURETY Company: (totp: Seal) '.company: / Corp. Seal) FELIX ASSOCIATES OF FLORIDA, INC. "ARCH INSURANCE �PANY Signature: . signature: Name and Title: VIWEv. i jft)RIG Pecs ID r.14 t.. Name an itle: SUSAN LUPSKI, ATTO Y -IN -FACT (Attach Power of Attorney ON- RESIDERIf FLORIDA LICENSE NO. P186338 (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910 -28 -A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to lie Owner for 00610 -1 i the performance of the Contract, which is incorporated herein by reference. denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 2. If the CONTRACTOR performs die Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in 6. Auer the OWNER has terminated the CONTRACTOR's right to complete conferences as provided in paragraph 3.1. the Contract, and if the Surety elects to act under paragraph 4.1, 4 2, or 4.3 above, then the responsibilities of the Surely to the OWNER shall not be greater 3. If there is no OWNER Default, the Surety's obligation under this Bond shall than those of the CONTRACTOR under the Contmct, and the responsibilides of arise after: the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment 3.1 The OWNER has notified the CONTRACTOR and the Surety at the by the OWNER of the Balance of the Contract Price to mitigation of costs and addresses described in paragraph 10 below, that the OWNER is damages on the Contract, the Surety is obligated without duplication for considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and 6.1 The responsibilities of the CONTRACTOR for correction of defective tie Surety to be held not later than fifteen days after receipt of.such Work and completion of the Contract; notice to discuss methods of performing the Contract. if the owner, the CONTRACTOR and the Surety agree, the CONTRACTOR shall 6.2 Additional legal, design professional and delay costs resulting from be allowed a reasonable time to perform the Contract, but such an the CONTRACTOR'S Default, and resulting from the actions or agreement shall be allowed a reasonable time to perform the Contract, failure to act of the Surety under paragraph 4; and but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- 3.2 The owner has declared a CONTRACTOR Default and formally performance of the CONTRACTOR. terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than 7. The Surety shall not be liable to the OWNER or others for obligations of the twenty days after the CONTRACTOR and the Surety have received CONTRACTOR that are unrelated to the Contract, and the Balance of the notice as provided in paragraph 3.1; and Conti-act Price shall not be reduced or set off on account of any such unrelated obligations. No right or action shall accrue on this Bond to any person or entity 3.3 The owner has agreed to pay the Balance of the Contract Price to; other than the OWNER or its heirs, executors, administrators, or successors. 3.3.1. The Surety in accordance with the terms or tie Contract; S. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontmets, purchase orders and other obligations. 3.3.2. Another contractor selected pursuant to paragraph 43 to perform the Contract. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or pari of the 4. When the owner has satisfied the conditions of paragraph 3, the Surety shall Work is located and shall be instituted within two years after CONTRACTOR promptly and at the Surety's expense take one of the following actions: Default or within two years alter the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this 4.1 Arrange for the CONTRACTOR, with consent or the OWNER, to Bond, whichever occurs first. If the provisions of this paragraph are void or perform and complete the Contract; or prohibited by law, the minimum period of limitation available to suddes as a defense in thejurisdiction orthe suit shall be applicable. 4.2 Undertake to perform and complete the Contact itself, through its agents or through independent contractors; or 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and 11. When this Bond bas been furnished to comply with a statutory or other legal completion or the Contract, arrange for a contract to be prepared for requirement in the location where the Contract was to be performed, any execution by the OWNER and the contractor selected with the provision in this Bond conflicting with said statutory or legal requirement shall OWNER's concurrence, to be secured with performance and payment be deemed deleted herefrom and provisions conforming to such statutory or bonds executed by n qualified surety equivalent to the Bonds issued on other legal requirement shall be deemed incorporated herein. The intent is, that the Contract, and pay to the OWNER die amount of damages as this Bond shall be construed as a statutory Bond and not as a common law bond. described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; 12. DEFINITIONS or 12.1 Balance of the Contract Price: The total amount payable by the 4.4 Waive its right to perform and complete, arrange for completion, or OWNER to the CONTRACTOR under the Contract afiLr all proper obtain a new contractor and with reasonable promptness under the adjustments have been made, including allowance to the circumstances; CONTRACTOR of any amounts received or to be received by the ' OWNER in settlement of insurance or other Clnims for damages to 4.4.1. After investigations, determine the amount for which it may be which the CONTRACTOR is entitled, reduced by all valid and proper liable to the OWNER and, as soon as practicable after the payments made to or on behalf of the CONTRACTOR under this amount is determined, tender payment therefor to the OWNER; Contract. or 12? Contract: The agreement between the OWNER and the 4.4.2. Deny liability in whole or in part and notify the OWNER citing CONTRACTOR identified on tie signature page, including all reasons therefor. Contract Documents and changes thereto. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable 12.3 CONTRACTOR Default: Failure of the CONTRACTOR, which has promptness, the Surety shall be deemed to be in default on this Bond fifteen neither been remedied nor waived, to perform or otherwise to comply days after receipt of an additional written notice from the OWNER to tie Surety with the terms of the Contract. demanding that die Surety perform its obligations under this Bond, and the 12.4 OWNER Default: Failure of the OWNER, which has neither been ' OWNER shall be entitled to enforce any remedy available to the OWNER. If remedied nor waived, to pay the CONTRACTOR as required by the the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses tie Contract or to perform and complete or comply with the other terms payment tendered or the Surety has thereof. 00610 -2 AIC 0000037266 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company ") does hereby appoint: Camille Maitland, Colette R. Chisholm, George O. Brewster, Gerard S. Macholz, Rita Sagistano, Robert T. Pearson, Susan Lupski and 1 Thomas Bean of Garden City, NY (EACH) its true and lawful Attorney(s)in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ( $90,000,000.00 ). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000037266 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 22 day of March 2012. Attested and Certified Arch Insurance Company �vrance c t U sm .� KA actin 4��cry David M. in a stein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKUS, NoUry Public Clty of POiladalPtlle, Pt>tle. C4un MUMaft"NI MIA 11, 4 __ Kat teen Marcinkus Not Public My commission expires 3/14/2014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 22, 2012 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 18TH- -day of APRIL_, 2012 artin J. Nils n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 �n Philadelphia, PA 19102 i CX,HW'�MATE �'D SEAT iL 1971 ' Miss "d OOM LOO 13 00 03 03 Page 2 of 2 Printed in U.S.A. ' 1 ACKNOWLEDGEMENT OF PRINCIPAL — IF A CORPORATION STATE OF ..... Fl -.... .... )SS COUNTY OF....�A�T1�......} On this ........ 2 3 ............... day of.... A M � ........... . 2x12 , , before me personally appeared ....... to be known, who, being by me duly swoJ� cn� did depose and say; that he /she ,,rt e�sides at 4 .........., that he /she is the ... PK S/v �.! .................... of 1E�!x!SS�c,�7F_s vi- Fc2�,�A,�!JC, the corporation described in and which executed the within insurance instrument; that lie /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed b d '''•� corporation; and that he /she signed his/her name thereto b like order. ���P�� =. RUSSELL COMBS y , MY COMMISSION 8 DD 873675 EXPIRES: May 5, 2013 4f, t Bonded Thru Notary Public Underwriters L , ✓' ... ............................... ACKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LIABILITY COMPANY STATE OF .........................} SS COUNTY OF .......................} On this ............................. day of ...... ............................... ................ before me personally appeared ........................................... ............................... to me known and known to me to be the .............................. .............................of ......................... .......... ...... .... .....................,......... a Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me that he /she executed the foregoing insurance instrument and acknowledged to me that he /she executed the same as and for the act and deed of said Limited Liability Company. ............................. ............................... ACKNOWLEDGMENT OF SURETY COMPANY STATE OF , NEW YORK } SS COUNTY OF ..NASSAU } On this APRIL 18, 2012 before me personally came ... s AM LUPSKI .......... ............................... to me known, who, being by me duly sworn, did depose and say; that he /she resides in NASSAU COUNTY ., State of . .New.Y.ork.. .at he /she is the Attorney -In -Fact o the , ARCH . INSURANCE COMPANY .... ............................... the corporation described in which exec uted the above instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he /she signed his/her naJ.ne thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued to ., ARCH CE INSURAN COMPANY .... (Surety) his/her certificate of qualification evidencing the qualification of said Company and its su fi ' ep der any law of the State of New York as surety and guarantor, and the propriety of accepti and a g J � as such; and that such certificate has not been revoked. GRACE ACKERSON ................ .... ......................... Notary PuDhc, Stdte of New York Notary Public No. 0 LAC6111590 Qudlitied in Nassau County NY acknowledgment Commission Expires June 14, 2012 j ARCH INSURANCE~ COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2011 1 Assets Cash in Banks $ 117,690,832 Bonds owned 1,258,246,334 Stocks 366,270, 043 Premiums in course of collection 149,107,088 Accrued interest and other assets 321 Total Assets $ 2,213,086,884 Li bilities L Reserve for losses and adjustment expenses $ 856,214,624 Reserve for unearned premiums 282,067,655 Ceded reinsurance premiums payable 76,916,745 Amounts withheld or retained by company for account of others 143,263,809 Reserve for taxes, expenses and other liabilities 284,887,844 Total Liabilities 1,643,350,677 Surplus as regards policyholders 569 Total Surplus and Liabilities $ 2,213,086,884 By: _ Attest: enio 'ice President, Chie Senior Vice President, and Financial Officer and Treasurer General Counsel State of New York) SS County of Nassau ) Thomas ,James Ahern, Senior Vice President and Chief Financial Officer and Treasurer and Patrick K. Nails, Senior Vice President and General Counsel being duly sworn, of ARCH INSURANCE COMPANY,. Missouri; and that the foregoing is a truean. d correct statement of financial condition of said company, as of December 31, 20III Subscribed and sworn to before me, this, clay of March, 2012 Notary Public uft ii 0 N � Wd Ie r' r. Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND NO. SU1113824 CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place FELIX ASSOCIATES OF FLORIDA, INC. of Business): 8526 SW KANSAS AVENUE STUART, FL 34997 ARCH INSURANCE COMPANY OWNER (Name and Address): THREE PARKWAY, SUITE 1500 Village of Tequesta PHILADELPHIA, PA 19102 250 Tequesta Drive Tequesta, FL 33469 CONTRACT Date: /u fJ [J /.�L- Amount: $373,5.00 THREE HUNDRED SEVENTY THREE THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS AND 00/100 Description (Name and Location): TEQUESTA DRIVE DRAINAGE IMPROVEMENTS TEQUESTA, FL BOND Date (Not earlier than Contract Date): A4� ��� =� U /� Amount: $373,175.00 THREE HUNDRED SEVEaY THREE THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS AND 00/100 Modifications to this Bond Form: PARAGRAPH 6 IS DELETED IN ITS ENTIRETY Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Com : (Cct p. Seal) Cain (Corp. Seal) FELIX ASSOCIATES0 F FLORIDA, INC. ARCH INSURANCE MPANY Signature: / ' / �� Signature: Name and Title: l INCEuT AMAZ� /�REStDF,v Name an it1e: SUSA LUPSKI ORNEY -IN -FACT NO DENT FLORIDA LICENSE NO. P186338 (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR O OR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910 -28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Documents Committee, the Associated General Contractors oFAmerica, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. r 00620 -1 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to die Owner to pay 7. The Surety's total obligation shall not exceed the amount of this Band, and for labor, materials and equipment furnished for use in the performance of the Hie amount of this Bond shall be credited for any payments made in good faith Contract, which is incorporated herein by reference. by the Surety. 2. With respect to die Owner, this obligation shall be null and void if the CONTRACTOR 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for die performance of the Contract and to satisfy claims, if any, 2.1. Promptly makes payment, directly or indirectly, for all sums due under any Performance Bond. By the CONTRACTOR furnishing and the Claimants, and OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy 2.2. Defends, indemnifies and holds harmless the OWNER from all obligations of the CONTRACTOR and the Surety under this Bond, subject to claims, demands, liens or suits by any person or entity who furnished the OWNER's priority to use the finds for the completion of the Work. labor, materials or equipment for use in the performance of the Contract, provided tie OWNER has promptly notified the 9. The Surety shall not be liable to the OWNER, Claimants or others for CONTRACTOR and the Surety (at the addresses described in obligations of the CONTRACTOR that are unrelated to the Contract. The paragraph 12) of any claims, demands, liens or suits and tendered OWNER shall not be liable for payment of any costs or expenses of any defense of such claims, demands, liens or suits to die Claimant under this Bond, and shall have under this Bond no obligations to CONTRACTOR and the Surety, and provided there is no OWNER make payments to, give notices on behalf of, or otherwise have obligations to Default. Claimants under this Bond. 3. With respect to Claimants, this obligation shall be null and void if the 10. The Surety hereby waives notice of any change, including changes of time, CONTRACTOR promptly makes payments, directly or indirectly, for all sums to the Contract or to related Subcontracts, purchase orders and other obligations. due. 11. No suit or action shall be commenced by a Claimant under this Bond other 4. The Surety shall have no obligation to Claimants under this Bond until: that in a court of competent jurisdiction in the location in which the Work or part of the Work is located or armor the expiration of one year from the date (1) 4.1 Claimants who are employed by or have a direct contract with the on which the Claimant gave the notice required by paragraph 4.I or paragraph CONTRACTOR have given notice to the Surety (at the addresses 4.2.3, or (2) on which die last labor or service was performed by anyone or the described in paragraph 12) and sent a copy, or notice thereof, to the last materials or equipment were furnished by anyone under the Construction OWNER, stating that a claim is being made under this Bond and, Contract, whichever of (1) or (2) first occurs. if the provisions of this paragraph with substantial accuracy, the amount of the claim. are void or prohibited by law, the minimum period of limitation available to surdities as a defense in the jurisdiction of the suit shall be applicable. 4.2 Claimants who do not have a direct contract with the CONTRACTOR: 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to die addresses shown on the signature page. Actual receipt of notice 1. Have furnished written notice to the CONTRACTOR and sent a by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be copy, or notice thereof, to the OWNER, within 90 days after sufficient compliance as of the date received at the address shown on the having last performed labor or last furnished materials or signature page. equipment included in the claim stating, with substantial accuracy, the amount of the claim and die name of the party to whom die 13. When this Bond has been famished to comply with a statutory or other legal materials were furnished or supplied or nor whom the labor was requirement in the location where the Contract was to be performed, any done or performed; and provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or 2. Have either received a rejection in whole or in part from the other legal requirement shall be deemed incorporated herein. The intent is, that CONTRACTOR, or not received within 30 days of furnishing the this Bond shall be construed as a statutory Bond and not as a common law bond. above notice any communication from the CONTRACTOR by which die CONTRACTOR had indicated die claim will be paid 14. Upon request of any person or entity appearing to be a potential beneficiary directly or indirectly; and or this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to 15. DEFINITIONS the OWNER, stating dint a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to 15.1 Claimant: An individual or entity having a direct contract with the Hie CONTRACTOR. CONTRACTOR or with a Subcontractor of the CONTRACTOR to famish labor, materials or equipment for use in the perrorinnnce of the S. If a notice required by paragraph 4 is given by the OWNER to the Contract. The intent of this Bond shall be to include without limitation CONTRACTOR or to the Surety, that is sufficient compliance. in Hie terms `9abur, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment 6. When Hie Claimant has satisfied tie conditions of paragraph 4, the Surety used in die Contract, architectural and engineering services required for shall performance of the Work of the CONTRACTOR and tine promptly and CONTRACTOR's Subcontractors, and all other items far which a at the mechanic's lien may be asserted in tile jurisdiction where the labor, Surety's materials or equipment were furnished. expense take the following 15.2 Contract: The agreement between the OWNER and the actions: CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 6.1 Send an answer to the Claimant, will a copy to the OWNER, within 45 days alter receipt of the claim, stating the amounts that are 15.3 OWNER Default.• Failure of die OWNER, which has neither been undisputed and the basis for challenging any amounts drat are remedied nor waived, to pay the CONTRACTOR as required by the disputed. Contract or to perform and complete or comply with the other terms thereof. 6.2 Pay or arrange for payment of any undisputed amounts. D062D -2 AIC 0000037265 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those teamed herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri having its principal - administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company ") does hereby appoint Camille Maitland, Colette R. Chisholm, George O. Brewster, Gerard S. Macholz, Rita Sagistano, Robert T. Pearson,an Lupski and Thomas Bean of Garden City, NY (EACH) its true and lawful Attorney(s)in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ( $90,000,000.00 ). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey, This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000037265 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 22 day of March 2012. Attested and Certified Arch Insurance Company o� cx�nn - -- U suu I _ �gn Oi� ilOKS�ecr;e ta ry David M. in a stein, Executive Vice President STATE OF PENNSYLVANIA SS Mood COUNTY OF PHILADELPHIA SS I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. 5at!0NWKAt -TN OF RE!# AMA NOTARIAL SEAL KATHLEEN MARCIhtI(US, Notary Public City of t' Wilphla, P11110. Cow I MIA 11, 4 Kathleen Marcinkus, Notiry Public My commission expires 3/14/2014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 22, 2012 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 18TH _day of _APRIL _____, 20_ -- — - ---- --- --- _ - - -- ------------------------ artin J. Nils — n, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 - [n �O Philadelphia, PA 19102 4` SFltl aFn Mt3i�r� OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. ACKNOWLEDGEMENT OF PRINCIPAL — IF A CORPORATION STATE OF ........ FL .......... ) SS COUNTY OF ... MAeTtN } On this........... 23............ day of..... A PR I L......... 7012 before me personally appeared ........ VI C n! ,,, AV! To . .. .... ... to be known, who, being by me duly swo!r�, did dose and say; that he /she r sides at ,7.P IT r Q� . IFL ........ that he /she is the .....t.'. ...' S /. ......................... of the corporation described in and which executed the within insurance ........... ......... instrument; that lie /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board o f D' L' e< of said corporation; and that he /she signed his/her name thereto by like order. RussEUCOMSs tipY Py, ' ' ; *: "JY Cp ION # 013 � J EXPIRES: IRES: 5, May 5, 20 en ,' Bonded Thru Notary Public Und vriters j- ACKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LIABILITY COMPANY STATE OF .........................} SS COUNTY OF .......................} On this ..... . ....................... day.. of ..... ............................ ................ before me personally appeared ...... ............................... .. ... to me known and known to me to be the .............................. .............................of ............................................. .............................., a Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me that he /she executed the foregoing insurance instrument and acknowledged to me that he /she executed the same as and for the act and deed of said Limited Liability Company. ............................. ............................... ACKNOWLEDGMENT OF SURETY COMPANY STATE OF , NEW YORK ) SS COUNTY OF ..NASSAU . } On this APRIL 18: 2 . 0 . 1 . 2 before me personally came ... susA LUPSKI ...... ............................... to me known, who, being by me duly sworn, did depose and say; that he /she resides in NASSAU COUNTY ., State of . .New.Y.ork. .at he /she is the Attorney -In -Fact of the . ARCH INSURANCE COMPANY n the corporation described in which executed the above instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he /she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York issued to . IN SURANCE COMPANY ... (Surety) his/her certificate of qualification evidencing the qualification of said Company and its picir any law of the State of New York as surety and guarantor, and the propriety of acce nit as such; and that such certificate has not: been revoked. GRACE ACKERSON Notary Public, State or New York No.01AC6111590 Notary Qualified in Nassau County NY acknowledgment Commission Expires June 14, 2012 ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2011 Assets Cash in Banks $ 117,690,832 Bonds owned 1,258,246,334 Stocks 366,270, 043 Premiums in course of collection 149,107,088 Accrued interest and other assets 321 Total Assets $ 2,213 086,884 Liabilities Reserve for losses and adjustment expenses p $ 856,214,624 Reserve for unearned premiums 282,067,655 Ceded reinsurance premiums payable 76,916,745 Amounts withheld or retained by company for account of others 143,263,809 Reserve for taxes, expenses and other liabilities 284,887,844 Total Liabilities 1,643,350,677 Surplus as regards policyholders 569,736,207 Total Surplus and Liabilities $ 2 By: Attest: enio - ice President, Chie Senior Vice President, and Financial Officer and Treasurer General Counsel State of New York) , SS County of Nassau) Thomas ,lames Ahern, Senior Vice President and Chief Financial Officer and and Patrick K. Nails, Senior vice President and General Counsel being duly sworn, f ', of ARCH INSURANCE COMPANY,. Miss ouri; and that the foregoing is a true and co "N66t" statement of financial condition of said company, as of December 31, 2011. Subscribed and sworn to before me, this" day of March, 2012, 15,�it3ry Public . \ ,CAME New Yb4, Arch Insurance Group April 18, 2012 Village of Tequesta, Florida 250 Tequesta Drive Tequesta, FL 33469 To Whom It May Concern: We hereby give you the authorization to date these bonds with the fully executed contract date. All other terms and conditions will remain the same. Please note that if the bonds are not dated within (6) six months of this letter then they are void and the surety will have no liability. Arch In ance om y r Su an Lupski, ttorn -In -Fact One Liberty Plaza - 29 11, Floor, New York, NY 10006 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CON - TRACT DOCL - MENTS COMNIITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner - Contractor Agreements (No. 1910 -8 -A -1 or 1910-8 - A -2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910 -50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910 -17) (1996 Edition). - EJCDC No. 1910 -8 (1996 Edition) Copyright ®1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 - American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 100 17 2 TABLE OF CONTENTS RM ARTICLE 1 - DEFINITIONS AND TERMINOLOGY .................................................................................. ..............................6 1.01 Defined Terms ..................................................................................................................... ..............................6 1.02 Terminol ogy ......................................................................................................................... ..............................8 ARTICLE 2 - PRELIMINARY MATTERS ..................................................................................:................. ..............................9 2.01 Delivery of Bonds ..........................................................................................:..................... ..............................9 2.02 Copies of Documents ........................................................................................................... ..............................9 2.03 Commencement of Contract Times; Notice to Proceed ..................................................... ..............................9 2.04 Starting the Work ................................................................................................................ ..............................9 2.05 Before Starting Construction .............................................................................................. ..............................9 2.06 Preconstruction Conference ................................................................................................ .............................10 2.07 Initial Acceptance of Schedules ........................................................................................... .............................10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................ .............................10 3.01 Intent .............. ............................... .............. .......................................................................... .............................10 3.02 Reference Standards ............................................................................................................. .............................10 3.03 Reporting and Resolving Discrepancies ............................................................................ ............................... l l 3.04 Amending and Supplementing Contract cumenis ........................................................... .............................11 3.05 Reuse of Documents ............................................................................................................. .............................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS........................................................................................................................................ ............................. 4.01 Availability of Lands .......................................................................................................... .............................1 4.02 Subsurface and Physical Conditions ................................................................................... .............................12 4.03 Differing Subsurface or Physical Conditions ...................................................................... .............................12 4.04 Underground Facilities ................................................ ........................................................ .............................13 4.05 Reference Points ................................................................................................................... .............................1 4.06 Hazardous Environmental Condition at Site ....................................................................... .............................14 ARTICLE5 - BONDS AND INSURANCE ..................................................................................................... ............................. 5.01 Performance, Payment, and Other Bonds ........................................................................... .............................15 5.02 Licensed Sureties and Insurers ....................................................... ... .................................. ...... ....., ................ 15 5.03 Certificates of Insurance ...................................................................................................... ............................. 5.04 CONTRACTOR's Liability Insurance ................................................................................. ............................. 5.05 OWNER's Liability Insurance ............................................................................................. ............................. 5 .06 Property Insurance ............................................................................................................... ............................. 5.07 Waiver of Rights ................................................................................................................... ............................. 5.08 Receipt and Application of Insurance Proceeds ................................................................. ............................. 5.09 Acceptance of Bonds and Insurance; Option to Repl ace .................................................... .............................18 5.10 Partial Utilization, Acknowledgment of Property I nsurer .................................................. .............................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................................................................. .............................18 6.01 Supervision and Superintendence ........................................................................................ .............................18 6 .02 Labor; Working Hours ...........:............................................................................................. ............................. 6.03 Services. Materials. and Equipment .................................................................................... .............................19 6 .04 Progress Schedule ................................................................................................................ ............................. 6.05 Substitutes and 'Or- Equals' .... ........................................................................................... .............. 1 6.07 Patent Fees and Royal ties .................................................................................................... ............................. -3- b .08 Permits ............................................................................................................................................................... 2 6 .O9 Laws and Regulations ....................................................................................................................................... 22 fi1O Taxes .................................................................................................................................................................. 2 6 .11 Use q(Site and Other Areas .............................................................................................................................. 2 (i13 Safety and Protection ........................................................................................................................................ 23 ti)4 Safety Representative ......... .............................................................................................................................. 23 6.l5 Hazard Communication Programs ................................................................................................................... 3 6l6 Emergencies ............. ........................................................................................................................................ 4 617 Shop Drawings and Samp/es---------------------------------''---..24 &l8Continuing the Work ......................................................................................................................................... 6il000NTRAC7OR's Genera Warranty and Guarantee ...................................................................................... 25 6.20 Indemnification .................................................................................................................................................. 25 ARTICLE 7' OTHER WORK ..... —'_--------....... -- ... --- ......... --------_'--------'_'26 7.01 Related Work ux&�u-----'----------_'_---_---._.----_--_---'-26 7�2Coord�n�ow----__--_-'-'----.-_._-'--__---_---_-_---__'-----__.-20 ARTICLE 8'OWNER'S REGPON8EBD.IIIB8 ........................................................................................................................... 8.01 Communications /o Contractor ........................................................................................................................ J 8lD Replacemen t of ENGINEER .............................................................................................................................. 7 8 .03 Furnish Data ..................................................................................................................................................... 7 8 .04 Pay Promptly When Due ................................................................................................................................... 7 8l5 Lands and Easements; Reports and %esis ........................................................................................................ 7 Q .06 Insurance ........................................................................................................................................................... 27 8 .07 Change Orders .......................................................................................................................... 8.08Inspections, Tests, and Approvals ..................................................................................................................... 27 #.09 Limitations nnOWMER's Responsibilities ....................................................................................................... %7 8.lO Undisclosed Hazardous Environmental Condition ........................................................................................... 27 8.D Evidence ofFinuncial Arrangements ............................................................................................................... ~~ ARTICLE 9' ENGINEER'S STATUS DURING CONSTRUCTION —_-----'—.------'------_-.-'27 08l OWNER'S Representative ................... ............................... ...................................................... ...................... 27 0 .02 Visits ^u Site ............................................................... ................................................................ ...................... 27 y .03 Project Representative ................................................................................................................ .................... Z8 yl4 Clarifications and Interpretations ................................................................................................... ............ --- zm 9.05 Authorized Variations /nWov& ....................................................................................................................... 38 -28 9�0B�e��gl}���peP�x�------------_-_--------------------------- 9.O7 Shop Drawings Change Orders and Payments ............................................................................................... 8 O.O0 Decisions onRequirements of Contrac Documents and Acceptability o/ Work ............................................ 2y VJO Limitations onENGI7K6229's Authority and Responsibilities .......................................................................... zv ARTICLE l0- CHANGES DN THE WORK; CLAIMS ............................................................................................................... 2y l0.Ol Authorized Changes in the Work .................................................................................................................... y lV.O Unauthorized Changes in the Work ................................................................................................................ 20 20 l0.O32�x�t�nof Ch�gnOmd�n-------------.---------------------------. �� lO.040b�9uu��mSun�»-----------.-----------.--.--------------------'. l0 .O5 Claims and Disputes .................................................................. .................................................................... O ARTICLE ll' COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ......................................................... ]0 lLOl of the Work ............................ ................................................................................................................. 3O m� }l.O2 Cash Allowances ................. --..................................................................................................................... D 1il8{nilPrice Work ................................ ............................................................................................................. 32 �� -4- GENERAL CONDITIONS 1 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10. Claim —A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the 1.01 Defined Terms terms of the Contract. A demand for money or services by a _ third party is not a Claim. A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below 11. Contract - -The entire and integrated written will have the meanings indicated which are applicable to both agreement between the OWNER and CONTRACTOR the singular and plural thereof. concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written 1. Addenda —Written or graphic instruments issued or oral. prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 12. Contract Documents- -The Contract Documents establish the rights and obligations of the parties and include 2. Agreement - -The written instrument which is the Agreement, Addenda (which pertain to the Contract ' evidence of the agreement between OWNER and Documents), CONTRACTOR's Bid (including documenta- CONTRACTOR covering the Work. lion accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an 3. Application for Payment --The form acceptable exhibit to the Agreement, the Notice to Proceed, the Bonds, to ENGINEER which is to be used by CONTRACTOR these General Conditions, the Supplementary Conditions, the during the course of the Work in requesting progress or final' Specifications and the Drawings as the same are more payments and which is to be accompanied by such supporting specifically identified in the Agreement, together with all documentation as is required by the Contract Documents. Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written 4. Asbestos- -Any material that contains more than interpretations and clarifications issued on or after the one percent asbestos and is friable or is releasing asbestos Effective Date of the Agreement Approved Shop Drawings fibers into the air above current action levels established by and the reports and drawings of subsurface and physical the United States Occupational Safety and Health conditions are not Contract Documents. Only printed or hard Administration. copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, 5. Bid - -The offer or proposal of a bidder submitted graphics, and the like that may be furnished by OWNER to on the prescribed form setting forth the prices for the Work to CONTRACTOR are not Contract Documents. be performed. 13. Contract Price —The moneys payable by OWN - 6. Bidding Documents --The Bidding ER to CONTRACTOR for completion of the Work in Requirements and the proposed Contract Documents (includ- accordance with the Contract Documents as stated in the ing all Addenda issued prior to receipt of Bids). Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 7. Bidding Requirements —The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if 14. Contract Times —The number of days or the any, and the Bid form with any supplements. dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for 8. Bonds -- Performance and payment bonds and final payment as evidenced by ENGINEER's written other instruments of security. recommendation of final payment 9. Change Order - -A document recommended by 15. CONTRACTOR —The individual or entity with ENGINEER which is signed by CONTRACTOR and OWN- whom OWNER has entered into the Agreement ER and authorizes an addition, deletion, or revision in the 1 Work or an adjustment in the Contract Price or the Contract 16. Cost of the Work —See paragraph I LOLA for Times, issued on or after the Effective Date of the definition. Agreement. 17. Drawings —That part of the Contract Documents 28. Notice of Award - -The written notice by OWN - prepared or approved by ENGINEER which graphically ER to the apparent successful bidder stating that upon timely shows the scope, extent, and character of the Work to be compliance by the apparent successful bidder with the 1 performed by CONTRACTOR. Shop Drawings and other conditions precedent listed therein, OWNER will sign and CONTRACTOR submittals are not Drawings as so defined. deliver the Agreement. 18. Effective Date of the Agreement - -The date 29. Notice to Proceed - -A written notice given by indicated in the Agreement on which it becomes effective, but OWNER to CONTRACTOR fixing the date on which the if no such date is indicated, it means the date on which the Contract Times will commence to run and on which Agreement is signed and delivered by the last of the two CONTRACTOR shall start to perform the Work under the parties to sign and deliver. Contract Documents. 19. ENGPVEER —The individual or entity named as 30. OWNER - -The individual, entity, public body, or such in the Agreement. authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 20. ENGI/VEER's Consultant —An individual or entity having a contract with ENGINEER to furnish services 31. Partial Utilization —Use by OWNER of a as ENGINEER's independent professional associate or substantially completed part of the Work for the purpose for consultant with respect to the Project and who is identified as which it is intended (or a related purpose) prior to Substantial such in the Supplementary Conditions. Completion of all the Work. 21. Field Order - -A written order issued by ENGI- 32. PCBs -- Polychlorinated biphenyls. NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the 33. Petroleum -- Petroleum, including crude oil or Contract Times. any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 22. General Requirements -- Sections of Division 1 pounds per square inch absolute), such as oil, petroleum, fuel of the Specifications. The General Requirements pertain to oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed all sections of the Specifications. with other non - Hazardous Waste and crude oils. 23. Hazardous Environmental Condition —The 34. Project - -The total construction of which the presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Work to be performed under the Contract Documents may be Waste, or Radioactive Material in such quantities or the whole, or a part as may be indicated elsewhere in the circumstances that may present a substantial danger to Contract Documents. persons or property exposed thereto in connection with the Work. 35. Project Manual - -The bound documentary information prepared for bidding and constructing the Work. 24. Hazardous Waste —The term Hazardous Waste A listing of the contents of the Project Manual, which may be shall have the meaning provided in Section 1004 of the Solid bound in one or more volumes, is contained in the table(s) of Waste Disposal Act (42 USC Section 6903) as amended from contents. time to time. 36. Radioactive Material — Source, special nuclear, 25. Laws and Regulations; Laws or Regulations -- or byproduct material as defined by the Atomic Energy Act of Any and all applicable laws, rules, regulations, ordinances, 1954 (42 USC Section 2011 et seq.) as amended from time to codes, and orders of any and all governmental bodies, time. agencies, authorities, and courts having jurisdiction. 37. Resident Project Representative —The autho- 26. Liens — Charges, security interests, or rized representative of ENGINEER who may be assigned to encumbrances upon Project funds, real property, or personal the Site or any part thereof. property. 38. Samples— Physical examples of materials, 27. Milestone - -A principal event specified in the equipment, or workmanship that are representative of some Contract Documents relating to an intermediate completion portion of the Work and which establish the standards by date or time prior to Substantial Completion of all the Work. which such portion of the Work will be judged. 39. Shop Drawings - -All drawings, diagrams, 48. Work —The entire completed construction or the illustrations, schedules, and other data or information which various separately identifiable parts thereof required to be are specifically prepared or assembled by or for CON- provided under the Contract Documents. Work includes and TRACTOR and submitted by CONTRACTOR to illustrate is the result of performing or providing all labor, services, and some portion of the Work. documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and 40. Site- -Lands or areas indicated in the Contract equipment into such construction, all as required by the Documents as being furnished by OWNER upon which the Contract Documents. Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished 49. Work Change Directive --A written statement to by OWNER which are designated for the use of CONTRACTOR issued on or after the Effective Date of the CONTRACTOR. Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the 41. Specifications --That part of the Contract Work, or responding to differing or unforeseen subsurface or Documents consisting of written technical descriptions of physical conditions under which the Work is to be performed materials, equipment, systems, standards, and workmanship or to emergencies. A Work Change Directive will not change as applied to the Work and certain administrative details the Contract Price or the Contract Times . but is evidence that applicable thereto. the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- 42. Subcontractor —An individual or entity having a quently issued Change Order following negotiations by the direct contract with CONTRACTOR or with any other parties as to its effect, if any, on the Contract Price or Subcontractor for the performance of a part of the Work at the Contract Times. Site. 50. Written Amendment —A written statement 43. Substantial Completion- -The time at which the modifying the Contract Documents, signed by OWNER and Work (or a specified part thereof) has progressed to the point CONTRACTOR on or after the Effective Date of the where, in the opinion of ENGINEER, the Work (or a Agreement and normally dealing with the nonengineering or specified part thereof) is sufficiently complete, in accordance nontechnical rather than strictly construction - related aspects with the Contract Documents, so that the Work (or a specified of the Contract Documents. part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and 1.02 Terminology "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. A. Intent of Certain Terms or Adjectives 44. Supplementary Conditions —That part of the 1. Whenever in the Contract Documents the terms Contract Documents which amends or supplements these "as allowed," "as approved," or terms of like effect or General Conditions. import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of 45. Supplier - -A manufacturer, fabricator, supplier, like effect or import are used to describe an action or distributor, materialman, or vendor having a direct contract determination of ENGINEER as to the Work, it is with CONTRACTOR or with any Subcontractor to furnish intended that such action or determination will be solely materials or equipment to be incorporated in the Work by to evaluate, in general, the completed Work for CONTRACTOR or any Subcontractor. compliance with the requirements of and information in the Contract Documents and conformance with the design 46. Underground Facilities —All underground concept of the completed Project as a functioning whole pipelines, conduits, ducts, cables, wires, manholes, vaults, as shown or indicated in the Contract Documents (unless tanks, tunnels, or other such facilities or attachments, and any there is a specific statement indicating otherwise). The encasements containing such facilities, including those that use of any such term or adjective shall not be effective to convey electricity, gases, steam, liquid petroleum products, assign to ENGINEER any duty or authority to supervise telephone or other communications, cable television, water, or direct the performance of the Work or any duty or wastewater, storm water, other liquids or chemicals, or traffic authority to undertake responsibility contrary to the or other control systems. provisions of paragraph 9.10 or any other provision of the Contract Documents. 47. Unit Price Work —Work to be paid for on the basis of unit prices. B. Day -8- 1. The word "day" shall constitute a calendar ARTICLE 2 - PRELIMINARY MATTERS day of 24 hours measured from midnight to the next midnight. 2.01 Delivery of Bonds C. Defective A. When CONTRACTOR delivers the executed 1. The word "defective," when modifying the Agreements to OWNER, CONTRACTOR shall also deliver word "Work," refers to Work that is unsatisfactory, to OWNER such Bonds as CONTRACTOR may be required faulty, or deficient in that it does not conform to the to furnish. Contract Documents or does not meet the require- ments of any inspection, reference standard, test, or 2.02 Copies of Documents approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- A. OWNER shall fumish to CONTRACTOR up to ten mendation of final payment (unless responsibility for copies of the Contract Documents. Additional copies will be the protection thereof has been assumed by OWNER furnished upon request at the cost of reproduction. at Substantial Completion in accordance with paragraph 14.04 or 14.05). 2.03 Commencement of Contract Times; Notice to Proceed D. Furnish, Install, Perform, Provide A. The Contract Times will commence to run an the 1. The word "furnish," when used in connec- thirtieth day after the Effective Date of the Agreement or, if a lion with services, materials, or equipment, shall mean Notice to Proceed is given, on the day indicated in the Notice to supply and deliver said services, materials, or to Proceed. A Notice to Proceed may be given at any time equipment to the Site (or some other specified within 30 days after the Effective Date of the Agreement. In location) ready for use or installation and in usable or no event will the Contract Times commence to run later than operable condition. the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date 2. The word "install," when used in connec- is earlier. tion with services, materials, or equipment, shall mean to put into use or place in final position said services, 2.04 Starting the Work materials, or equipment complete and ready for intended use. A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No 3. The words "perform" or "provide," when Work shall be done at the Site prior to the date on which the used in connection with services, materials, or Contract Times commence to run. equipment, shall mean to famish and install said services, materials, or equipment complete and ready 2.05 Before Starting Construction for intended use. A. CONTRACTOR's Review of Contract Documents: 4. When "furnish," "install," "perform," or "pro- Before undertaking each part of the Work, CONTRACTOR vide" is not used in connection with services, materials, or shall carefully study and compare the Contract Documents equipment in a context clearly requiring an obligation of and check and verify pertinent figures therein and all CONTRACTOR, "provide" is implied. applicable field measurements. CONTRACTOR shall promptly report-in writing to ENGINEER any conflict, error, E. Unless stated otherwise in the Contract Documents, ambiguity, or discrepancy which CONTRACTOR may words or phrases which have a well -known technical or discover and shall obtain a written interpretation or construction industry or trade meaning are used in the clarification from ENGINEER before proceeding with any Contract Documents in accordance with such recognized Work affected thereby; however, CONTRACTOR shall not meaning. be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit 1. The progress schedule will be acceptable to to ENGINEER for its timely review: ENGINEER if it provides an orderly progression of the Work to completion within any specified Mile- 1. a preliminary progress schedule indicating stones and the Contract Times. Such acceptance will the times (numbers of days or dates) for starting and not impose on ENGINEER responsibility for the completing the various stages of the Work, including progress schedule, for sequencing, scheduling, or any Milestones specified in the Contract Documents; progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full respon- 2. a preliminary schedule of Shop Drawing sibility therefor. and Sample submittals which will list each required submittal and the times for submitting, reviewing, and 2. CONTRACTOR's schedule of Shop processing such submittal; and Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for 3. a preliminary schedule of values for all of reviewing and processing the required submittals. the Work which includes quantities and prices of items which when added together equal the Contract 3. CONTRACTOR's schedule of values will Price and subdivides the Work into component parts be acceptable to ENGINEER as to form and substance in sufficient detail to serve as the basis for progress if it provides a reasonable allocation of the Contract payments during performance of the Work. Such Price to component parts of the Work. prices will include an appropriate amount of overhead and profit applicable to each item of Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, C. Evidence oflnsurance: Before any Work at the Site AMENDING, REUSE is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and 3.01 Intent other evidence of insurance which either of them or any additional insured may reasonably request) which A. The Contract Documents are complementary; what CONTRACTOR and OWNER respectively are required to is called for by one is as binding as if called for by all. purchase and maintain in accordance with Article 5. B. It is the intent of the Contract Documents to describe 2.06 Preconstruction Conference a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any A. Within 20 days after the Contract Times start to run, labor, documentation, services, materials, or equipment that but before any Work at the Site is started, a conference may reasonably be inferred from the Contract Documents or attended by CONTRACTOR, ENGINEER, and others as from prevailing custom or trade usage as being required to appropriate will be held to establish a working understanding produce the intended result will be provided whether or not among the parties as to the Work and to discuss the schedules specifically called for at no additional cost to OWNER. referred to in paragraph 2.053, procedures for handling Shop Drawings and other submittals, processing Applications for C. Clarifications and interpretations of the Contract ' Payment, and maintaining required records. Documents shall be issued by ENGINEER as provided in Article 9. 2.07 Initial Acceptance of Schedules 3.02 Reference Standards A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first A. Standards, Specifications, Codes, Laws, and Application for Payment a conference attended by CON- Regulations TRACTOR, ENGINEER, and others as appropriate will be 1 held to review for acceptability to ENGINEER as provided 1. Reference to standards, specifications, below the schedules submitted in accordance with paragraph manuals, or codes of any technical society, orgamza- 2.05.13. CONTRACTOR shall have an additional ten days to tion, or association, or to Laws or Regulations, make corrections and adjustments and to complete and whether such reference be specific or by implication, ' resubmit the schedules. No progress payment shall be made shall mean th standard, specification, manual, code, to CONTRACTOR until acceptable schedules are submitted or Laws or Regulations in effect at the time of opening to ENGINEER of Bids (or on the Effective Date of the Agreement if - 10- there were no Bids), except as may be otherwise b. the provisions of any Laws or Regulations specifically stated in the Contract Documents. applicable to the performance of the Work (unless such an interpretation of the provisions of the 2. No provision of any such standard, Contract Documents would result in violation of specification, manual or code, or any instruction of a such Law or Regulation). Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or 3.04 Amending and Supplementing Contract Documents ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in the A. The Contract Documents may be amended to Contract Documents, nor shall any such provision or provide for additions, deletions, and revisions in the Work or instruction be effective to assign to OWNER, to modify the terms and conditions thereof in one or more of ENGINEER, or any of ENGINEER's Consultants, the following ways: (i) a Written Amendment; (ii) a Change agents, or employees any duty or authority to Order; or (iii) a Work Change Directive. supervise or direct the performance of the Work or ' any duty or authority to undertake responsibility B. The requirements of the Contract Documents may inconsistent with the provisions of the Contract be supplemented, and minor variations and deviations in the Documents. Work may be authorized, by one or more of the following ways: (i) a Field Order, (ii) ENGINEER's approval of a Shop 3.03 Reporting and Resolving Discrepancies Drawing or Sample; or (iii) ENGINEER's written interpreta- tion or clarification. A. Reporting Discrepancies 3.05 Reuse of Documents I. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi A. CONTRACTOR and any Subcontractor or Supplier guity, or discrepancy within the Contract Documents or other individual or entity performing or famishing any of ' or between the Contract Documents and any provision the Work under a direct or indirect contract with OWNER: (i) of any Law or Regulation applicable to the perfor- shall not have or acquire any title to or ownership rights in manc;e of the Work or of any standard, specification, any of the Drawings, Specifications, or other documents (or manual or code, or of any instruction of any Supplier, copies of any thereof) prepared by or bearing the seal of CONTRACTOR shall report it to, ENGINEER in ENGINEER or ENGINEER'S Consultant, including writing at once. CONTRACTOR shall not proceed electronic media editions; and (ii) shall not reuse any of such with the Work affected thereby (except in an Drawings, Specifications, other documents, or copies thereof emergency as required by paragraph 6.16.A) until an on extensions of the Project or any other project without amendment or supplement to the Contract Documents written consent of OWNER and ENGINEER and specific has been issued by one of the methods indicated in written verification or adoption by ENGINEER This paragraph 3.04; provided, however, that prohibition will survive final payment, completion, and CONTRACTOR shall not be liable to OWNER or acceptance of the Work, or termination or completion of the ENGINEER for failure to report any such conflict, Contract. Nothing herein shall preclude CONTRACTOR error, ambiguity, or discrepancy unless CON - from retaining copies of the Contract Documents for record TRACTOR knew or reasonably should have known purposes. ' thereof. B. Resolving Discrepancies ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 1. Except as may be otherwise specifically REFERENCE POINTS stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- 4.01 Availability of Lands cy between the provisions of the Contract Documents and: A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions a. the provisions of any standard, not of general application but specifically related to use of the specification, manual, code, or instruction Site with which CONTRACTOR must comply in performing (whether or not specifically incorporated by th Work. OWNER will obtain in a timely manner and pay reference in the Contract Documents); or for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are -Il- unable to agree on entitlement to or on the amount or extent, 3. any CONTRACTOR interpretation of or if any, of any adjustment in the Contract Price or Contract conclusion drawn from any "technical data" or any Times, or both, as a result of any delay in OWNER's such other data, interpretations, opinions, or infor- furnishing the Site, CONTRACTOR may make a Claim mation. therefor as provided in paragraph 10.05. 4.03 Differing Subsurface or Physical Conditions B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current. statement of record A. Notice: If CONTRACTOR believes that any legal title and legal description of the lands upon which the subsurface or physical condition at or contiguous to the Site Work is to be performed and OWNER's interest therein as that is uncovered or revealed either: necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with 1. is of such a nature as to establish that any applicable Laws and Regulations. "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially ' C. CONTRACTOR shall provide for all additional inaccurate; or lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 2. is of such a nature as to require a change in the Contract Documents; or 4.02 Subsurface and Physical Conditions 3. differs materially from that shown or A. Reports and Drawings: The Supplementary indicated in the Contract Documents; or Conditions identify: 4. is of an unusual nature, and differs materially from 1. those reports of explorations and tests of conditions ordinarily encountered and generally recognized as subsurface conditions at or contiguous to the Site that inherent in work of the character provided for in the Contract ENGINEER has used in preparing the Contract Docu- Documents; meats; and then CONTRACTOR shall, promptly after becoming aware 2. those drawings of physical conditions in thereof and before further disturbing the subsurface or or relating to existing surface or subsurface structures physical conditions or performing any Work in connection at or contiguous to the Site (except Underground therewith (except in an emergency as required by paragraph Facilities) that ENGINEER has used in preparing the 6.16.A), notify OWNER and ENGINEER in writing about Contract Documents. such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith B. Limited Reliance by CONTRACTOR on Technical (except as aforesaid) until receipt of written order to do so. Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such B. ENGINEER's Review: After receipt of written reports and drawings, but such reports and drawings are not notice as required by paragraph 4 ,03.A, ENGINEER will Contract Documents. Such "technical data" is identified in promptly review the pertinent condition, determine the the Supplementary Conditions. Except for such reliance on necessity of OWNER's obtaining additional exploration or such "technical data," CONTRACTOR may not rely upon or tests with respect thereto, and advise OWNER in writing make any Claim against OWNER, ENGINEER, or any of (with a copy to CONTRACTOR) of ENGIIVEER's findings ENGINEER's Consultants with respect to: and conclusions. I . the completeness of such reports and C. Possible Price and Times Adjustments drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, 1. The Contract Price or the Contract Times, techniques, sequences, and procedures of construction or both, will be equitably adjusted to the extent that to be employed by CONTRACTOR, and safety the existence of such differing subsurface or physical precautions and programs incident thereto; or condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, 2. other data, interpretations, opinions, and performance of the Work; subject, however, to the information contained in such reports or shown or following: indicated in such drawings; or - 12- a_ such condition must meet any one or more of the categories described in paragraph 4.03.A; 1. OWNER and ENGINEER shall not be and responsible for the accuracy or completeness of any such information or data; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price 2. the cost of all of the following will be will be subject to the provisions of paragraphs 9.08 included in the Contract Price, and CONTRACTOR ' and 11.03. shall have full responsibility for: 2. CONTRACTOR shall not be entitled to a. reviewing and checking all such informa- any adjustment in the Contract Price or Contract tion and data, Times if: b. locating all Underground Facilities shown a. CONTRACTOR knew of the existence of or indicated in the Contract Documents, such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of c. coordination of the Work with the owners Contract Price and. Contract Times by the submis- of such Underground Facilities, including sion of a Bid or becoming bound under a negotiat- OWNER, during construction, and ed contract; or d. the safety and protection of all such Under - b. the existence of such condition could ground Facilities and repairing any damage reasonably have been discovered or revealed as a thereto resulting from the Work. result of any examination, investigation, explo- ration, test, or study of the Site and contiguous B. Not Shown or Indicated areas required by the Bidding Requirements or Contract Documents to be conducted by or for 1. If an Underground Facility is uncovered or CONTRACTOR prior to CONTRACTOR's revealed at or contiguous to the Site which was not making such final commitment; or shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, c. CONTRACTOR failed to give the written CONTRACTOR shall, promptly after becoming notice within the time and as required by para- aware thereof and before further disturbing conditions graph 4.03.A, affected thereby or performing any Work m connection therewith (except in an emergency as 3. If OWNER and CONTRACTOR are required by paragraph 6.16.A), identify the owner of unable to agree on entitlement to or on the amount or such Underground Facility and give written notice to extent, if any, of any adjustment in the Contract Price that owner and to OWNER and ENGINEER. ENGI- or Contract Times, or both, a Claim may be made NEER will promptly review the Underground Facility ' therefor as provided in paragraph 10.05. However, and determine the extent, if any, to which a change is OWNER, ENGINEER, and ENGINEER's required in the Contract Documents to reflect and Consultants shall not be liable to CONTRACTOR for document the consequences of the existence or any claims, costs, losses, or damages (including but location of the Underground Facility. During such not limited to all fees and charges of engineers, time, CONTRACTOR shall be responsible for the architects, attorneys, and other professionals and all safety and protection of such Underground Facility. court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection 2. If ENGINEER concludes that a change in with any other project or anticipated project. the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect 4.04 Underground Facilities and document such consequences. An equitable adjustment shall be made in the Contract Price of A. Shown or Indicated. The information and data Contract Times, or both, to the extent that they are shown or indicated in the Contract Documents with respect to attributable to the existence or location of any existing Underground Facilities at or contiguous to the Site is Underground Facility that was not shown or indicated based on information and data furnished to OWNER or or not shown or indicated with reasonable accuracy in ENGINEER by the owners of such Underground Facilities, the Contract Documents and that CONTRACTOR did including OWNER, or by others. Unless it is otherwise not know of and could not reasonably have been expressly provided in the Supplementary Conditions: expected to be aware of or to have anticipated. If - 13- OWNER and CONTRACTOR are unable to agree on such other data, interpretations, opinions or entitlement to or on the amount or extent, if any, of information. any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a C. CONTRACTOR shall not be responsible for any Claim therefor as provided in paragraph 10.05. Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or 4.05 Reference Paints Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be A. OWNER shall provide engineering surveys to responsible for a Hazardous Environmental Condition created establish reference points for construction which in with any materials brought to the Site by CONTRACTOR, ENGINEER's judgment are necessary to enable CON- Subcontractors, Suppliers, or anyone else for whom CON - TRACTOR to proceed with the Work. CONTRACTOR shall TRACTOR is responsible. be responsible for laying out the Work, shall protect and preserve the established reference points and property D. If CONTRACTOR encounters a Hazardous monuments, and shall make no changes or relocations Environmental Condition or if CONTRACTOR or anyone for without the prior written approval of OWNER. whom CONTRACTOR is responsible creates a Hazardous CONTRACTOR shall report to ENGINEER whenever any Environmental Condition, CONTRACTOR shall immedi- reference point or property monument is lost or destroyed or ately: (i) secure or otherwise isolate such condition; (ii) stop requires relocation because of necessary changes in grades or all Work in connection with such condition and in any area locations, and shall be responsible for the accurate affected thereby (except in an emergency as .required by replacement or relocation of such reference points or property paragraph 6.16); and (iii) notify OWNER and ENGINEER monuments by professionally qualified personnel. (and promptly thereafter confute such notice in writing). OWNER shall promptly consult with ENGINEER concerning 4.06 Hazardous Environmental Condition at Site the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those E. CONTRACTOR shall not be required to resume reports and drawings relating to a Hazardous Environmental Work in connection with such condition or in any affected Condition identified at the Site, if any, that have been utilized area until after OWNER has obtained any required permits by the ENGINEER in the preparation of the Contract related thereto and delivered to CONTRACTOR written Documents. notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; B. Limited Reliance by CONTRACTOR on Technical or (ii) specifying any special conditions under which such I Data Authorized: CONTRACTOR may rely upon the Work may be resumed safely. If OWNER and general accuracy of the "technical data" contained in such CONTRACTOR cannot agree as to entitlement to or on the reports and drawings, but such reports and drawings are not amount or extent, if any, of any adjustment in Contract Price Contract Documents. Such "technical data" is identified in or Contract Times, or both, as a result of such Work stoppage ' the Supplementary Conditions. Except for such reliance on or such special conditions under which Work is agreed to be such "technical data," CONTRACTOR may not rely upon or resumed by CONTRACTOR, either party may make a Claim make any Claim against OWNER, ENGINEER or any of therefor as provided in paragraph 10.05. ENGINEER's Consultants with respect to: F. If after receipt of such written notice 1. the completeness of such reports and CONTRACTOR does not agree to resume such Work based drawings for CONTRACTOR's purposes, including, on a reasonable belief it is unsafe, or does not agree to resume but not limited to, any aspects of the means, methods, such Work under such special conditions, then OWNER may techniques, sequences and procedures of construction order the portion of the Work that is in the area affected by to be employed by CONTRACTOR and safety such condition to be deleted from the Work. If OWNER and precautions and programs incident thereto; or CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or 2. other data, interpretations, opinions and Contract Times as a result of deleting such portion of the information contained in such reports or shown or Work, then either party may make a Claim therefor as indicated in such drawings; or provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own 3. any CONTRACTOR interpretation of or forces or others in accordance with Article 7. conclusion drawn from any "technical data" or any -14- G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless B. All Bonds shall be in the form prescribed by the CONTRACTOR, Subcontractors, ENGINEER, Contract Documents except as provided otherwise by Laws ENGINEER's Consultants and the officers, directors, or Regulations, and shall be executed by such sureties as are partners, employees, agents, other consultants, and named in the current list of "Companies Holding Certificates subcontractors of each and any of them from and against all of Authority as Acceptable Sureties on Federal Bonds and as claims, costs, losses, and damages (including but not limited Acceptable Reinsuring Companies" as published in Circular to all fees and charges of engineers, architects, attorneys, and 570 (amended) by the Financial Management Service, Surety other professionals and all court or arbitration or other dispute Bond Branch, U.S. Department of the Treasury. All Bonds resolution costs) arising out of or relating to a Hazardous signed by an agent must be accompanied by a certified copy Environmental Condition, provided that such Hazardous of such agent's authority to act. Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract C. If the surety on any Bond furnished by CON - Documents to be included within the scope of the Work, and TRACTOR is declared bankrupt or becomes insolvent or its (ii) was not created by CONTRACTOR or by anyone for right to do business is terminated in any state where any part whom CONTRACTOR is responsible. Nothing in this para- of the Project is located or it ceases to meet the requirements graph 4.06.E shall obligate OWNER to indemnify any of paragraph 5.01.13, CONTRACTOR shall within 20 days individual or entity from and against the consequences of that thereafter substitute another Bond and surety, both of which individual's or entity's own negligence. shall comply with the requirements of paragraphs 5.013 and 5.02. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 5.02 Licensed Sureties and Insurers harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other- A. All Bonds and insurance required by the Contract consultants, and subcontractors of each and any of them from Documents to be purchased and maintained by OWNER or and against all claims, costs, losses, and damages (including CONTRACTOR shall be obtained from surety or insurance but not limited to all fees and charges of engineers, architects, companies that are duly licensed or authorized in the attorneys, and other professionals and all court or arbitratior jurisdiction in which the Project is located to issue Bonds or or other dispute resolution costs) arising out of or relating to a insurance policies for the limits and coverages so required. Hazardous Environmental Condition created by Such surety and insurance companies shall also meet such CONTRACTOR or by anyone for whom CONTRACTOR is additional requirements and qualifications as may be provided responsible. Nothing in this paragraph 4.06.E shall obligate in the Supplementary Conditions CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's 5.03 Certificates of Insurance own negligence. A. CONTRACTOR shall deliver to OWNER, with i. The provisions of paragraphs 4.02, 4.03, and 4.04 copies to each additional insured identified in the Supple- are not intended to apply to a Hazardous Environmental mentary Conditions, certificates of insurance (and other Condition uncovered or revealed at the Site. evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to ' ARTICLE 5 - BONDS AND INSURANCE CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by 5.01 Performance, Payment, and Other Bonds CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. A. CONTRACTOR shall famish performance and payment Bonds, each in an amount at least equal to the 5.04 CONTRACTOR's Liability Insurance Contract Price as security for the faithful_performance and payment of all CONTRACTOR's obligations under the A. CONTRACTOR shall purchase and maintain such Contract Documents. These Bonds shall iemain in effect at liability and other insurance as is appropriate for the Work least until one year after the date when final payment being performed and as will provide protection from claims becomes due, except as provided otherwise by Laws or set forth below which may arise out of or result from Regulations or by the Contract Documents. CONTRACTOR CONTRACTOR's performance of the Work and shall also famish such other Bonds as are required by the CONTRACTOR's other obligations under the Contract Contract Documents. Documents, whether it is to be performed by -15- CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to 3. include completed operations insurance; perform any of the Work, or by anyone for whose acts any of them may be liable: 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations 1. claims under workers' compensation, under paragraphs 6.07, 6.11, and 6.20; disability benefits, and other similar employee benefit ' acts; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially 2. claims for damages because of bodily changed or renewal refused until at least thirty days injury, occupational sickness or disease, or death of prior written notice has been given to OWNER and CONTRACTOR's employees; CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a 3. claims for damages because of bodily certificate of insurance has been issued (and the injury, sickness or disease, or death of any person certificates of insurance famished by the CONTRAC- other than CONTRACTOR's employees; TOR pursuant to paragraph 5.03 will so provide); 4. claims for damages insured by reasonably 6. remain in effect at least until final payment available personal injury liability coverage which are and at all times thereafter when CONTRACTOR may sustained: (i) by any person as a result of an offense be correcting, removing, or replacing defective Work directly or indirectly related to the employment of in accordance with paragraph 13.07; and such person by CONTRACTOR, or (ii) by any other person for any other reason; 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - 5. claims for damages, other than to the Work made basis, remain in effect for at least two years after itself, because of injury to or destruction of tangible final payment (and CONTRACTOR shall furnish property wherever located, including loss of use OWNER and each other additional insured identified resulting therefrom; and in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence 6. claims for damages because of bodily satisfactory to OWNER and any such additional injury or death of any person or property damage insured of continuation of such insurance at final arising out of the ownership, maintenance or use of payment and one year thereafter). any motor vehicle. 5.05 OWNER's Liability Insurance B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall; A. In addition to the insuran required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at 1. with respect to insurance required by para- OWNER's option, may purchase and maintain at OWNER's graphs 5.04.A.3 through 5.04.A.6 inclusive, include as expense OWNER's own liability insurance as will protect additional insureds (subject to any customary exclu- OWNER against claims which may arise from operations sion in respect of professional liability) OWNER, under the Contract Documents. ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supple- 5.06 Property Insurance mentary Conditions, all of whom shall be listed as additional insureds, and include coverage for the A. Unless otherwise provided in the Supplementary respective officers, directors, partners, employees, Conditions, OWNER shall purchase and maintain property agents, and other consultarits and subcontractors of insurance upon the Work at the Site in the amount of the full each and any of all such additional insureds, and the replacement cost thereof (subject to such deductible amounts insurance afforded to these additional insureds shall as may be provided in the Supplementary Conditions or provide primary coverage for all claims covered required by Laws and Regulations). This insurance shall: thereby; 1. include the interests of OWNER, CON- 2. include at least the specific coverages and TRACTOR, Subcontractors, ENGINEER, be written for not less than the limits of liability ENGINEER's Consultants, and any other individuals provided in the Supplementary Conditions or required or entities identified in the Supplementary Conditions, by Laws or Regulations, whichever is greater, and the officers, directors, partners, employees, ' -16- agents, and other consultants and subcontractors of be canceled or materially changed or renewal refused until at each and any of them, each of whom is deemed to least 30 days prior written notice has been given to OWNER have an insurable interest and shall be listed as an and CONTRACTOR and to each other additional insured to additional insured; whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that D. OWNER shall not be responsible for purchasing and shall at least include insurance . for physical loss or maintaining any property insurance specified in this damage to the Work, temporary buildings, false work, paragraph 5.06 to protect the interests of CONTRACTOR, and materials and equipment in transit, and shall Subcontractors, or others in the Work to the extent of any insure against at least the following perils or causes of deductible amounts that are identified in the Supplementary loss: fire, lightning, extended coverage, theft, vandal- Conditions. The risk of loss within such identified deductible ism and malicious mischief, earthquake, collapse, amount will be borne by CONTRACTOR, Subcontractors, or debris removal, demolition occasioned by en- others suffering any such loss, and if any of them wishes forcement of Laws and Regulations, water damage, property insurance coverage within the limits of such ' and such other perils or causes of loss as may be amounts, each may purchase and maintain it at the specifically required by the Supplementary purchaser's own expense. Conditions; E. If CONTRACTOR requests in writing that other 3. include expenses incurred in the repair or special insurance be included in the property insurance replacement of any insured property (including but not policies provided under paragraph 5.06, OWNER shall, if limited to fees and charges of engineers and archi- possible, include such insurance, and the cost thereof will be tects); charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at 4. cover materials and equipment stored at the the Site, OWNER shall in writing advise CONTRACTOR Site or at another location that was agreed to in whether or not such other insurance has been procured by writing by OWNER prior to being incorporated in the OWNER. Work, provided that such materials and equipment have been included in an - Application for Payment 5.07 Waiver of Rights recommended by ENGINEER; A. OWNER and CONTRACTOR intend that all 5. allow for partial utilization of the Work by policies purchased in accordance with paragraph 5.06 will OWNER; protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other 6. include testing and startup; and individuals or entities identified in the Supplementary Condi- tions to be listed as insureds or additional insureds (and the 7. be maintained in effect until final payment officers, directors, partners, employees, agents, and other is made unless otherwise agreed to in writing by consultants and subcontractors of each and any of them) in OWNER, CONTRACTOR, and ENGINEER with 30 such policies and will provide primary coverage for all losses days written notice to each other additional insured to and damages caused by the perils or causes of loss covered whom a certificate of insurance has been issued. thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the B. OWNER shall purchase and maintain such boiler insurers will have no rights of recovery against any of the and machinery insurance or additional property insurance as insureds or additional insureds thereunder. OWNER and may be required by the Supplementary Conditions or Laws CONTRACTOR waive all rights against each other and their and Regulations which will include the interests of OWNER, respective officers, directors, partners, employees, agents, and CONTRACTOR, Subcontractors, ENGINEER, other consultants and subcontractors of each and any of them ENGINEER's Consultants, and any other individuals or for all losses and damages caused by, arising out of or entities identified in the Supplementary Conditions, each of resulting from any of the perils or causes of loss covered by whom is deemed to have an insurable interest and shall be such policies and any other property insurance applicable to listed as an insured or additional insured. the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and C. All the policies of insurance (and the certificates or all other individuals or entities identified in the Supplemen- other evidence thereof) required to be purchased and tary Conditions to be listed as insureds or additional insureds maintained in accordance with paragraph 5.06 will contain a (and the officers, directors, partners, employees, agents, and provision or endorsement that the coverage afforded will not other consultots and subcontractors of each and any of them) -17- under such policies for losses and damages so caused. None such objection be made, OWNER as fiduciary shall make of the above waivers shall extend to the rights that any party settlement with the insurers in accordance with such making such waiver may have to the proceeds of insurance agreement as the parties in interest may reach. If no such held by OWNER as trustee or otherwise payable under any agreement among the parties in interest is reached, OWNER policy so issued. as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER B. OWNER waives all rights against CONTRACTOR, as fiduciary shall give bond for the proper performance of Subcontractors, ENGINEER, ENGINEER's Consultants, and such duties. the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 5.09 Acceptance of Bonds and Insurance; Option to Replace 1. loss due to business interruption, loss of use, or other consequential loss extending beyond A. If either OWNER or CONTRACTOR has any direct physical loss or damage to OWNER's property objection to the coverage afforded by or other provisions of or the Work caused by, arising out of or resulting the Bonds or insurance required to be purchased and from fire or other peril whether or not insured by maintained by the other party in accordance with Article 5 on OWNER, and the basis of non - conformance with the Contract Documents, the objecting party shall so notify the other party in writing 2. loss or damage to the completed Project or within 10 days after receipt of the certificates (or other part thereof caused by, arising out of, or resulting from evidence requested) required by paragraph 2.05.C. OWNER fire or other insured peril or cause of loss covered by and CONTRACTOR shall each provide to the other such any property insurance maintained on the completed additional information in respect of insurance provided as the Project or part thereof by OWNER during partial other may reasonably request. If either party does not utilization pursuant to paragraph 14.05, after Substan- purchase or maintain all of the Bonds and insurance required tial Completion pursuant to paragraph 14.04, or after of such party by the Contract Documents, such patty shall final payment pursuant to paragraph 14.07, notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain C. Any insurance policy maintained by OWNER prior to any change in the required coverage. Without covering any loss, damage or consequential loss referred to in prejudice to any other right or remedy, the other party may paragraph 5.07.B shall contain provisions to the effect that in elect to obtain equivalent Bonds or insuran to protect such the event of payment of any such loss, damage, or other party's interests at the expense of the party who was consequential loss, the insurers will have no rights of required to provide such coverage, and a Change Order shall recovery against CONTRACTOR, Subcontractors, be issued to adjust the Contract Price accordingly. ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants 5.10 Partial Utilization, Acknowledgment of Property and subcontractors of each and any of them. Insurer 5.08 Receipt and Application oflnsurance Proceeds A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial A. Any insured loss under the policies of insurance Completion of all the Work as provided in paragraph 14.05, required by paragraph 5.06 will be adjusted with OWNER no such use or occupancy shall commence before the insurers and made payable to OWNER as fiduciary for the insureds, providing the property insurance pursuant to paragraph 5.06 as their interests may appear, subject to the requirements of have acknowledged notice thereof and in writing effected any any applicable mortgage clause and of paragraph 5.08.B. changes in coverage necessitated thereby. The insurers OWNER shall deposit in a separate account any money so providing the property insurance shall consent by endorse - received and shall distribute it in accordance with such agree - ment on the policy or policies, but the property insurance ment as the parties in interest may reach. If no other special shall not be canceled or permitted to lapse on account of any agreement is reached, the damaged Work shall be repaired or such partial use or Occupancy. replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES f B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in 6.01 Supervision and Superintendence interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If -18- A. CONTRACTOR shall supervise, inspect, and direct B. All materials and equipment incorporated into the the Work competently and efficiently, devoting such attention Work shall be as specified or, if not specified, shall be of thereto and applying such skills and expertise as may be good quality and new, except as otherwise provided in the necessary to perform the Work in accordance with the Contract Documents. All warranties and guarantees ' Contract Documents. CONTRACTOR shall be solely specifically called for by the Specifications shall expressly responsible for the means, methods, techniques, sequences, run to the benefit of OWNER If required by ENGINEER, and procedures of construction, but CONTRACTOR shall not CONTRACTOR shall furnish satisfactory evidence be responsible for the negligence of OWNER or ENGINEER (including reports of required tests) as to the source, kirid, and in the design or specification of a specific means, method, quality of materials and equipment. All materials and technique, sequence, or procedure of construction which is equipment shall be stored, applied, installed, connected, shown or indicated in and expressly required by the Contract erected, protected, used, cleaned, and conditioned in Documents. CONTRACTOR shall be responsible to see that accordance with instructions of the applicable Supplier, the completed Work complies accurately with the Contract except as otherwise may be provided in the Contract Docu- Documents. mens. B. At all times during the progress of the Work, 6.04 Progress Schedule CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written A. CONTRACTOR shall adhere to the progress notice to OWNER and ENGINEER except under schedule established in accordance with paragraph 2.07 as it extraordinary circumstances. The superintendent will be may be adjusted from time to time as provided below. CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All 1. CONTRACTOR shall submit to ENGI- communications given to or received from the superintendent NEER for acceptance (to the extent indicated in shall be binding on CONTRACTOR. paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract 6.02 Labor; Working Hours Times (or Milestones). Such adjustments will conform generally to the progress schedule then in A. CONTRACTOR shall provide competent, suitably effect and additionally will comply with any provi- qualified personnel to survey, lay out, and construct the Work sions of the General Requirements applicable thereto. as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the 2. Proposed adjustments in the progress Site. schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the B. Except as otherwise required for the safety or requirements of Article 12. Such adjustments may protection of persons or the Work or property at the Site or only be made by a Change Order or Written Amend - adjacent thereto, and except as otherwise stated in the ment in accordance with Article 12. Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not 6.05 Substitutes and "Or- Equals " permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's A. Whenever an item of material or equipment is written consent (which will not be unreasonably withheld) specified or described in the Contract Documents by using the given after prior written notice to ENGINEER name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. 6.03 Services, Materials, and Equipment Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item A. Unless otherwise specified in the General Re- or no substitution is permitted, other items of material or quirements, CONTRACTOR shall provide and assume full equipment or - material or equipment of other Suppliers may responsibility for all services, materials, equipment, labor, be submitted to ENGINEER for review under the circum- transportation, construction equipment and machinery, tools, stances described below. appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and 1. -Or-Equal" Items: If in ENGINEER's sole incidentals necessary for the performance, testing, start-up, discretion an item of material or equipment proposed and completion of the Work. by CONTRACTOR is flmctionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by -19- r r ENGINEER as an "or- equal" item, in which case The application will state the extent, if any, to review and approval of the proposed item may, in which the use of the proposed substitute item will ENGINEER's sole discretion, be accomplished prejudice CONTRACTOR's achievement of 1 without compliance with some or all of the require- Substantial Completion on time, whether or not ments for approval of proposed substitute items. For use of the proposed substitute item in the Work the purposes of this paragraph 6.05.A.1, a proposed will require a change in any of the Contract Docu- item of material or equipment will be considered ments (or in the provisions of any other direct functionally equal to an item so named if: contract with OWNER for work on the Project) to adapt the design to the proposed substitute item a. in the exercise of reasonable judgment and whether or not incorporation or use of the ENGINEER determines that: (i) it is at least equal proposed substitute item in connection with the in quality, durability, appearance, strength, and Work is subject to payment of any license fee or design characteristics; (ii) it will reliably perform royalty. All variations of the proposed substitute at least equally well the function imposed by the item from that specified will be identified in the design concept of the completed Project as a application, and available engineering, sales, functioning whole, and; maintenance, repair, and replacement services will be indicated. The application will also contain an b. CONTRACTOR certifies that: (i) there is itemized estimate of all costs or credits that will no increase in cost to the OWNER; and (ii) it will result directly or indirectly from use of such conform substantially, even with deviations, to the substitute item, including costs of redesign and detailed requirements of the item named in the claims of other contractors affected by any Contract Documents. resulting change, all of which will be considered by ENGINEER in evaluating the proposed 2. Substitute Items substitute item. ENGINEER may require CON- TRACTOR to famish additional data about the a. If in ENGINEER's sole discretion an item proposed substitute item. of material or equipment proposed by CON- TRACTOR does not qualify as an "or-equal" item B. Substitute Construction Methods or procedures: If under paragraph 6.05.A.1, it will be considered a a specific means, method, technique, sequence, or procedure proposed substitute item. of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may b. CONTRACTOR shall submit sufficient furnish or utilize a substitute means, method, technique, information as provided below to allow ENGI- sequence, or procedure of construction approved by ENGI- NEER to determine that the item of material or NEER. CONTRACTOR shall submit sufficient information equipment proposed is essentially equivalent to to allow ENGINEER, in ENGINEER's sole discretion, to that named and an acceptable substitute therefor. determine that the substitute proposed is equivalent to that Requests for review of proposed substitute items expressly called for by the Contract Documents. The proce- of material or equipment will not be accepted by dure for review by ENGINEER will be similar to that ENGINEER from anyone other than CON- provided in subparagraph 6.05.A.2. TRACTOR C. Engineer's Evaluation: ENGINEER will be c. The procedure for review by ENGINEER allowed a reasonable time within which to evaluate each will be as set forth in paragraph 6.05.A.2.d, as proposal or submittal made pursuant to paragraphs 6.05.A supplemented in the General Requirements and as and 6.05.13. ENGINEER will be the sole judge of accept- ENGINEER may decide is appropriate under the ability. No "or- equal" or substitute will be ordered, installed circumstances. or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an d. CONTRACTOR shall first make written approved Shop Drawing for an "or equal." ENGINEER will application to ENGINEER for review of a advise CONTRACTOR in writing of any negative proposed substitute item of material or equipment determination. that CONTRACTOR seeks to fiirnish or use. The application shall certify that the proposed substi- D. Special Guarantee: OWNER may require CON - tute item will perform adequately the functions TRACTOR to famish at CONTRACTOR's expense a special and achieve the results called for by the general performance guarantee or other surety with respect to any design, be similar in substance to that specified, substitute. and be suited to the same use as that specified. -20- E. ENGMEER's Cost Reimbursement: ENGINEER create for the benefit of any such Subcontractor, Supplier, or will record time required by ENGINEER and ENGINEER's other individual or entity any contractual relationship between Consultants in evaluating substitute proposed or submitted by OWNER or ENGINEER and any such Subcontractor, 1 CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B Supplier or other individual or entity, nor shall it create any and in making changes in the Contract Documents (or in the obligation on the part of OWNER or ENGINEER to pay or to provisions of any other direct contract with OWNER for see to the payment of any moneys due any such Subcon- work on the Project) occasioned thereby. Whether or not tractor, Supplier, or other individual or entity except as may 1 ENGINEER approves a substitute item so proposed or otherwise be required by Laws and Regulations. submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and D. CONTRACTOR shall be solely responsible for ENGINEER's Consultants for evaluating each such proposed scheduling and coordinating the Work of Subcontractors, substitute. Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract F. CONTRACTOR's Expense: CONTRACTOR shall with CONTRACTOR. provide all data in support of any proposed substitute or "or- equal" at CONTRACTOR's expense. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or 6.06 Concerning Subcontractors, Suppliers, and Others furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those F. The divisions and sections of the Specifications and acceptable to OWNER as indicated in paragraph 6.06.B), the identifications of any Drawings shall not control whether initially or as a replacement, against whom OWNER CONTRACTOR in dividing the Work among Subcontractors may have reasonable objection. CONTRACTOR shall not be or Suppliers or delineating the Work to be performed by any required to employ any Subcontractor, Supplier, or other specific trade. individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate B. If the Supplementary Conditions require the identity agreement between CONTRACTOR and the Subcontractor of certain Subcontractors, Suppliers, or other individuals or or Supplier which specifically binds the Subcontractor or entities to be submitted to OWNER in advance for acceptance Supplier to the applicable terms and conditions of the by OWNER by a specified date prior to the Effective Date of Contract Documents for the benefit of OWNER and the Agreement, and if CONTRACTOR has submitted a list ENGINEER Whenever any such agreement is with a 1 thereof in accordance with the Supplementary Conditions, Subcontractor or Supplier who is listed as an additional OWNER's acceptance (either in writing or by failing to make insured on the property insurance provided in paragraph 5.06, written objection thereto by the date indicated for acceptance the agreement between the CONTRACTOR and the or objection in the Bidding Documents or the Contract Subcontractor or Supplier will contain provisions whereby Documents) of any such Subcontractor, Supplier, or other the Subcontractor or Supplier waives all rights against individual or entity so identified may be revoked on the basis OWNER, CONTRACTOR, ENGINEER, ENGINEER's of reasonable objection after due investigation. CON- Consultants, an d all other individuals or entities identified in TRACTOR shall submit an acceptable replacement for the the Supplementary Conditions to be listed as insureds or rejected Subcontractor, Supplier, or other individual or entity, additional insureds (and the officers, directors, partners, and the Contract Price will be adjusted by the difference in employees, agents, and other consultants and subcontractors the cost occasioned by such replacement, and an appropriate of each and any of them) for all losses and damages caused Change Order will be issued or Written Amendment signed by, arising out of, relating to, or resulting from any of the No acceptance by OWNER of any such Subcontractor, perils or causes of loss covered by such policies and any other Supplier, or other individual or entity, whether initially or as a property insurance applicable to the Work. If the insurers on replacement, shall constitute a waiver of any right of any such policies require separate waiver forms to be signed OWNER or ENGINEER to reject defective Work. by any Subcontractor or Supplier, CONTRACTOR will obtain the same. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 6.07 Patent Fees and Royalties Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as A. CONTRACTOR shall pay all license fees and CONTRACTOR is responsible for CONTRACTOR's own royalties and assume all costs incident to the use in the acts and omissions. Nothing in the Contract Documents shall performance of the Work or the incorporation in the Work of -21- 1 1 any invention, design, process, product, or device which is the responsibility to make certain that the Specifications and subject of patent rights or copyrights held by others. If a Drawings are in accordance with Laws and Regulations, but particular invention, design, process, product, or device is this shall not relieve CONTRACTOR of CONTRACTOR's specified in the Contract Documents for use in the obligations under paragraph 3.03. performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or C. Changes in Laws or Regulations not known at the copyrights calling for the payment of any license fee or time of opening of Bids (or, on the Effective Date of the royalty to others, the existence of such rights shall be Agreement if there were no Bids) having an effect on the cost disclosed by OWNER in the Contract Documents. To the or time of performance of the Work may be the subject of an fullest extent permitted by Laws and Regulations, adjustment in Contract Price or Contract Times. If OWNER CONTRACTOR shall indemnify and hold harmless and CONTRACTOR are unable to agree on entitlement to or OWNER, ENGINEER, ENGINEER's Consultants, and the on the amount or extent, if any, of any such adjustment, a officers, directors, partners, employees or agents, and other Claim may be made therefor as provided in paragraph 10.05. consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited 6.10 Taxes to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute A. CONTRACTOR shall pay all sales, consumer, use, resolution costs) arising out of or relating to any infringement and other similar taxes required to be paid by CONTRAC- ' of patent rights or copyrights incident to the use in the TOR in accordance with the Laws and Regulations of the performance of the Work or resulting from the incorporation place of the Project which are applicable during the in the Work of any invention, design, process, product, or performance of the Work. device not specified in the Contract Documents. 6.11 Use of Site and Other Areas 6.08 Permits A. Limitation on Use ofS'ite and Other Areas A, Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all 1. CONTRACTOR shall confine construction construction permits and licenses. OWNER shall assist equipment, the storage of materials and equipment, CONTRACTOR, when necessary, in obtaining such permits and the operations of workers to the Site and other and licenses. CONTRACTOR shall pay all governmental areas permitted by Laws and Regulations, and shall charges and inspection fees necessary for the prosecution of not unreasonably encumber the Site and other areas the Work which are applicable at the time of opening of Bids, with construction equipment or other materials or or, if there are no Bids, on the Effective Date of the equipment. CONTRACTOR shall assume full Agreement. CONTRACTOR shall pay all charges of utility responsibility for any damage to any such land or area, owners for connections to the Work, and OWNER shall pay or to the owner or occupant thereof, or of any adjacent all charges of such utility owners for capital costs related land or areas resulting from the performance of the thereto, such as plant investment fees. Work. 6.04 Laws and Regulations 2. Should any claim be made by any such owner or occupant because of the performance of the A. CONTRACTOR shall give all notices and comply Work, CONTRACTOR shall promptly settle with with all Laws and Regulations applicable to the performance such other party by negotiation or otherwise resolve of the Work. Except where otherwise expressly required by the claim by arbitration or other dispute resolution applicable Laws and Regulations, neither OWNER nor proceeding or at law. ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or 3. To the fullest extent permitted by Laws and Regulations. Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's B. If CONTRACTOR performs any Work knowing or Consultant, and the officers, directors, partners, having reason to know that it is contrary to Laws or employees, agents, and other consultants of each and Regulations, CONTRACTOR shall bear claims, costs, any of them from and against all claims, costs, losses, losses, and damages (including but not limited to all fees and and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute professionals and all court or arbitration or other resolution costs) arising out of or relating to such Work; dispute resolution costs) arising out of or relating to however, it shall not be CONTRACTOR's primary any claim or action, legal or equitable, brought by any ' -22- such owner or occupant against OWNER, ENGINEER, or any other party indemnified 3. other property at the Site or adjacent hereunder to the extent caused by or based upon thereto, including trees, shrubs, lawns, walks, pave - CONTRACTOR's performance of the Work. ments, roadways, structures, utilities, and Under- ground Facilities not designated for removal, reloca- B. Removal of Debris During Performance of the tion, or replacement in the course of construction. Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of B. CONTRACTOR shall comply with all applicable waste materials, rubbish, and other debris. Removal and Laws and Regulations relating to the safety of persons or disposal of such waste materials, rubbish, and other debris property, or to the protection of persons or property from shall conform to applicable Laws and Regulations. damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. C. Cleaning: Prior to Substantial Completion of the CONTRACTOR shall notify owners of adjacent property and Work CONTRACTOR shall clean the Site and make it ready of Underground Facilities and other utility owners when for utilization by OWNER At the completion of the Work prosecution of the Work may affect them, and shall cooperate CONTRACTOR shall remove from the Site all tools, with them in the protection, removal, relocation, and appliances, construction equipment and machinery, and replacement of their property. All damage, injury, or loss to surplus materials and shall restore to original condition all any property referred to in paragraph 6.13.A.2 or 6.13.A.3 property not designated for alteration by the Contract caused, directly or indirectly, in whole or in part, by CON - Documents. TRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of D. Loading Structures: - CONTRACTOR shall not load them to perform any of the Work, or anyone for whose acts nor permit any part of any structure to be loaded in any any of them may be liable, shall be remedied by manner that will endanger the structure, nor shall- CONTRACTOR (except damage or loss attributable to the CONTRACTOR subject any part of the Work or adjacent fault of Drawings or Specifications or to the acts or omissions property to stresses or pressures that will endanger it. of OWNER or ENGINEER or ENGINEEWs Consultant, or anyone employed by any of them, or anyone for whose acts 6.12 Record Documents any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of 1 A. CONTRACTOR shall maintain in a safe place at the CONTRACTOR or any Subcontractor, Supplier, or other Site one record copy of all Drawings, Specifications, individual or entity directly or indirectly employed by any of Addenda, Written Amendments, Change Orders, Work them). CONTRACTOR's duties and responsibilities for Change Directives, Field Orders, and written interpretations safety and for protection of the Work shall continue until such and clarifications in good order and annotated to show time as all the Work is completed and ENGINEER has issued changes made during construction. These record documents a notice to OWNER and CONTRACTOR in accordance with together with all approved Samples and a counterpart of all paragraph 14.07.13 that the Work is acceptable (except as ' approved Shop Drawings will be available to ENGINEER for otherwise expressly provided in connection with Substantial reference. Upon completion of the Work, these record Completion). documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.14 Safety Representative 6.13 Safety and Protection A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and A. CONTRACTOR shall be solely responsible for responsibilities shall be the prevention of accidents and the ' initiating, maintaining and supervising all safety precautions maintaining and supervising of safety precautions and and programs in connection with the Work. CONTRACTOR programs. shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or 6.15 Hazard Communication Programs 1 loss to: A. CONTRACTOR shall be responsible for coordi- 1. all persons on the Site or who may be nating any exchange of material safety data sheets or other affected by the Work; hazard communication information required to be made available to or exchanged between or among employers at the 2. all the Work and materials and equipment Site in accordance with Laws or Regulations. to be incorporated therein, whether in storage on or off 1 the Site; and ' -23- 6.16 Emergencies a. all field measurements, quantities, dimen- sions, specified performance criteria, installation A. In emergencies affecting the safety or protection of requirements, materials, catalog numbers, and persons or the Work or property at the Site or adjacent similar information with respect thereto; thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall b. all materials with respect to intended use, give ENGINEER prompt written notice if CONTRACTOR fabrication, shipping, handling, storage, assembly, ' believes that any significant changes in the Work or and installation pertaining to the performance of variations from the Contract Documents have been caused the Work; thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is c, all information relative to means, methods, required because of the action taken by CONTRACTOR in techniques, sequences, and procedures of construc- response to such an emergency, a Work Change Directive or tion and safety precautions and programs incident Change Order will be issued. thereto; and 6.17 Shop Drawings and Samples d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample A. CONTRACTOR shall submit Shop Drawings to with other Shop Drawings and Samples and with ' ENGINEER for review and approval in accordance with the the requirements of the Work and the Contract acceptable schedule of Shop Drawings and Sample Documents. submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the 2. Each submittal shall bear a stamp or specif- General Requirements. The data shown on the Shop is written indication that CONTRACTOR has satis- Drawings will be complete with respect to quantities, dimen- fied CONTRACTOR's obligations under the Contract sions, specified performance and design criteria, materials, Documents with respect to CONTRACTOR's review and similar data to show ENGINEER the services, materials, and approval of that submittal, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited 3. At the time of each submittal, CONTRAC- purposes required by paragraph 6.17.E. TOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or B. CONTRACTOR shall also submit Samples to Sample submitted may have from the requirements of ENGINEER for review and approval in accordance with the the Contract Documents, such notice to be in a written acceptable schedule of Shop Drawings and Sample communication separate from the submittal; and, in 1 submittals. Each Sample will be identified clearly as to addition, shall cause a specific notation to be made on material, Supplier, pertinent data such as catalog numbers, each Shop Drawing and Sample submitted to ENGI- and the use for which intended and otherwise as ENGINEER NEER for review and approval of each such variation. may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The E. ENGINEER's Review numbers of each Sample to be submitted will be as specified in the Specifications. 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance C. Where a Shop Drawing or Sample is required by the with the schedule of Shop Drawings and Sample Contract Documents or the schedule of Shop Drawings and submittals acceptable to ENGINEER. ENGINEER's Sample submittals acceptable to ENGINEER as required by review and approval will be only to determine if the paragraph 2.07, any related Work performed prior to items covered by the submittals will, after installation ENGINEER's review and approval of the pertinent submittal or incorporation in the Work, conform to the will be at the sole expense and responsibility of information given in the Contract Documents and be CONTRACTOR. compatible with the design concept of the completed Project as a functioning whole as indicated by the D. Submittal Procedures Contract Documents. 1. Before submitting each Shop Drawing or 2. ENGINEER's review and approval will not Sample, CONTRACTOR shall have determined and extend to means, methods, techniques, sequences, or verified: procedures of construction {except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by ' -24- ' the Contract Documents) or to safety precautions or programs incident thereto. The review and approval B. CONTRACTOR's obligation to perform and of a separate item as such will not indicate approval of complete the Work in accordance with the Contract the assembly in which the item functions. Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance 3. ENGINEER's review and approval of with the Contract Documents or a release of Shop Drawings or Samples shall not relieve CON- CONTRACTOR's obligation to perform the Work in TRACTOR from responsibility for any variation from accordance with the Contract Documents: the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's 1. observations by ENGINEER; attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and 2. recommendation by ENGINEER or pay - ENGINEER has given written approval of each such ment by OWNER of any progress or final payment; variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or 3, the issuance of a certificate of Substantial Sample approval; nor will any approval by Completion by ENGINEER or any payment related ENGINEER relieve CONTRACTOR from thereto by OWNER; responsibility for complying with the requirements of ' paragraph 6.17.D.1. 4. use or occupancy of the Work or any part thereof by OWNER; F. Resubmittal Procedures 5. any acceptance by OWNER or any failure 1. CONTRACTOR shall make corrections to do so; required by ENGINMER and shall return the required number of corrected copies of Shop Drawings and 6. any review and approval of a Shop Draw - submit as required new Samples for review and ing or Sample submittal or the issuance of a notice of approval. CONTRACTOR shall direct specific acceptability by ENGINEER; attention in writing to revisions other than the corrections called for by ENGINEER on previous 7. any inspection, test, or approval by others; ' submittals. or 6.18 Continuing the )=Pork 8. any correction of defective Work by OWN- ER. 1 A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements 6.20 Indemnification with OWNER- No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except A. To the fullest extent permitted by Laws and Regula- as permitted by paragraph 15.04 or as OWNER and tions, CONTRACTOR shall indemnify and hold harmless CONTRACTOR may otherwise agree in writing. OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other 6.19 CONTRACTOR's General Warranty and Guaran- consultants and subcontractors of each and any of them from tee and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, A. CONTRACTOR wan-ants and guarantees to attorneys, and other professionals and all court or arbitration OWNTR, ENGINEER, and ENGINEER's Consultants that or other dispute resolution costs) arising out of or relating to all Work will be in accordance with the Contract Documents the performance of the Work, provided that any such claim, and will not be defective. CONTRACTOR's warranty and cost, loss, or damage: guarantee hereunder excludes defects or damage caused by: 1. is attributable to bodily injury, sickness, 1. abuse, modification, or improper main- disease, or death, or to injury to or destruction of tenance or operation by persons other than CON - tangible property (other than the Work itself), includ- TRACTOR, Subcontractors, Suppliers, or any other ing the loss of use resulting therefrom; and individual or entity for whom CONTRACTOR is responsible; or 2. is caused in whole or in part by any negli- gent act or omission of CONTRACTOR, any Sub- 2. normal wear and tear under normal usage, contractor, any Supplier, or any individual or entity ' -25- 1 1 ' directly or indirectly employed by any of them to 2. if OWNER and CONTRACTOR are perform any of the Work or anyone for whose acts any unable to agree on entitlement to or on the amount or of them may be liable, regardless of whether or not extent, if any, of any adjustment in the Contract Price caused in part by any negligence or omission of an or Contract Times that should be allowed as a result of individual or entity indemnified hereunder or whether such other work, a Claim may be made therefor as liability is imposed upon such indemnified party by provided in paragraph 10.05. Laws and Regulations regardless of the negligence of 1 any such individual or entity. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner B. In any and all claims against OWNER or ENGI- (and OWNER, if OWNER is performing the other work with NEER or any of their respective consultants, agents, officers, OWNER's employees) proper and safe access to the Site and 1 directors, partners, or employees by any employee (or the a reasonable opportunity for the introduction and storage of survivor or personal representative of such employee) of materials and equipment and the execution of such other CONTRACTOR, any Subcontractor, any Supplier, or any work and shall properly coordinate the Work with theirs. individual or entity directly or indirectly employed by any of Unless otherwise provided in the Contract Documents, CON - them to perform any of the Work, or anyone for whose acts TRACTOR shall do all cutting, fitting, and patching of the any of them may be liable, the indemnification obligation Work that may be required to properly connect or otherwise under paragraph 6.20.A shall not be limited in any way by make its several parts come together and properly integrate any limitation on the amount or type of damages, with such other work. CONTRACTOR shall not endanger compensation, or benefits payable by or for CONTRACTOR any work of others by cutting, excavating, or otherwise or any such Subcontractor, Supplier, or other individual or altering their work and will only cut or alter their work with entity under workers' compensation acts, disability benefit the written consent of ENGINEER and the others whose acts, or other employee benefit acts. work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of C. The indemnification obligations of CONTRACTOR such utility owners and other contractors to the extent that under paragraph 6.20.A shall not extend to the liability of there are comparable provisions for the benefit of ENGINEER and ENGINEER's Consultants or to the officers, CONTRACTOR in said direct contracts between OWNER directors, partners, employees, agents, and other consultants and such utility owners and other contractors. and subcontractors of each and any of them arising out of: C. If the proper execution or results of any part of 1. the preparation or approval of, or the CONTRACTOR's Work depends upon work performed by failure to prepare or approve, maps, Drawings, others under this Article 7, CONTRACTOR shall inspect opinions, reports, surveys, Change Orders, designs, or such other work and promptly report to ENGINEER in Specifications; or writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper 2. giving directions or instructions, or failing execution and results of CONTRACTOR's Work. to give them, if that is the primary cause of the injury CONTRACTOWs failure to so report will constitute an or damage. 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. 1 ARTICLE 7 - OTHER WORK 7.02 Coordination 7.01 Related Work at Site A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the A. OWNER may perform other work related to the following will be set forth in Supplementary Conditions: Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility 1. the individual or entity who will have owners. If such other work is not noted_ in the Contract authority and responsibility for coordination of the Documents, then: activities among the various contractors will be identified; I. written notice thereof will be given to CONTRACTOR prior to starting any such other 2. the specific matters to be covered by such work; and authority and responsibility will be itemized; and ' -26- 3. the extent of such authority and responsi- A. OWNER is obligated to execute Change Orders as bilities will be provided. indicated in paragraph 10.03. B. Unless otherwise provided in the Supplementary 8.08 Inspections, Tests, and Approvals Conditions, OWNER shall have sole authority and respon- sibility for such coordination. A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.09 Limitations on OWNER's Responsibilities ' 8.01 Communications to Contractor A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, A. Except as otherwise provided in these General CONTRACTOR's means, methods, techniques, sequences, Conditions, OWNER shall issue all communications to or procedures of construction, or the safety precautions and CONTRACTOR through ENGINEER. programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applicable 8.02 Replacement of ENGINEER to the performance of the Work OWNER will not be 1 responsible for CONTRACTOR's failure to perform the A. In case of termination of the employment of ENGI- Work in accordance with the Contract Documents. NEER, OWNER shall appoint an engineer to whom CON'T'RACTOR makes no reasonable objection, whose 8.10 Undisclosed Hazardous Environmental Condition status under the Contract Documents shall be that of the former ENGINEER. A. OWNER's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in 1 8.03 Furnish Data paragraph 4.06. A. OWNER shall promptly furnish the data required of 8.11 Evidence of Financial Arrangements OWNER under the Contract Documents. A. If and to the extent OWNER has agreed to fiunish 8.04 Pay Promptly When Due CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's A. OWNER shall make payments to CONTRACTOR obligations under the Contract Documents, OWNER's promptly when they are due as provided in paragraphs responsibility in respect thereof will be as set forth in the 14.02_C and 14.07.C. Supplementary Conditions. 8.05 Lands and Easements; Reports and Tests ARTICLE 9 - ENGINEER'S STATUS DURING A. OWNER's duties in respect of providing lands and CONSTRUCTION easements and providing engineering surveys to establish 1 reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making 9.01 0 WNER'S Representative available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical A. ENGINEER will be OWNER's representative conditions in or relating to existing surface or subsurface during the construction period. The duties and responsi- structures at or contiguous to the Site that have been utilized bilities and the limitations of authority of ENGINEER as by ENGINEER in preparing the Contract Documents. OWNER's representative during construction are set forth in the Contract Documents and will not be changed without ' 8.06 Insurance written consent of OWNER and ENGINEER. A. OWNER's responsibilities, if any, in respect to pur- 9.02 Visits to Site chasing and maintaining liability and property insurance are set forth in Article 5. A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as 8.07 Change Orders ENGINEER deems necessary in order to observe as an ' experienced and qualified design professional the progress -27- that has been made and the quality of the various aspects of result of a written clarification or interpretation, a Claim may CONTRACTOR's executed Work. Based on information be made therefor as provided in paragraph 10.05. obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the 9.05 Authorized variations in Work Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make A. ENGINEER may authorize minor variations in the exhaustive or continuous inspections on the Site to check the Work from the requirements of the Contract Documents quality or quantity of the Work. ENGINEER's efforts will be which do not involve an adjustment in the Contract Price or directed toward providing for OWNER a greater degree of the Contract Times and are compatible with the design confidence that the completed Work will conform generally concept of the completed Project as a functioning whole as to the Contract Documents. On the basis of such visits and indicated by the 'Contract Documents. These may be ' observations, ENGINEER will keep OWNER informed of accomplished by a Field Order and will be binding on the progress of the Work and will endeavor to guard OWNER OWNER and also on CONTRACTOR, who shall perform the against defective Work. Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or B. ENGINEER's visits and observations are subject to extent, if any, of any adjustment in the Contract Price or all the limitations on ENGINEER's authority and Contract Times, or both, as a result of a Field Order, a Claim responsibility set forth in paragraph 9. 10, and particularly, but may be made therefor as provided in paragraph 10.05. without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work 9.06 Rejecting Defective Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's A. ENGINEER will have authority to disapprove or means, methods, techniques, sequences, or procedures of reject Work which ENGINEER believes to be defective, or construction, or the safety precautions and programs incident- that ENGINEER believes will not produce a completed thereto, or for any failure of CONTRACTOR to comply with Project that conforms to the Contract Documents or that will Laws and Regulations applicable to the performance of the prejudice the integrity of the design concept of the completed ' Work. Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require 9.03 Project Representative special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, A. If OWNER and ENGINEER agree, ENGINEER installed, or completed. will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the 9.07 Shop Drawings, Change Orders and Payments Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and A. In connection with ENGINEER's authority as to assistants will be as provided in paragraph 9.10 and in the Shop Drawings and Samples, see paragraph 6.17. Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who B. In connection with ENGINEER's authority as to is not ENGINEER's Consultant, agent or employee, the Change Orders, see Articles 10, 11, and 12. responsibilities and authority and limitations thereon of such ' other individual or entity will be as provided in the Supple- C. In connection with ENGINEER's authority as to mentary Conditions. Applications for Payment, see Article 14. 9.04 Clarifications and Interpretations 9.08 Determinations for Unit Price Work A. ENGINEER will issue with reasonable promptness A. ENGINEER will determine the actual quantities and such written clarifications or interpretations of the require- classifications of Unit Price Work performed by ments of the Contract Documents as ENGINEER may deter- CONTRACTOR ENGINEER will review with CON- , mine necessary, which shall be consistent with the intent of TRACTOR the ENGINEER's preliminary determinations on and reasonably inferable from the Contract Documents. Such such matters before rendering a written decision thereon (by written clarifications and interpretations will be binding on recommendation of an Application for Payment or ' OWNER and CONTRACTOR If OWNER and CON- otherwise). ENGINEER's written decision therm will be TRACTOR are unable to agree on entitlement to or on the final and binding (except as modified by ENGINEER to amount or extent, if any, of any adjustment in the Contract reflect changed factual conditions or more accurate data) Price or Contract Times, or both, that should be allowed as a upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. -28- Supplier, or of any other individual or entity performing any 9.09 Decisions on Requirements of Contract Documents of the Work. and Acceptability of Work D. ENGINEER's review of the final Application for A. ENGINEER will be the initial interpreter of the Payment and- accompanying documentation and all mainte- requirements of the Contract Documents and judge of the nance and operating instructions, schedules, guarantees, acceptability of the Work thereunder. Claims, disputes and Bonds, certificates of inspection, tests and approvals, and other matters relating to the acceptability of the Work, the other documentation required to be delivered by paragraph quantities and classifications of Unit Price Work, the 14.07.A will only be to determine generally that their content interpretation of the requirements of the Contract Documents complies with the requirements of, and in the case of pertaining to the performance of the Work, and Claims certificates of inspections, tests, and approvals that the results seeking changes in the Contract Price or Contract Times will certified indicate compliance with, the Contract Documents. be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a E. The limitations upon authority and responsibility set formal decision. forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to ARTICLE 10 - CHANGES IN THE WORK; CLAIMS OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by 10.01 Authorized Changes in the Work ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which A. Without invalidating the Agreement and without have been waived by the making or acceptance of final. notice to any surety, OWNER may, at any time or from time payment as provided in paragraph 14.07) will be a condition to time, order additions, deletions, or revisions in the Work by precedent to any exercise by OWNER or CONTRACTOR of a Written Amendment, a Change Order, or a Work Change such rights or remedies as either may otherwise have under Directive. Upon receipt of any such document, the Contract Documents or by Laws or Regulations in respect CONTRACTOR shall promptly proceed with the Work of any such Claim, dispute, or other matter. involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise 9.10 Limitations on ENGINEER's Authority and specifically provided). Responsibilities B. If OWNER and CONTRACTOR are unable to A. Neither ENGINEER's authority or responsibility agree on entitlement to, or on the amount or extent, if any, of under this Article 9 or under any other provision of the an adjustment in the Contract Price or Contract Times, or Contract Documents nor any decision made by ENGINEER both, that should be allowed as a result of a Work Change in good faith either to exercise or not exercise such authority Directive, a Claim may be made therefor as provided in ' or responsibility or the undertaking, exercise, or performance paragraph 10.05. of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise 10.02 Unauthorized Changes in the Work owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety A. CONTRACTOR shall not be entitled to an increase for or employee or agent of any of them. in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the B. ENGINEER will not supervise, direct, control, or Contract Documents as amended, modified, or supplemented have authority over or be responsible for CONTRACTOR's as provided in paragraph 3.04, except in the case of an emer- means, methods, techniques, sequences, or procedures of gency as provided in paragraph 6.16 or in the case of construction, or the safety precautions and programs incident uncovering Work as provided in paragraph 13.04.B. thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the 10.03 Execution of Change Orders Work. ENGINEER will not be ' responsible for CONTRACTOR's failure to perform the Work in accordance A. OWNER and CONTRACTOR shall execute with the Contract Documents. appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: C. ENGINEER will not be responsible for the acts or 1 omissions of CONTRACTOR or of any Subcontractor, any ' -29- I , changes in the Work which are: (i) ordered claimant within 30 days after receipt of the claimant's last by OWNER pursuant to paragraph 10.0l.A, (ii) re- submittal (unless ENGINEER allows additional time). quired because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of B. ENGINEER 's Decision: ENGINEER will render a defective Work under paragraph 13.09, or (iii) agreed formal decision in writing within 30 days after receipt of the to by the parties; last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on 2. changes in the Contract Price or Contract such Claim, dispute, or other matter will be final and binding Times which are agreed to by the parties, including upon OWNER and CONTRACTOR unless: any undisputed sum or amount of time for Work actually performed in accordance with a Work Change 1. an appeal from ENGINEER's decision is Directive; and taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; 3. changes in the Contract Price or Contract or Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- 2. if no such dispute resolution procedures graph 10.05; provided that, in lieu of executing any have been set forth in Article 16, a written notice of such Change Order, an appeal may be taken from any intention to appeal from ENGINEER's written such decision in accordance with the provisions of the decision is delivered by OWNER or CONTRACTOR Contract Documents and applicable Laws and Regula- to the other and to ENGINEER within 30 days after tions, but during any such appeal, CONTRACTOR the date of such decision, and a formal proceeding is shall carry on the Work and adhere to the progress instituted by the appealing party in a forum of schedule as provided in paragraph 6.18.A. competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial 10.04 Notification to Surety Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), A. If notice of any change affecting the general scope to exercise such rights or remedies as the appealing of the Work or the provisions of the Contract Documents party may have with respect to such Claim, dispute, or (including, but not limited to, Contract Price or Contract other matter in accordance with applicable Laws and Times) is required by the provisions of any Bond to be given Regulations. to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each C. If ENGINEER does not render a formal decision in applicable Bond will be adjusted to reflect the effect of any writing within the time stated in paragraph 10.05.B, a such change. decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of 10.05 Claims and Disputes the claimant or the last submittal of the opposing party, if any. ' A. Notice: Written notice stating the general nature of D. No Claim for an adjustment in Contract Price or each Claim, dispute, or other matter shall be delivered by the Contract Times (or Milestones) will be valid if not submitted claimant to ENGINEER and the other party to the Contract in accordance with this paragraph 10.05. promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data ARTICLE I 1 - COST OF THE WORK; CASH shall be delivered to the ENGINEER and the other party to ALLOWANCES; UNIT PRICE WORK the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such 11.01 Cost of the Work Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the A. Costs Included: The term Cost of the Work means provisions of paragraph 12.01.B. A Claim for an adjustment the sum of all costs necessarily incurred and paid by CON - in Contract Time shall be prepared in accordance with the TRACTOR in the proper performance of the Work When ' provisions of paragraph 12.02.B. Each Claim shall be accom- the value of any Work covered by a Change Order or when a panied by claimant's written statement that the adjustment Claim for an adjustment in Contract Price is determined on claimed is the entire adjustment to which the claimant the basis of Cost of the Work, the costs to be reimbursed to believes it is entitled as a result of said event. The opposing CONTRACTOR will be only those additional or incremental party shall submit any response to ENGINEER and the costs required because of the change in the Work or because ' -30- of the event giving rise to the Claim. Except as otherwise ries, surveyors, attorneys, and accountants) employed may be agreed to in writing by OWNER, such costs shall be for services specifically related to the Work. in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall 5. Supplemental costs including the ' not include any of the costs itemized in paragraph 11.01.B. following: 1. Payroll costs for employees in the direct a.The proportion of necessary transportation, employ of CONTRACTOR in the performance of the travel, and subsistence expenses of CONTRACTOR's Work under schedules of job classifications agreed employees incurred in discharge of duties connected upon by OWNER and CONTRACTOR Such with the Work. employees shalt include without limitation superinten- dents, foremen, and other personnel employed full b. Cost, including transportation and mainte- time at the Site. Payroll costs for employees not nance, of all materials, supplies, equipment, employed full time on the Work shall be apportioned machinery, appliances, office, and temporary facilities on the basis of their time spent on the Work. Payroll at the Site, and hand tools not owned by the workers, costs shall include, but not be limited to, salaries and which are consumed in the performance of the Work, wages plus the cost of fringe benefits, which shall and cost, less market value, of such items used but not include social security contributions, unemployment, consumed which remain the property of CON- excise, and payroll taxes, workers' compensation, TRACTOR- health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The C. Rentals of all construction equipment and expenses of performing Work outside of regular machinery, and the parts thereof whether rented from working hours, on Saturday, Sunday, or legal CON'T'RACTOR or others in accordance with rental holidays, shall be included in the above to the extent- agreements approved by OWNER with the advice of authorized by OWNER. ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal there- 2. Cost of all materials and equipment fur- of. All such costs shall be in accordance with the nished and incorporated in the Work, including costs terms :,f said rental agreements. The rental of any of transportation and storage thereof, and Suppliers' such equipment, machinery, or parts shall cease when field services required in connection therewith. All the use thereof is no longer necessary for the Work. cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with d. Sales, consumer, use, and other similar which to make payments, in which case the cash taxes related to the Work, and for which CONTRAC- discounts shall accrue to OWNER. All trade dis- TOR is liable, imposed by Laws and Regulations. counts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to e . Deposits lost for causes other than negli- OWNER, and CONTRACTOR shall make provisions gence of CONTRACTOR, any Subcontractor, or i so that they may be obtained. anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and 3. Payments made by CONTRACTOR to royalty payments and fees for permits and licenses. Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRAC- f. Losses and damages (and related expenses) TOR shall obtain competitive bids from subcontrac- caused by damage to the Work, not compensated by tors acceptable to OWNER and CONTRACTOR and insurance or otherwise, sustained by CONTRACTOR shall deliver such bids to OWNER, who will then in connection with the performance of the Work determine, with the advice of ENGINEER, which (except losses and damages within the deductible bids, if any, will be acceptable. If any subcontract amounts of property insurance established in provides that the Subcontractor is to be paid on the accordance with paragraph 5.06.13), provided such basis of Cost of the Work plus a fee, the losses and damages have resulted from causes other Subcontractor's Cost of the Work and fee shall be than the negligence of CONTRACTOR, any determined in the same manner as CONTRACTOR's Subcontractor, or anyone directly or indirectly Cost of the Work and fee as provided in this paragraph employed by any of them or for whose acts any of 11.01. them may be liable. Such losses shall include settlements made with the written consent and 4. Costs of special consultants (including but approval of OWNER No such losses, damages, and not limited to engineers, architects, testing laborato- -31- r r L expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and g. The cost of utilities, fuel, and sanitary expressly included in paragraphs 11.0I.A and facilities at the Site. I LO1.B. h. Minor expenses such as telegrams, long C. CONTRACTOR's Fee: When all the Work is distance telephone calls, telephone service at the Site, performed on the basis of cost -plus, CONTRACTOR's fee expressage, and similar petty cash items in connection shall be determined as set forth in the Agreement. When the with the Work. value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on i. When the Cost of the Work is used to the basis of Cost of the Work, CONTRACTOR's fee shall be determine the value of a Change Order or of a Claim, determined as set forth in paragraph 12.01.C. the cost of premiums for additional Bonds and insurance required because of the changes in the Work D, Documentation: Whenever the Cost of the Work for or caused by the event giving rise to the Claim. any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and j. When all the Work is performed on the basis of maintain records thereof in accordance with generally cost -plus, the costs of premiums for all Bonds and accepted accounting practices and submit in a form insurance CONTRACTOR is required by the Contract acceptable to ENGINEER an itemized cost breakdown Documents to purchase and maintain. together with supporting data. B. Costs Excluded: The term Cost of the Work shall 11.02 Cash Allowances not include any of the following items: A. It is understood that CONTRACTOR has included 1. Payroll costs and other compensation of in the Contract Price all allowances so named in the Contract CONTRACTOR's officers, executives, principals (of Documents and shall cause the Work so covered to be partnerships and sole proprietorships), general manag- performed for such sums as may be acceptable to OWNER ers, engineers, architects, estimators, attorneys, audi- and ENGINEER. CONTRACTOR agrees that: tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel I. the allowances include the cost to CON - employed by CONTRACTOR, whether at the Site or TRACTOR (less any applicable trade discounts) of in CONTRACTOR's principal or branch office for materials and equipment required by the allowances to general administration of the Work and not specifical- be delivered at the Site, and all applicable taxes; and ly included in the agreed upon schedule of job classifications referred to in paragraph I1,01.A.1 or 2. CONTRACTOR's costs for unloading and specifically covered by paragraph 11.01.A.4, all of handling on the Site, labor, installation costs, over - which are to be considered administrative costs head, profit, and other expenses contemplated for the covered by the CONTRACTOR's fee. allowances have been included in the Contract Price and not in the allowances, and no demand for addi- 2. Expenses of CONTRACTOR's principal tional payment on account of any of the foregoing will and branch offices other than CONTRACTOR's be valid. office at the Site. B. Prior to final payment, an appropriate Change Order 3. Any part of CONTRACTOR's capital will be issued as recommended by ENGINEER to reflect expenses, including interest on CONTRACTOR's actual amounts due CONTRACTOR on account of Work capital employed for the Work and charges against covered by allowances, and the Contract Price shall be CONTRACTOR for delinquent payments. correspondingly adjusted. 4. Costs due to the negligence of CONTRAC- 1 1.03 Unit Price Work TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any A. Where the Contract Documents provide that all or of them may be liable, including but not limited to, the part of the Work is to be Unit Price Work, initially the correction of defective Work, disposal of materials or Contract Price will be deemed to include for all Unit Price equipment wrongly supplied, and making good any Work an amount equal to the sum of the unit price for each damage to property. separately identified item of Unit Price Work times the -32- estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work 2. where the Work involved is not covered by are not guaranteed and are solely for the purpose of unit prices contained in the Contract Documents, by a comparison of Bids and determining an initial Contract Price. mutually agreed lump sum (which may include an Determinations of the actual quantities and classifications of allowance for overhead and profit not necessarily in Unit Price Work performed by CONTRACTOR will be made accordance with paragraph 12.0l.C.2); or by ENGINEER subject to the provisions of paragraph 9.08. 3, where the Work involved is not covered by B. Each unit price will be deemed to include an amount unit prices contained in the Contract Documents and considered by CONTRACTOR to be adequate to cover agreement to a lump sum is not reached under para- CONTRACTOR's overhead and profit for each separately graph 12.0l.B.2, on the basis of the Cost of the Work identified item. (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter - C. OWNER or CONTRACTOR may make a Claim for mined as provided in paragraph 12.01.C). ' an adjustment in the Contract Price in accordance with paragraph 10.05 if: C. CONTRACTOR's Fee: The CONTRACTOR's fee - for overhead and profit shall be determined as follows: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and 1. a mutually acceptable fixed fee; or significantly from the estimated quantity of such item indicated in the Agreement; and 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various 2. there is no corresponding adjustment with portions of the Cost of the Work: respect any other item of Work; and a. for costs incurred under paragraphs 3. if CONTRACTOR believes that ll.0l.A.1 and 11.0l.A.2, the CONTRACTOR's ' CONTRACTOR is entitled to an increase in Contract fee shall be 15 percent; Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a b. for costs incurred under paragraph decrease in Contract Price and the parties are unable to 11.0 LA-3, the CONTRACTOR s fee shall be five agree as to the amount of any such increase or percent; decrease. c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and ARTICLE 12 - CHANGE OF CONTRACT PRICE; no fixed fee is agreed upon, the intent of paragraph CHANGE OF CONTRACT TIMES 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such 12.01 Change of Contract Price Subcontractor under paragraphs 11.01.A.1 and 11.0I.A.2 and that any higher tier Subcontractor A. The Contract Price may only be changed by a and CONTRACTOR will each be paid a fee of Change Order or by a Written Amendment. Any Claim for five percent of the amount paid to the next lower an adjustment in the Contract Price shall be based on written tier Subcontractor; notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance d. no fee shalt be payable on the basis of with the provisions of paragraph 10.05. costs itemized under paragraphs 11.01.A.4, 11.0I.A.5, and 11.01.B; B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will e. the amount of credit to be allowed by be determined as follows: CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the 1. where the Work involved is covered by amount of the actual net decrease in cost plus a unit prices contained in the Contract Documents, by deduction in CONTRACTOR's fee by an amount application of such unit prices to the quantities of the equal to five percent of such net decrease; and items involved (subject to the provisions of paragraph 1 ' 11.03 ); or -33- f when both additions and credits are in- 12.06 Delay Damages volved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the A. In no event shall OWNER or ENGINEER be liable basis of the net change in accordance with para- to CONTRACTOR, any Subcontractor, any Supplier, or any graphs 12.0I.C.2.a through 12.0I.C.2.e, inclusive. other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or 12.02 Change of Contract Times resulting from: A. The Contract Times (or Milestones) may only be 1. delays caused by or within the control of changed by a Change Order or by a Written Amendment. CONTRACTOR; or Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the 2. delays beyond the control of both OWNER party making the claim to the ENGINEER and the other party and CONTRACTOR including but not limited to to the Contract in accordance with the provisions of fires, floods, epidemics, abnormal weather conditions, paragraph 10.05. acts of God, or acts or neglect by utility owners or other contractors performing other work as B. Any adjustment of the Contract Times (or contemplated by Article 7. Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be B. Nothing in this paragraph 12.06 bars a change in determined in accordance with the provisions of this Contract Price pursuant to this Article 12 to compensate Article 12. CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or 12.03 Delays Beyond CONTRACTOR's Control anyone for whom OWNER is responsible. A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times ARTICLE 13 - TESTS AND INSPECTIONS; (or Milestones) due to delay beyond the control of CORRECTION, REMOVAL OR ACCEPTANCE OF CONTRACTOR, the Contract Times (or Milestones) will be DEFECTIVE WORK extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall 13.01 Notice of Defects include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors perform- A. Prompt notice of all defective Work of which ing other work as contemplated by Article 7, fires, floods, OWNER or ENGINEER has actual knowledge will be given epidemics, abnormal weather conditions, or acts of God. to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 12.04 Delays Within CONTRACTOR's Control 1 13.02 Access to Work A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR A. OWNER, ENGINEER, ENGINEER's Consultants, Delays attributable to and within the control of a other representatives and personnel of OWNER, independent Subcontractor or Supplier shall be deemed to be delays within testing laboratories, and governmental agencies with the control of CONTRACTOR. jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, 12.05 Delays Beyond OWNER's and CONTRACTOR's an d testing. CONTRACTOR shall provide them proper and Control safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so A. Where CONTRACTOR is prevented from complet- that they may comply therewith as applicable. ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER 13.03 Tests and Inspections and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such A. CONTRACTOR shall give ENGINEER timely delay shall be CONTRACTOR's sole and exclusive remedy notice of readiness of the Work for all required inspections, for such delay. tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. -34- B. OWNER shall employ and pay for the services of an B. If ENGINEER considers it necessary or advisable independent testing laboratory to perform all inspections, that covered Work be observed by ENGINEER or inspected tests, or approvals required by the Contract Documents or tested by others, CONTRACTOR, at ENGINEER's except: request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may 1. for inspections, tests, or approvals covered require, that portion of the Work in question, furnishing all by paragraphs 13.03.0 and 13.03.13 below; necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all 2. that costs incurred in connection with tests Claims, costs, losses, and damages (including but not limited or inspections conducted pursuant to paragraph to all fees and charges of engineers, architects, attorneys, and 13.04.B shall be paid as provided in said paragraph other professionals and all court or arbitration or other dispute 13.04.13; and resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of 3. as otherwise specifically provided in the satisfactory replacement or reconstruction (including but not 1 Contract Documents. limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate C. If Laws or Regulations of any public body having decrease in the Contract Price. If the parties are unable to jurisdiction require any Work (or part thereof) specifically to agree as to the amount thereof, OWNER may make a Claim be inspected, tested, or approved by an employee or other therefor as provided in paragraph 10.05. If, however, such representative of such public body, CONTRACTOR shall Work is not found to be defective, CONTRACTOR shall be assume full responsibility for arranging and obtaining such allowed an increase in the Contract Price or an extension of inspections, tests, or approvals, pay all costs in connection the Contract Times (or Milestones), or both, directly attribut- therewith, and furnish ENGINEER the required certificates of able to such uncovering, exposure, observation, inspection, inspection or approval. testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, D. CONTRACTOR shall be responsible for arranging CONTRACTOR may make a Claim therefor as provided in and obtaining and shall pay all costs in connection with any paragraph 10.05. inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be 13.05 OWNER May Stop the Work incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to A. If the Work is defective, or CONTRACTOR fails to CONTRACTOR's purchase thereof for incorporation in the supply sufficient skilled workers or suitable materials or Work Such inspections, tests, or approvals shall be equipment, or fails to perform the Work in such a way that performed by organizations acceptable to OWNER and the completed Work will conform to the Contract Documents, ENGINEER OWNER may order CONTRACTOR to stop the Work, or any portidh thereof, until the cause for such order has been E. If any Work (or the work of others) that is to be eliminated; however, this right of OWNER to stop the Work inspected, tested, or approved is covered by CONTRACTOR shall not give rise to any duty on the part of OWNER to without written concurrence of ENGINEER, it must, if exercise this right for the benefit of CONTRACTOR, any requested by ENGINEER, be uncovered for observation. Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- 13.06 Correction or Removal of Defective Work TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- A. CONTRACTOR shall correct all defective Work, NEER has not acted with reasonable promptness in response whether or not fabricated, installed, or completed, or, if the to such notice. Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. 13.04 Uncovering Work CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of A. If any Work is covered contrary to the written engineers, architects, attorneys, and other professionals and request of ENGINEER, it must, if requested by ENGINEER, all court or arbitration or other dispute resolution costs) be uncovered for ENGINEER's observation and replaced at arising out of or relating to such correction or removal CONTRACTOR's expense. (including but not limited to all costs of repair or replacement of work of others). -35- 13.07 Correction Period ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. A. If within one year after the date of Substantial CONTRACTOR shall pay all Claims, costs, losses, and Completion or such longer period of time as may be damages (including but not limited to all fees and charges of prescribed by Laws or Regulations or by the terms of any engineers, architects, attorneys, and other professionals and applicable special guarantee required by the Contract all court or arbitration or other dispute resolution costs) Documents or by any specific provision of the Contract attributable to OWNER's evaluation of and determination to Documents, any Work is found to be defective, or if the repair accept such defective Work (such costs to be approved by of any damages to the land or areas made available for ENGINEER as to reasonableness) and the diminished value CONTRACTOR's use by OWNER or permitted by Laws and of the Work to the extent not otherwise paid by Regulations as contemplated in paragraph 6.1 LA is found to CONTRACTOR pursuant to this sentence. If any such be defective, CONTRACTOR shall promptly, without cost to acceptance occurs prior to ENGINEER's recommendation of OWNER and in accordance with OWNER's written final payment, a Change Order will be issued incorporating instructions: (i) repair such defective land or areas, or (ii) the necessary revisions in the Contract Documents with correct such defective Work or, if the defective Work has respect to the Work, and OWNER shall be entitled to an been rejected by OWNER, remove it from the Project and appropriate decrease in the Contract Price, reflecting the replace it with Work that is not defective, and (iii) satisfac- diminished value of Work so accepted. If the parties are torily correct or repair or remove and replace any damage to unable to agree as to the amount thereof, OWNER may make other Work, to the work of others or other land or areas a Claim therefor as provided in paragraph 10.05. If the resulting therefrom. If CONTRACTOR does not promptly acceptance occurs after such recommendation, an appropriate comply with the terms of such instructions, or in an amount will be paid by CONTRACTOR to OWNER. emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or 13.09 OWNER May Correct Defective Work repaired or may have the rejected Work removed -and replaced, and all Claims, costs, losses, and damages A. If CONTRACTOR fails within a reasonable time (including but not limited to all fees and charges of engineers, after written notice from ENGINEER to correct defective architects, attorneys, and other professionals and all court or Work or to remove and replace rejected Work as required by arbitration or other dispute resolution costs) arising out of or ENGINEER in accordance with paragraph 13.06.A, or if relating to such correction or repair or such removal and CONTRACTOR fails to perform the Work in accordance replacement (including but not limited to all costs of repair or with the Contract Documents, or if CONTRACTOR fails to replacement of work of others) will be paid by comply with any other provision of the Contract Documents, CONTRACTOR. OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial B. In exercising the rights and remedies under this Completion of all the Work, the correction period for that paragraph, OWNER shall proceed expeditiously. In item may start to run from an earlier date if so provided in the connection with such corrective and remedial action, Specifications or by Written Amendment. OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and C. Where defective Work (and damage to other Work suspend CONTRACTOR's services related thereto, take resulting therefrom) has been corrected or removed and possession of CONTRACTOR's tools, appliances, con - replaced under this paragraph 13.07, the correction period struction equipment and machinery at the Site, and incorpo- hereunder with respect to such Work will be extended for an rate in the Work all materials and equipment stored at the Site additional period of one year after such correction or removal or for which OWNER has paid CONTRACTOR but which and replacement has been satisfactorily completed. are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's D. CONTRACTOR's obligations under this paragraph other contractors, and ENGINEER and ENGINEER's 13.07 are in addition to any other obligation or warranty. The Consultants access to the Site to enable OWNER to exercise provisions of this paragraph 13.07 shall not be construed as a the rights and remedies under this paragraph. substitute for or a waiver of the provisions of any applicable statute of limitation or repose. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 13.08` Acceptance of Defective Work attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by A. If, instead of requiring correction or removal and OWNER in exercising the rights and remedies under this replacement of defective Work, OWNER (and, prior to paragraph 13.09 will be charged against CONTRACTOR, -36- r r and a Change Order will be issued incorporating the of CONTRACTOR stating that all previous progress necessary revisions in the Contract Documents with respect to payments received on account of the Work have been the Work; and OWNER shall be entitled to an appropriate applied on account to discharge CONTRACTOR's decrease in the Contract Price. If the parties are unable to legitimate obligations associated with prior agree as to the amount of the adjustment, OWNER may make Applications for Payment. a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be 3. The amount of retainage with respect to ' limited to all costs of repair, or replacement of work of others progress payments will be as stipulated in the destroyed or damaged by convection, removal, or replacement Agreement. of CONTRACTOR's defective Work. B. Review of Applications D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in 1. ENGINEER will, within 10 days after the performance of the Work attributable to the exercise by receipt of each Application for Payment, either OWNER of OWNER's rights and remedies under this indicate in writing a recommendation of payment and paragraph 13.09. present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ARTICLE 14 - PAYMENTS TO CONTRACTOR AND ENGINEER's reasons for refusing to recommend 1 COMPLETION payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 14.01 Schedule of Values 2. ENGINEER'S recommendation of any A. The schedule of values established as provided in payment requested in an Application for Payment will paragraph 2.07.A will serve as the basis for progress constitute a representation by ENGINEER to OWN- payments and will be incorporated into a form of Application ER, based on ENGINEER's observations on the Site for Payment acceptable to ENGINEER. Progress payments of the executed Work as an experienced and qualified on account of Unit Price Work will be based on the number design professional and on ENGINEER's review of of units completed. the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's 14.02 Progress Payments knowledge, information and belief: A. Applications for Payments a. the Work has progressed to the point indicated; 1. At least 20 days before the date established for each progress payment (but not more often than b. the quality of the Work is generally in once a month), CONTRACTOR shall submit to accordance with the Contract Documents (subject ENGINEER for review an Application for Payment to an evaluation of the Work as a functioning filled out and signed by CONTRACTOR covering the whole prior to or upon Substantial Completion, to Work completed as of the date of the Application and the results of any subsequent tests called for in the 1 accompanied by such supporting documentation as is Contract Documents, to a final deternvnation of required by the Contract Documents. If payment is quantities and classifications for Unit Price Work requested on the basis of materials and equipment not under paragraph 9.08, and to any other incorporated in the Work but delivered and suitably qualifications stated in the recommendation); and stored at the Site or at another location agreed to in writing, the Application for Payment shall also be c. the conditions precedent to accompanied by a bill of sale, invoice, or other docu- CONTRACTOR's being entitled to such payment mentation warranting that OWNER has received the appear to have been fulfilled in so far as it is materials and equipment free and clear of all Liens ENGINEEWs responsibility to observe the Work. and evidence that the materials and equipment are covered by appropriate property insurance or other 3. By recommending any such payment arrangements to protect OWNER's interest therein, all ENGINEER will 'not thereby be deemed to have of which must be satisfactory to OWNER. represented that: (i) inspections made to check the quality or the quantity of the Work as it has been 2. Beginning with the second Application for performed have been exhaustive, extended to every Payment, each Application shall include an affidavit aspect of the Work in progress, or involved detailed r 37- r inspections of the Work beyond the responsibilities 1. Ten days after presentation of the Applica- specifically assigned to ENGINEER in the Contract tion for Payment to OWNER with ENGINEER's Documents; or (ii) that there may not be other matters recommendation, the amount recommended will or issues between the parties that might entitle CON- (subject to the provisions of paragraph 14.02.13) TRACTOR to be paid additionally by OWNER or become due, and when due will be paid by OWNER entitle OWNER to withhold payment to CONTRAC- to CONTRACTOR. TOR. D. Reduction in Payment 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- 1 _ OWNER may refuse to make payment of mending payments nor ENGINEER's recommenda- the full amount recommended by ENGINEER tion of any payment, including final payment, will because: impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, a, claims have been made against OWNER techniques, sequences, or procedures of construction, on account of CONTRACTOR's performance or or the safety precautions and programs incident furnishing of the Work; thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to b. Liens have been filed in connection with CONTRACTOR's performance of the Work. the Work, except where CONTRACTOR has Additionally, said review or recommendation will not delivered a specific Bond satisfactory to OWNER impose responsibility on ENGINEER to make any to secure the satisfaction and discharge of such examination to ascertain how or for what purposes Liens; CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any c. there are other items entitling OWNER to a of the Work, materials, or equipment has passed to set -off against the amount recommended; or OWNER free and clear of any Liens. d. OWNER has actual knowledge of the 5. ENGINEER may refuse to recommend the occurrence of any of the events enumerated in whole or any part of any payment if, in ENGINEER's paragraphs 14.02.B.5.a through 14.02.B.S.c or opinion, it would be incorrect to make the representa- paragraph 15.02.A. lions to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such 2. If OWNER refuses to make payment of the payment or, because of subsequently discovered full amount recommended by ENGINEER, OWNER evidence or the results of subsequent inspections or must give CONTRACTOR immediate written notice tests, revise or revoke any such payment (with a copy to ENGINEER) stating the - reasons for recommendation previously made, to such extent as such action and promptly pay CONTRACTOR any may be necessary in ENGINEER's opinion to protect amount remaining after deduction of the amount so OWNER from loss because: withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any a. Che Work is defective, or completed Work adjustment thereto agreed to by OWNER and has been damaged, requiring correction or replace- CONTRACTOR, when CONTRACTOR corrects to ment; ONIVNER's satisfaction the reasons for such action. b. the Contract Price has been reduced by 3. If it is subsequently determined that Written Amendment or Change Orders; OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an c. OWNER has been required to correct amount due as determined by paragraph 14.02.C.I defective Work or complete Work in accordance with paragraph 13.09; or 14.03 CONTRACTOR's Warranty of Title d. ENGINEER has actual knowledge of the A. CONTRACTOR warrants and guarantees that title occurrence of any of the events enumerated in to all Work, materials, and equipment covered by any paragraph 15.02.A. Application for Payment, whether incorporated in the Project or not will pass to OWNER no later than the time of payment C. Payment Becomes Due free and clear of all Liens. -38- 14.04 Substantial Completion 14.05 Partial Utilization A. When CONTRACTOR considers the entire Work A. Use by OWNER at OWNER's option of any ready for its intended use CONTRACTOR shall notify substantially completed part of the Work which has OWNER and ENGINEER in writing that the entire Work is specifically been identified in the Contract Documents, or substantially complete (except for items specifically listed by which OWNER, ENGINEER, and CONTRACTOR agree CONTRACTOR as incomplete) and request that ENGINEER constitutes a separately functioning and usable part of the I issue a certificate of Substantial Completion. Promptly Work that can be used by OWNER for its intended purpose thereafter, OWNER, CONTRACTOR, and ENGINEER shall without significant interference with CONTRACTOR's make an inspection of the Work to determine the status of performance of the remainder of the Work, may be completion. If ENGINEER does not consider the Work accomplished prior to Substantial Completion of all the Work substantially complete, ENGINEER will notify subject to the following conditions. CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, 1. OWNER at any time may request CON - ENGINEER will prepare and deliver to OWNER a tentative TRACTOR in writing to permit OWNER to use any certificate of Substantial Completion which shall fix the date such part of the Work which OWNER believes to be of Substantial Completion. There shall be attached to the ready for its intended use and substantially complete. certificate a tentative list of items to be completed or If CONTRACTOR agrees that such part of the Work corrected before final payment. OWNER shall have seven is substantially complete, CONTRACTOR will certify days after receipt of the tentative certificate during which to to OWNER and ENGINEER that such part of the make written objection to ENGINEER as to any provisions of Work is substantially complete and request ENGI- the certificate or attached list. If, after considering such NEER to issue a certificate of Substantial Completion objections, ENGINEER concludes that the Work is not for that part of the Work. CONTRACTOR at any substantially complete, ENGINEER will within 14 days after time may notify OWNER and ENGINEER in writing submission of the tentative certificate to OWNER notify that CONTRACTOR considers any such part of the CONTRACTOR in writing, stating the reasons therefor. If, Work ready for its intended use and substantially after consideration of OWNER's objections, ENGINEER complete and request ENGINEER to issue a certifi- considers the Work substantially complete, ENGINEER will cate of Substantial Completion for that part of the within said 14 days execute and deliver to OWNER and Work. Within a reasonable time after either such 1 CONTRACTOR a definitive certificate of Substantial request, OWNER, CONTRACTOR, and ENGINEER Completion (with a revised tentative list of items to be shall make an inspection of that part of the Work to completed or corrected) reflecting such changes from the determine its status of completion. If ENGINEER tentative certificate as ENGINEER believes justified after does not consider that part of the Work to be substan- consideration of any objections from OWNER. At the time tially complete, ENGINEER will notify OWNER and of delivery of the tentative certificate of Substantial Comple- CONTRACTOR in writing giving the reasons there - tion ENGINEER will deliver to OWNER and CONTRAC- for. If ENGINEER considers that part of the Work to TOR a written recommendation as to division of responsibili- be substantially complete, the provisions of paragraph ties pending final payment between OWNER and 14.04 will apply with respect to certification of CONTRACTOR with respect to security, operation, safety, Substantial Completion of that part of the Work and and protection of the Work, maintenance, heat, utilities, the division of responsibility in respect thereof and insurance, and warranties and guarantees. Unless OWNER access thereto. and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing 2. No occupancy or separate operation of part the definitive certificate of Substantial Completion, of the Work may occur prior to compliance with the ENGINEER's aforesaid recommendation will be binding on requirements of paragraph 5.10 regarding property OWNER and CONTRACTOR until final payment. insurance. B. OWNER shall have the right to exclude 14.06 Final Inspection CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR A. Upon written notice from CONTRACTOR that the reasonable access to complete or correct items on the entire Work or an agreed portion thereof is complete, tentative list. ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are -39- necessary to complete such Work or remedy such for Payment, indicate in writing ENGINEER's deficiencies. recommendation of payment and present the Applica- tion for Payment to OWNER for payment. At the 14.07 Final Payment same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is A. Application for Payment acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the 1 1. After CONTRACTOR has, in the opinion Application for Payment to CONTRACTOR, indicat- of ENGINEER, satisfactorily completed all ing in writing the reasons for refusing to recommend corrections identified during the final inspection and final payment, in which case CONTRACTOR shall has delivered, in accordance with the Contract Docu- make the necessary corrections and resubmit the ments, all maintenance and operating instructions, Application for Payment. schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, C. Payment Becomes Due marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRAC- 1. Thirty days after the presentation to OWN - TOR may make application for final payment follow- ER of the Application for Payment and accompanying ing the procedure for progress payments. documentation, the amount recommended by ENGI- NEER will become due and, when due, will be paid 2. The final Application for Payment shall be by OWNER to CONTRACTOR. accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Docu- 14.08 Final Completion Delayed ments, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) con -- A. If, through no fault of CONTRACTOR, final sent of the surety, if any, to final payment; and (iii) completion of the Work is significantly delayed, and if complete and legally effective releases or waivers ENGINEER so confirms, OWNER shall, upon receipt of (satisfactory to OWNER) of all Lien rights arising out CONTRACTOR's final Application for Payment and of or Liens filed in connection with the Work. recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion 3. In lieu of the releases or waivers of Liens of the Work fully completed and accepted. If the remaining specified in paragraph 14.07.A.2 and as approved by balance to be held by OWNER for Work not fully completed OWNER, CONTRACTOR may furnish receipts or or corrected is less than the retainage stipulated in the releases in full and an affidavit of CONTRACTOR Agreement, and if Bonds have been furnished as required in that: (i) the releases and receipts include all labor, paragraph 5.01, the written consent of the surety to the services, material, and equipment for which a Lien payment of the balance due for that portion of the Work fully could be filed; and (ii) all payrolls, material and completed and accepted shall be submitted by CON - equipment bills, and other indebtedness connected TRACTOR to ENGINEER with the Application for such with the Work for which OWNER or OWNER's payment. Such payment shall be made under the terms and property might in any way be responsible have been conditions governing final payment, except that it shall not paid or otherwise satisfied. It any Subcontractor or constitute a waiver of Claims. Supplier fails to furnish such a release or receipt in full, CONTRACTOR may famish a Bond or other 14.09 Waiver of Claims collateral satisfactory to OWNER to indemnify OWNER against any Lien. A. The making and acceptance of final payment will constitute: B. Review of Application and Acceptance 1, a waiver of all Claims by OWNER against 1. If, on the basis of ENGINEER's observa- CONTRACTOR, except Claims arising from tion of the Work during construction and final inspec- unsettled Liens, from defective Work appearing after tion, and ENGINEER's review of the final Applica- final inspection pursuant to paragraph 14.06, from tion for Payment and accompanying documentation as failure to comply with the Contract Documents or the required by the Contract Documents, ENGINEER is terms of any special guarantees specified therein, or satisfied that the Work has been completed and from CONTRACTOR's continuing obligations under CONTRACTOR's other obligations under the Con- the Contract Documents; and tract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application -40- 2. a waiver of all Claims by CONTRACTOR stored elsewhere, and finish the Work as OWNER may deem against OWNER other than those previously made in expedient. In such case, CONTRACTOR shall not be writing which are still unsettled. entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not ARTICLE 15 - SUSPENSION OF WORK AND limited to all fees and charges of engineers, architects, TERMINATION attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess 15.01 OWNER May Suspend Work will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR A. At any time and without cause, OWNER may shall pay the difference to OWNER Such claims, costs, suspend the Work or any portion thereof for a period of not losses, and damages incurred by OWNER will be reviewed more than 90 consecutive days by notice in writing to CON- by ENGINEER as to their reasonableness and, when so TRACTOR and ENGINEER which will fix the date on which approved by ENGINEER, incorporated in a Change Order. Work will be resumed. CONTRACTOR shall resume the When exercising any rights or remedies under this paragraph Work on the date so fixed. CONTRACTOR shall be allowed OWNER shall not be required to obtain the lowest price for an adjustment in the Contract Price or an extension of the the Work performed. Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as C. Where CONTRACTOR's services have been so provided in paragraph 10.05. terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then 15.02 OWNER May Terminate for Cause existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will A. The occurrence of any one or more of the following not release CONTRACTOR from liability. events will justify termination for cause: 15.03 OWNER May Terminate For Convenience 1. CONTRACTCR's persistent failure to perform the Work in accordance with the Contract A. Upon seven days written notice to CONTRACTOR Documents (including, but not limited to, failure to and ENGINEER, OWNER tray, without cause and without supply sufficient skilled workers or suitable materials prejudice to any other right or remedy of OWNER, elect to or equipment or failure to adhere to the progress terminate the Contract. In such case, CONTRACTOR shall schedule established under paragraph 2.07 as adjusted be paid (without duplication of any items): from time to time pursuant to paragraph 6.04); 1. for completed and acceptable Work execut- 2. CONTRACTOR's disregard of Laws or ed in accordance with the Contract Documents prior to Regulations of any public body having jurisdiction; the effective date of termination, including fair and reasonable sums for overhead and profit on such 3. CONTRACTOR's disregard of the author- Work; ity of ENGINEER; or 2. for expenses sustained prior to the effective 4. CONTRACTOR's violation in any date of termination in performing services and fur - substantial way of any provisions of - the Contract nishing labor, materials, or equipment as required by Documents. the Contract Documents in connection with uncom- pleted Work, plus fair and reasonable sums for B. If one or more of the events identified in paragraph overhead and profit on such expenses; 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate 3. for all claims, costs, losses, and damages the services of CONTRACTOR, exclude_ CONTRACTOR (including but not limited to all fees and charges of from the Site, and take possession of the Work and of all engineers, architects, attorneys, and other CONTRACTOR's tools, appliances, construction equipment, professionals and all court or arbitration or other and machinery at the Site, and use the same to the full extent dispute resolution costs) incurred in settlement of they could be used by CONTRACTOR (without liability to terminated contracts with Subcontractors, Suppliers, CONTRACTOR for trespass or conversion), incorporate in and others; and the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are -41- 4. for reasonable expenses directly ARTICLE 17 - MISCELLANEOUS attributable to termination. B. CONTRACTOR shall not be paid on account of loss 17.01 Giving Notice of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have 15.04 CONTRACTOR May Stop Work or Terminate been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for A. If, through no act or fault of CONTRACTOR, the whom it is intended, or if delivered at or sent by registered or Work is suspended for more than 90 consecutive days by certified mail, postage prepaid, to the last business address OWNER or under an order of court or other public authority, known to the giver of the notice. or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 17.02 Computation of Times days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written A. When any period of time is referred to in the notice to OWNER and ENGINEER, and provided OWNER Contract Documents by days, it will be computed to exclude or ENGINEER do not remedy such suspension or failure the first and include the last day of such period. If the last day within that time, terminate the Contract and recover from of any such period falls on a Saturday or Sunday or on a day OWNER payment on the same terms as provided in made a legal holiday by the law of the applicable jurisdiction, paragraph 15.03. In lieu of terminating the Contract and such day will be omitted from the computation. 1 without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 17.03 Cumulative Remedies days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be A. The duties and obligations imposed by these General due, CONTRACTOR may, seven days after written notice to Conditions and the rights and remedies available hereunder to OWNER and ENGINEER, stop the Work until payment is the parties hereto are in addition to, and are not to be made of all such amounts due CONTRACTOR, including construed in any way as a limitation of, any rights and interest thereon. The provisions of this paragraph 15.04 are remedies available to any or all of them which are otherwise not intended to preclude CONTRACTOR from making a imposed or available by Laws or, Regulations, by special Claim under paragraph 10.05 for an adjustment in Contract warranty or guarantee, or by other provisions of the Contract Price or Contract Times or otherwise for expenses or damage Documents, and the provisions of this paragraph will be as directly attributable to CONTRACTOWs stopping the Work effective as if repeated specifically in the Contract as permitted by this paragraph. Documents in connection with each particular duty, obligation, right, and remedy to which they apply. ARTICLE 16 - DISPUTE RESOLUTION 17.04 Survival of Obligations A. All representations, indemnifications, warranties. 16.01 Methods and Procedures and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing A. Dispute resolution methods and procedures, if any, obligations indicated in the Contract Documents, will survive shall be as set forth in the Supplementary Conditions. If no final payment, completion, and acceptance of the Work or method and procedure has been set forth, and subject to the termination or completion of the Agreement. provisions of paragraphs 9.09 and 10.05, OWNER and CON- TRACTOR may exercise such rights or remedies as either 17.05 Controlling Law may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. A. This Contract is to be governed by the Taw of the state in which the Project is located. -42- 1 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS The following supplements modify, change from, or add to the "Standard General Conditions of the Construction Contract ", EJCDC 1910 -8, (1996 edition). All unaltered provisions of the General Conditions shall remain in effect. The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC No. 1910 -8, 1996 edition) have the meanings assigned to them in the General Conditions. ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.01 A.28. NOTICE OF AWARD AND 1.01 A.29 NOTICE TO PROCEED - Add the following to each definition: If requested by the OWNER, both the Notice of Award and Notice to Proceed will be issued by the ENGINEER. 1.01 A.43. SUBSTANTIAL COMPLETION - Add the following to its definition: Substantial Completion of work shall be evidenced by the ability to place and keep into service the new ' facilities including the attainment of release for service from all agencies having jurisdiction. The CONTRACTOR shall take this requirement into proper account when developing a proposed project schedule. In general, substantial completion is defined by the ability of the OWNER to use all features of the new facilities for their intended purpose, as defined by the ENGINEER. 1.01 A.51. Add the following: BIDDER - Any individual, partnership, corporation, or joint venture submitting a Bid for the Work to be performed. 1.01 A.52. Add the following: RESIDENT PROJECT REPRESENTATIVE - The Resident Project Representative (RPR) may be assigned to the site or any part thereof on a full time basis or a part time basis. This will be determined by Engineer's Agreement with Owner. ARTICLE 2 - PRELIMINARY MATTERS 2.02 COPIES OF DOCUMENTS: Delete in its entirety and substitute the following: All copies of documents necessary for the execution of the Work, including but not limited to permitting will be furnished to the CONTRACTOR at the Engineer's normal rate for reproduction. The CONTRACTOR shall bear all costs for the documents requested. Only full sets of plans and specifications will be issued. Documents will not be made available to the Contractor electronically. SGC -1 WF900161 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED: Delete in its entirety and substitute the following: The date of commencement of the Work is the date established in a Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the OWNER - CONTRACTOR Agreement or such other date as may be established therein. 2.05 BEFORE STARTING CONSTRUCTION: Add the following to Section 2.05 A.: ' Failure to report a conflict, error, ambiguity or discrepancy shall be deemed as evidence that the CONTRACTOR has elected to proceed in the more expensive manner and shall expose the CONTRACTOR for all costs associated with, or caused by, the conflict, error, ambiguity or discrepancy. Add the following to Section 2.05: D. The CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where required, approved shop drawings or Product Data for such portion of the Work. E. By executing the Contract, the CONTRACTOR represents that he has visited the site, reviewed available plans of existing facilities, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents. Add the following to Section 2.05 B.3.: The schedule of values shall be broken down in sufficient detail, and by appropriate categories, to allow the proper distribution of project costs and is subject to acceptance by the ENGINEER. The format and presentation method used for the schedule of values shall be as required by the Engineer and is subject to the Engineer's approval. An extremely detailed schedule will be required. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Add the following to Section 3.01: D. Failure to report a conflict, error, ambiguity or discrepancy shall be deemed as evidence that the CONTRACTOR has elected to proceed in the more expensive manner. If, during the performance of the Work, the CONTRACTOR fords an error or discrepancy between the specifications and the drawings, the specifications shall govern over the drawings. If the drawings disagree in themselves, figures shall govern over scaled measurements, large scale drawings shall govern over small scale drawings, the greater quantity of work or materials shall be furnished or performed; descriptive writings shall govern over legends indicating material or conditions and the Agreement takes precedence over all other contract documents. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCED POINTS: Section 4.02 A.1. Delete in its entirety and replace with: The CONTRACTOR shall have full responsibility with respect to determining subsurface conditions at the site. Add the following to Section 4.02 B.: SGC -2 WF900161 4.02 B.4., any data that could be reasonably suspected not to be accurate unless it has not been confirmed in writing by the OWNER or ENGINEER to be a reasonable representation of accurate and authentic record information. Delete Section 4.04 B. and insert the following: Existing utilities and structures are shown on the drawings in accordance with Section 01019, General Requirements, Paragraph 1.01. Add the following to Section 4.05.: All locations shown on the drawings are established from a baseline, the bearing and starting point of which are identified on the drawings. All construction staking shall be provided by the Contractor's Professional Surveyor. Grades shown are finished grades. Written dimensions have preference over scaled dimensions. All elevations are based on the National Geodetic Vertical Datum (N.G.V.D.), unless otherwise noted. ARTICLE 5 - BONDS AND INSURANCE 5.01 A. PERFORMANCE, PAYMENT AND OTHER BONDS: Delete the first sentence and substitute the following: CONTRACTOR shall furnish performance and payment bonds, each in an amount equal to 100% of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract documents. The bonds shall comply with the requirements of Florida Statutes Section 255.05. All bonds shall be supplied on the forms provided in the bid documents. 5.01 B. Add the following: The CONTRACTOR shall record all performance and payment bonds in the County where the work is to be performed and provide evidence of such recording to the ENGINEER. No work shall be performed until this requirement is satisfied. 5.04 CONTRACTOR'S LIABILITY INSURANCE: Add the following: C. The limits of liability for the insurance required by Paragraph 5.04 shall provide coverage for not less I than the following amounts. 1. Workers' Compensation: a. State Statutory b. Applicable Federal (e.g.) Longshoreman's Statutory C. Employer's Liability $500,000 t 2. Commercial General Liability: (Including Premises & Operations: All Risk Owners & Contractor's Protective; Broad Form Property Damage) ' SGC -3 WF900161 r a. Bodily Injury & Property Damage: Each Occurrence $1,000,000 Aggregate $2,000,000 Product's & Completed Operations Aggregate $2,000,000 b. Personal Injury: $2,000,000 C. CU coverage, remove exclusion (yes) d. Contractual (yes) 3. Comprehensive Automobile Liability: (owner- leased- non -owned & hired) a. Bodily Injury & Property Damage: Each Occurrence $1,000,000 (or) b. Bodily Injury: Each Person $1,000,000 Each Occurrence $1,000,000 Property Damage: Each Occurrence $1,000,000 D. Additional liability coverage for OWNER and ENGINEER shall be provided by endorsement as additional insured on CONTRACTOR's General Liability Policy. Add the following names: OWNER - Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 ENGINEER - Arcadis, Inc. and their employees 2801 Vista Parkway West Palm Beach, Florida 33411 The additional liability coverage for the ENGINEER is not to be construed as to requiring, in any way, that either the OWNER or CONTRACTOR be obligated to supply insurance protecting the ENGINEER ' for its liability emanating from professional errors or omissions. E. In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations ' for the CONTRACTOR's promises are: 1. One dollar ($1.00) in hand paid by the OWNER, the ENGINEER, and the ENGINEER's employees to the CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which the CONTRACTOR accepts as completely fulfilling the obligations of the OWNER, the ENGINEER, and the SGC -4 WF900161 ENGINEER's employees under the requirements of Section 725.06, Florida Statutes, and; 2. The entry of the OWNER and the CONTRACTOR into the construction contract because, but for the CONTRACTOR's promises as contained in the General Conditions, the OWNER would not have entered into the construction contract with the CONTRACTOR. 5.06 PROPERTY INSURANCE: Delete 5.06 A in its entirety and insert the following: A. Unless otherwise provided in these Supplementary General Conditions, the Contractor shall purchase and maintain property insurance upon the Work and stored material on the site at the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary General Conditions or as required by law). This insurance shall include the interests of the Owner, Contractor and Subcontractors in the Work, shall insure against the perils and extended coverage, shall include "all risk" insurance for physical loss and damage including theft, damage and malicious mischief, collapse and 1 water damage, and such other perils as may be provided in these Supplementary General Conditions, and shall include damages, losses and expenses arising out of, or resulting from, any insured loss or any loss incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in these Supplementary General Conditions, the Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by the Contractor in accordance with paragraphs 5.06 A and 5.06 B shall contain a provision that the coverage afforded will not be canceled or materially changed until at least thirty day's prior written notice has been given to the Owner. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Add the following to Section 6.01 A.: The Contract Documents are intended to communicate the nature of the design, concept and scope of the Work. The CONTRACTOR shall be responsible for the construction and coordination of the parts and all ' systems shall be complete, compatible and fully functional without additional cost, to the standard of the industry, as defined by the ENGINEER, or better, as may be set forth in these documents. In the event that an agent or other representative of the OWNER approves the installation or erection of any item of material and the CONTRACTOR concludes the same is not fabricated in a good, workman -like manner, the CONTRACTOR shall forthwith advise the OWNER and ENGINEER thereof in writing. Delete the last sentence prior to subheading "A" in Section 6.05 A.1. and replace with the following: For oses of this paragraph 6.05 A.1 a proposed item of material or equipment ma be considered pmP P p Y functionally equal to an item if Add the following to Section 6.05 A.1.: In general, "or equal" items will not be considered unless the drawings or specifications specifically state, "or equal" in the description of the particular item of equipment or material. Add the following to Section 6.05 A.2.c.: Any requests for the use of substitute items shall be made within 30 days of the effective date of the Agreement. The substitution procedure shall be as set forth in Section 01019, General Requirements. 1 SGC -5 WF900161 Section 01019, General Requirements may also further limit the items for which substitutions will be considered. For any provisions of Section 01019, General Requirements, related to substitutions which are in conflict with Section 6.05 A.2.d., the criteria set forth in Section 01019 General Requirements, shall take precedence. ' Delete Section 6.05 B. in its entirety. Add the following to Section 6.06 B.: Subcontractors named on the proposal form shall not be changed by the CONTRACTOR unless specifically requested per the above by the OWNER or ENGINEER. Any subcontractor change prior to ' award shall follow the procedure set forth in the Instructions to Bidders. Add the following to Section 6.06.C.: Owner or Engineer may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor's Applications for Payment. Add the following to Section 6.08: The CONTRACTOR shall be required to secure all necessary permits from Palm Beach County and the Village of Tequesta. The CONTRACTOR shall be responsible for acquiring all necessary construction permits related to this project. The Contractor shall pay all permit fees except those due to the Village of Tequesta. Permit fees due to the Village of Tequesta shall be paid by the Owner directly to the Village. Section 6.12.: Delete the last sentence and substitute the following: These shall be available to the ENGINEER for examination and shall be delivered to ENGINEER for OWNER prior to, and as a partial condition of, Substantial Completion of the Work. 6.21 Add the following: The CONTRACTOR shall reimburse the OWNER for the total cost of all services rendered by the ENGINEER when made necessary by any, or all, of the following: ' A. Acceleration of the work schedule. ' B. Work not within normal working hours as established pursuant to the requirements of these documents and the award of the project. For purposes of this determination the Contractor shall assume the Engineer or his representative shall be on site at all times the Contractor is on site. C. Default by the CONTRACTOR or any subcontractor. 1 D. Failure to complete the project, either substantial completion or final completion, or both, within the time frames stipulated by these documents, plus any ENGINEER approved time extensions. Note that any such costs are in addition to any liquidated damages for ' which the CONTRACTOR may be exposed. E. Work damaged by fire or other causes during construction. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S REPRESENTATIVE: ' SGC -6 WF900161 1 ' Delete the first sentence and substitute the following: If the OWNER and ENGINEER agree, ENGINEER will be OWNER's representative during the 1 construction period. The Engineer and Resident Project Representative's (RPR's) duties, responsibilities and authorities shall be as agreed by the Owner and Engineer and as set forth at the pre - construction conference. If the Owner designates another agent to represent the Owner at the site who is not Engineer's agent or employee, the duties, responsibilities and limitations of authority of such other agent will be presented at the pre - construction conference. ARTICLE 11- COST OF WORK; CASH ALLOWANCES; UNIT PRICE WORK: ' Add the following to Section 11.02.: ' It is further understood that the bidding allowance, if identified on the bid form, shall be authorized and utilized solely in accordance with the terms and conditions set forth in Section 01150 of the project specifications. ' Delete section 11.03.C. in its entirety and substitute the following in its place: Contractor may not make claim for additional expenses incurred as a result of a difference between final quantity of any item(s) of Unit Price Work and the estimated quantity of such item(s) in the Contract Documents, unless specifically allowed in the Bid Form. Any adjustments specifically allowed shall be made in accordance with directions in the Bid Form. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES: Add the following to Section 12.01 B.: 4. In the event that the CONTRACTOR encounters field conditions which create a need to alter the plans or specifications and induce a need for a Change Order (as agreed to by the OWNER and ENGINEER and in satisfaction of other applicable criteria set forth herein related to acceptance and approval of Change Orders) the OWNER reserves the right to not approve the Change Order. In this event the OWNER will correct the field condition giving rise to the need for a Change Order, or otherwise eliminate the need, with their own or other forces. Should this occur, the ' CONTRACTOR shall coordinate their field activities with the OWNER to accommodate this work. Add the following to Section 12.04 A.: All equipment and/or material delivery and subcontractor or supplier performance (ie., efficiency, etc.) shall be considered to be within the control of the CONTRACTOR. No time extension shall be granted for delays due to equipment and/or material manufacturing, delivery, or failure to perform according to the contract. No time extension shall be granted unless the CONTRACTOR can demonstrate with the agreement of the ENGINEER that the original critical path requires or would have required, modification. 1 Delete Section 12.06 A. and replace with the following: ' No claim for damages or any claim other than for an extension of time shall be made or asserted against Village by reason of any delays. Contractor shall not be entitled to an increase in the Contract Sum or payment or compensation of any kind from Owner for direct, indirect, consequential, impact or other costs, expenses, or damages, including, but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable, or avoidable or SGC -7 WF900161 unavoidable. Contractor shall be entitled only to extensions of the contract time as the sole and exclusive remedy for such resulting delays, in accordance with and to the extent specifically provided herein. ARTICLE 13 - TEST AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Delete paragraph 13.03 and insert the following: The cost of all inspections, tests, re- tests, certifications and approvals required by the Contract Documents shall be paid by the CONTRACTOR. All such tests and inspections shall be performed by an independent testing laboratory. The laboratory shall be subject to the acceptance of the ENGINEER. All re- testing requested by the ENGINEER shall be paid for by the CONTRACTOR. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.02 A.1. APPLICATION FOR PROGRESS PAYMENTS: ' Delete the first three words of the first sentence and insert the following: At least 30 ..... Delete from the second sentence "by a bill of sale, invoice or other documentation ". Insert "by documentation in accordance with Section 01150, Measurement and Payment ". Add the following: The Contractor shall use and complete the cover sheet provided by the Engineer for each progress payment. Additional requirements as set forth in Sections 01150 shall be followed. When the Contractor receives payment from the Owner for labor, services or materials furnished by ' subcontractors and/or suppliers hired by the Contractor, the Contractor shall remit payment due those parties within ten (10) days after receipt of payment, or earlier, unless otherwise provided by Florida Law. Add the following to Section 14.04 A.: ' Regardless of the foregoing nothing herein shall alter the responsibility of the Contractor to complete the construction services, materials and items herein by the Owner. ' 14.02.C.: Delete the first two words and replace with following: "Unless stipulated to the contrary in Section 01150, Measurement and Payment, twenty- five "... Add the following to Section 14.07 A.: 4. Before final payment, the CONTRACTOR shall submit executed copies of the release forms (page SGC -11 & SGC -12) releasing the OWNER and the ENGINEER of the obligations as described on the form. The CONTRACTOR shall also provide an executed and notarized affidavit with the final pay request which stipulates that all vendors, suppliers and subcontractors have been paid in full. Before final payment, the CONTRACTOR shall supply final releases of lien as set forth herein. 14.07 A.3. FINAL PAYMENT: Add the following: SGC -S WF900161 The affidavit of Contractor as referenced herein shall be provided on the form supplied in the Supplementary General Conditions, fully executed. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATIONS Delete paragraph 15.03. in its entirety and insert the following in its place: The Owner may terminate this contract for convenience upon providing Contractor fourteen (14) days written notice of the same. If the Contractor is terminated as provided herein, the Contractor shall be paid for all work executed and expenses incurred prior to the date of termination. Payment shall include services actually performed in full prior to termination date, but shall excluded all lost profits, indirect, special, or other damages for the remainder of the project. If a Court of competent jurisdiction finds that the Village wrongfully terminated this Contract, then in such event, this Contract shall be deemed terminated for convenience as provided for in Section 15.03 of the Supplemental Conditions and the Contractor shall not be entitled to damages or loss of profits, but shall include all items provided for in Section 15.03 above. ARTICLE 16 - DISPUTE RESOLUTION Add the following to Section 16.01 B. This agreement shall be governed by the laws of the State of Florida as now and hereinafter in force. The parties to this agreement stipulate venue and jurisdiction for any litigation arising out of this agreement to be in the Circuit Court in and for Palm Beach County, Florida. SGC -9 WF900161 r BILL OF SALE, ABSOLUTE KNOWN ALL MEN BY THESE PRESENTS, that , a corporation of County, Florida, party of the first part, for an in consideration of the sum of Ten and No /100 ($10.00) lawful money of the United States, to it paid by VILLAGE OF TEQUESTA, a political subdivision of the State of Florida, Public Works Facility, 136 Bridge Road, Tequesta, Florida 33469- 0273, party of the second part, the receipt whereof is,hereby acknowledged has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the secondary party, its executors, administrators and assigns, the following goods and chattels: Project Name: Tequesta Drive Drainage Improvements consisting of the components set forth in the final schedule of values as described in Exhibit "A ", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said party of the second part, its executors, administrators and assigns forever. AND, it does, for itself and its successors and assigns covenant to and with the said parry of the second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free ' from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part its successors and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, it has hereunto set its hand and seal this day of , 2011. Signed, sealed and delivered In the presence of: r Signature Name: Title: Print Name r [Corporate Seal] Signature r Print Name The foregoing instrument was acknowledged before me this day of 2011, by , as of ,a (state) corporation. He /She is personally known to me or has produced as identification. (stamp) Print Notary Name: SGC -10 WF900161 CONTRACTOR'S AFFIDAVIT TO OWNER STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared , who, being by me first duly sworn, on oath depose(s) and say(s): (1) He /she is /they are a (Corporation, Partnership, or Individual) of (State), doing business as hereinafter called "Contractor ". (2) Contractor heretofore entered into a Contract with Village of Tequesta, hereinafter called "Owner" to do Work (furnish material, labor and services) for the construction of Teguesta Drive Drainage Improvement located at Palm Beach County, Florida. (3) Contractor has fully completed construction in accordance with the terms of the Contract, and all lienors have been paid in full, except: NAME OF LIENOR AMOUNT DUE AND UNPAID $ (4) All Workmen's Compensation claims have been settled and no liability claims are pending, in connection with, arising out of or resulting from the Contractor. (5) Receipt by the Contractor of the final payment, under the aforementioned Contract, shall constitute a full release and discharge by the Contractor to the Owner of any and all claims of the Contractor against the Owner, arising out of, connected with, or resulting from performance of the obligations of the Contractor pursuant to the Contract Documents. (6) The term "lienor" as used in this affidavit means any person having a lien or a prospective lien, under the Mechanics Lien Law of Florida, on the land and property of the Owner referred to in paragraph (2) of this affidavit. (7) This affidavit is given pursuant to the provisions of Florida Statutes Section 713.06 or Section 255.05, whichever is applicable. Signed and sealed in the presence of: (Entity) By: (Seal) Subscribed and Sworn to or affirmed before me on this day of 2011 by He /she is personally known to me or has presented as identification. Notary Public Signature and Seal Print Notary Name and Commission No. SGC -11 WF900161 r RELEASE hereinafter referred to as "the CONTRACTOR" hereby ' unconditionally releases and forever discharges Arcadis, Inc. its officers, directors, employees and agents, hereinafter collectively referred to as "ENGINEER" from any and all legal or equitable causes of action, suits, damages, claims and demands whatsoever, which CONTRACTOR ever had or now has against ENGINEER directly or indirectly, whether known or unknown, for, upon or by reason of any matter, cause or thing whatsoever, whether known or unknown, including, but not limited to: All claims arising out of, or in any way related to, the design, negotiation, supervision, or performance of a project known as the Tequesta Drive Drainage Improvement in accordance with a contract dated between the CONTRACTOR and the Village of Tequesta and Drawings and Specifications prepared by ENGINEER. r CONTRACTOR: By: Title: STATE OF FLORIDA ) ) SS. COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared ' to me known to be the person described in and who executed the foregoing instrument and has acknowledged before me that he executed the same. r WITNESS my hand and official seal in the county and state aforesaid this day of 2011. i NOTARY PUBLIC, State of Florida at Large (NOTARY SEAL) My commission expires: r r r r SGC -12 WF900161 RELEASE hereinafter referred to as "the CONTRACTOR" hereby unconditionally releases and forever discharges the Village of Tequesta, its officers, directors, employees and agents, hereinafter collectively referred to as "OWNER" from any and all legal or equitable causes of action, suits, damages, claims and demands whatsoever, which CONTRACTOR ever had or now has against OWNER directly or indirectly, whether known or unknown, for, upon or by reason of any matter, cause or thing whatsoever, whether known or unknown, including, but not limited to: All claims arising out of, or in any way related to, the design, negotiation, supervision, or performance of a project known as the Tequesta Drive Drainage Improvement in accordance with a contract dated between the CONTRACTOR and the Village of Tequesta. CONTRACTOR By: 1 Title: STATE OF FLORIDA ) ) SS. COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared , to me known to be the person described in and who executed the foregoing instrument and has acknowledged before me that he executed the same. WITNESS my hand and official seal in the county and state aforesaid this day of 2011. NOTARY PUBLIC, State of Florida at Large (NOTARY SEAL) My commission expires: SGC -13 WF900161 SECTION 01019 GENERAL REQUIREMENTS 1.01 EXISTING UTILITIES AND STRUCTURES: The existing utilities and facilities shown on the drawings were located from the Owner's and other records. Guaranty is not made that all existing facilities are shown or that those shown are entirely accurate. The Contractor shall assure himself of any utilities, structures or facilities prior to performing any Work. Prior to the start of Work, the Contractor shall request each utility agency to advise him of the location of their facilities in the vicinity. The Owner and the Engineer will assume no liability for damages sustained or costs incurred because of the Contractor's operations in the vicinity of existing utilities or structures. The Contractor shall notify the Engineer of any deviation between existing conditions and the drawings. 1.02 PRESERVING WATER QUALITY: The Contractor shall exercise extreme care to minimi degradation of water quality at the site. All necessary provisions shall be taken to insure compliance with the water quality standards of the State of Florida. Attention is called to Chapter 62 -3, Florida Administrative Code, and in particular, the requirements that turbidity shall not exceed 29 Nephelometric Turbidity Units above background level. The waters of the project area are classified Class II and III. Adequate silt containment procedures and equipment shall be used to control turbidity at all times at no additional expense to the Owner. 1.03 SALVAGED MATERIAL: Unless otherwise stated or noted on the drawings, all materials salvaged under this contract shall become the property of the Contractor. Salvaged materials may not be reused in the Work except upon written approval of the Engineer. All salvaged materials not reused shall be removed from the site of the Work or otherwise disposed of by the Contractor in a manner satisfactory to the Engineer. 1.04 LIST OF DRAWINGS: The work shall conform to the following drawings which form a part of the contract documents: Title Sheet No. Cover Sheet 1 Existing/Demolition and Proposed Plan 2 Details and Notes 3 Erosion Control Details 4 Maintenance of Traffic Details 5 1.05 SUBSTITUTIONS: A. Substitutions will not be permitted on any items specified herein or identified on the drawings where two or more manufacturers have been named unless they are followed by the words "or equal ". Substitutions will also not be considered on any specified items whenever they are followed by the words "no substitutions ". All substitution requests must be made in writing to the Engineer within thirty (30) days of the Contract Date. B. Submit five copies of request for substitution. Include in request: 1. Complete Data substantiating compliance of proposed substitution with Contract Documents. 2. For Products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature: (1) Product description. (2) Performance and test data. 01019 -1 WF900161 (3) Reference standards. c. Samples. d. Name and address of similar projects on which product was used, and date of installation. 3. For construction methods: a. Detailed description of proposed method. b. Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in construction schedule. 6. Relation to separate contracts. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. The Engineer shall consider commonality of parts and demonstrable performance of the specified and proposed substitutions as a part of the evaluation. 1.06 WATER: The Contractor shall provide and maintain, at his own expense, an adequate supply of water for his use for construction and domestic consumption, and to install and maintain necessary connections and piping for same, but only at such locations and in such a manner as approved by the Owner/Engineer. ' Note that water required for one (1) complete filling of the replaced water main pipeline for pressure testing shall be provided to the Contractor at no expense. Additional water use beyond this for construction purposes or for flushing of the lines or for failed tests shall be at the Contractor's expense at the Village's normal bulk water sales rate. No water will be supplied by the Owner to the Contractor for the flushing or testing of the installed storm drain. 1.07 PRESERVING WATER QUALITY: The Contractor shall exercise extreme care to minimize degradation of water quality at the site. All necessary provisions shall be taken to ensure compliance with the water quality standards of the State of Florida. Attention is called to Chapter 17 -3, Florida Administrative Code, and in particular, the requirements that turbidity shall not exceed 29 Nephelometric Turbidity Units above background level. The waters of the project area are classified Class III. Adequate silt containment procedures are equipment shall be used to control turbidity at all times at no additional expense to the Owner. During all pigging /flushing activities when discharge waters will flow into canals, lakes or ponds appropriate silt barriers and turbidity curtains shall be in place. Additionally, no water with a chlorine residual may be discharged into canals, lakes or ponds. 1.07 ELECTRICITY: All electrical current required by the Contractor to construct this project will be furnished at his own expense. 1.08 SANITARY FACILITIES: The Contractor shall provide temporary restroom facilities for field crews. Existing Owner facilities are not available for use by the Contractor. 1.09 WORKING HOURS: Exclusive of shutdowns, all work on this contract shall be conducted during normal Village working hours (7:30 A.M. to 5:30 P.M.) on weekdays, excluding Village holidays. 1.10 ASSEMBLIES OR UNITS: Where the Contractor is required to furnish and install an assembly or unit, the Contractor shall furnish all component parts as required by the manufacturer of the unit. 1.11 ACCESS TO THE WORK SITE: The Contractor may use only the public road right of ways for access to the work locations. The Contractor shall be responsible for maintaining, protecting and restoring the routes to the satisfaction of the Owner /County and Engineer. r 01019 -2 WF900161 i 1.12 SECURITY: The Contractor shall be fully responsible for the safety and security of the work and staging/storage area. Any temporary measures required to maintain the security of the area shall be the Contractor's responsibility. 1.13 FAMILIARITY WITH LAWS: The Contractor is assumed to be in compliance with and familiar with all federal, state and local laws, ordinances, rules, codes and regulations that may in any manner affect the work. Failure to familiarize themselves with applicable laws, etc., shall in no way relieve the Contractor from responsibility. r 1.14 STANDARDS: All work performed on this project shall be in accordance with the Village of Tequesta Minimum Standards. All conditions, as set forth in the respective permits /standards, shall be satisfied and adhered to by the Contractor. A copy of these standards can be acquired from the Village. r 1.15 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: Where pavement, trees, shrubbery, fences, irrigation systems or other property or surface structures not designated as pay items have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, State laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property /items and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. r _ r r r r r t r 01019 -3 WF900161 SECTION 01150 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 GENERAL: Measurement and payment will be based upon Work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, backfilling, leakage tests, filling /flushing of pipeline, surveying, permits, dewatering, density tests or other incidental items of Work not shown in the Agreement or listed in the proposal. 1.02 EQUIPMENT AND MATERIALS IN STORAGE: Partial payment for materials and equipment in proper storage at the approved storage site of the Work will be made for those items for which the Contractor has submitted the following: A. Invoice for each item in storage. The invoice shall not exceed the value of the item stored as determined by the amount paid to the manufacturer. ' B. List of items in storage. C. With the following pay estimate, Release of Liens for 90% of each item listed as stored materials for the previous pay estimate. Any item for which a 90% Release of Lien is not supplied shall be considered as having been removed from the site. Payment for any offsite storage of material will not be made unless an approved site for offsite storage is granted by the Village and Engineer. Any payment for stored material shall not include labor or profit by the Contractor or any subcontractor. The Contractor is specifically advised that this procedure may require full payment for some stored materials or shop work significantly ahead of the time when payment is issued by the Owner. 1.03 MEASUREMENT r I. General Items A. Mobilization / Demobilization: Measurement shall be based upon the complete mobilization onto the project site with payment of this item up to 60% - the remaining 40% payment will be released at Substantial Completion. B. Clearing / Grubbing: Measurement shall be based upon a percent complete for Lump Sum item relative to clearing / grubbing. This item shall include but not be limited to asphalt and concrete removal, irrigation line removal and preconstruction video. C. Maintenance of Traffic (MOT): The sum provided is not the actual calculated cost of this MOT plan but rather an insurance that the MOT will be carried out according to the guidelines of these specifications and to the satisfaction of the Engineer. The actual costs of MOT may be more or less but 1 the given value is all that will be allocated on this project. D. Sod (Floratam): Measurement shall be made on a square yardage basis for the installation of Floratam sod within the proposed planting area. II. Demolition A. Drainage Pipe Removal: Measurement shall be made on the lineal foot of drainage pipe removed. This is to be completed without damaging existing drainage inlet structures. 01150 -1 WF900161 B. Water Main Removal: Measurement shall be made on the lineal foot of water main removed. The existing water main is made of asbestos concrete and additional costs for the proper disposal of this hazardous material shall also be included in this measurement. III. Drainage System Improvements A. 12" Compacted Subgrade: Measurement shall be based upon the mean length multiplied by the mean width of compaction subgrade installed. The unit cost shall include but not be limited to; compaction, density tests and cutting or placement of subgrade material as needed. B. 12" Base: Measurement shall be based upon the mean length multiplied by the mean width of base material installed. The unit cost shall include but not be limited to compaction, density tests and cutting or placement of subgrade material as needed. C. Pavement (Type SP -9.5 and SP -12.5 Asphalt): Measurement shall be based upon the mean width multiplied by the mean length of each type of asphalt placed according to the project drawings. Price should also include costs incurred for proper pavement striping and marking of the new pavement according to FDOT Standard Specifications. D. Open Cut Repair for Driveway: Measurement shall be made along the mean length of driveway multiplied by the mean width. This price should also include the furnishing of all labor and materials required. E. Concrete Sidewalk (4" thick): This measurement will be computed in square yards based on the mean length of sidewalk replaced multiplied by the mean width of sidewalk. This price will include the sidewalk that is removed in addition to the new sidewalk that is to be installed. The cost of all labor and materials required should also be included in this price. F. Pipe, Reinforced Concrete Storm Drain: The unit cost shall include pipe, all connections, 1 external joint wraps, excavation, placement, backfill, compaction, density tests, finish grading, temporary fencing, street lights, proper removal and replacement of existing roadway signage, and the labor required for the work to be performed unless otherwise noted. Pipe will be measured along the centerline of the pipe installed. Where the measurement terminates at a structure, the wall of the structure shall be the point of termination. In addition, this price shall also include all additional expenses incurred for maintaining all the palm trees in the project area. Suggested methods of maintaining can include but are not limited to supporting palm trees through bracing or tying these palms down while trench work is being completed. G. Connect to Existing Drainage: Measurement shall be taken for connecting the newly installed 48 -inch reinforced concrete storm drainage pipe to the existing storm lines and inlet structures. If the structures are damaged in this process, the Contractor must provide new replacement structures at no additional cost to the Owner. All costs for additional materials and labor needed for completion of this work shall also be included in this price. H. Dewatering: Measurement shall be on a lump sum basis for the complete installation, work and removal of a suitable dewatering system as specified in Section 02401 of this document. IV. Water Main Replacement A. Pipe, Water Main: Pipe will be measured along the centerline of the pipe installed. No deduction will be made for the length of valves and fittings installed in the line. Where the measurement terminates at a valve, bend, tee or other fitting, the centerline of the valve or fitting shall be the point of termination. This unit price shall also include the furnishing of all labor and materials required including irrigation replacement and connections and magnetic marker tape for this 4 -inch DI water main. B. DI Fittings: Measurement of DI fittings shall be on the basis of weight of one 4 -inch fitting 01150 -2 WF9001 b 1 and one gland pack. The weights used to determine the quantity installed shall be the weights of the appropriate fittings as listed in the supplier's invoice or catalog. Fittings installed by the Contractor to suit his schedule, realignment of the main or availability of materials shall not be paid for unless approved by the Engineer in writing. The Engineer has specified a Flanged Resilient Seated Gate Valve to be used in this application. C. Water Services: Measurement shall be based upon connecting the existing pipe to the water meters along Short Avenue and all additional materials and labor required for completion. ' D. Tie into Existing Water Connections: This item includes the following work, which will be paid for at the Lump Sum Cost: 1. Notification and shut down of existing main. 2. Cutting and proper removal of a segment of the AC pipe. 3. Providing for and installing all necessary fittings and hardware to connect new main to existing AC pipe (including Hymax Couplings and 10 "x4" Tapping Saddle). 4. All flushing, visual inspections and performance tests, including pipe disinfection required prior to installation and prior to the completion of the project. 1.04 PAYMENT: Payment will be made at the respective contract unit and/or Lump Sum price for each item shown in the Agreement, stored and/or installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto. The following schedule shall be adhered to: ' A. End of the Month - Cut off date /confirm quantities with inspector. B. 5th of the Month - Pay estimate to the Engineer ' C. 10th of the Month - Pay estimate to Owner D. 10th of the following Month - Payment by Owner No separate payment shall be made for the following: 1. Backfill material 2. Dewatering 3. Pipe marker tape /electronic marker 4. Irrigation System repair /replacement 5. Preparation of record drawings 6. Restoration of surfaces, structures, curbing and property that have been damaged by the Contractor. ' 7. Removal of excess excavated material from the project area. 8. Mechanical Joint Restraint Systems (to be included in Unit Cost of fittings). 9. Crushed Rock in pipe installations 10. Grading of project areas to existing conditions within project areas. 11. Storm sewer and drainage structure repair /replacement. 12. Gate/Fencing Removal and Replacement 13. Video Tape of Project Areas I 14. Portions of Landscape (Hedges /Trees) Removal and Replacement 15. Mailbox repair /replacement 16. Connections to existing meters 17. Temporary Pumpage (stormwater) 1.05 LUMP SUM ITEMS: The Contractor shall be responsible for submitting a schedule of values for 01150 -3 WF900161 r r the lump sum items defined within this contract prior to the submittal of the first pay request. 1.06 PAY ESTIMATE FORMS: The Engineer will supply a pay estimate form for the Contractor to use for submittal. The Contractor shall make copies to be used for submittal of the following pay estimates. Failure of the Contractor to sign the pay estimate or attach appropriate documentation shall be grounds for returning the pay estimate with no action by the Owner or Engineer. 1.07 PROJECT SCHEDULE: An updated project schedule shall be submitted with each pay request. r Pay requests submitted without the schedule will be returned with no action. r r r 1 t 1 1 r r r r r r 01150 -4 WF900161 SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 DESCRIPTION OF REQUIREMENTS: The types of submittals controlled by these general 1 requirements include shop drawings, operation and maintenance manuals, instruction manuals, samples, Maintenance of Traffic plans, and miscellaneous work - related submittals. The individual submittal requirements are specified herein and in applicable sections for each unit of work. 1.02 GENERAL SUBMITTAL REQUIREMENTS: A. Coordination and Sequencing: The Contractor shall coordinate preparation and processing of ' submittals with performance of the work so that the work will not be delayed by submittals. The Contractor shall coordinate and sequence different categories of submittals for the same work, and for interfacing units of work, so that one will not be delayed for coordination with another. No extension of time will be allowed because of failure to properly coordinate and sequence submittals. B. Preparation of Submittals: Provide permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other submittals. Each submittal shall clearly state where the item is to be installed. Package each submittal appropriately for transmittal and handling. Submittals which are received from sources other than through Contractor's office will be returned without action. All results of testing by independent labs or agencies shall be submitted to the Engineer. This shall include both passing and failing tests. 1 1.03 SPECIFIC CATEGORY SUBMITTAL REQUIREMENTS: General: Except as otherwise indicated in individual work sections, comply with general requirements specified herein for each indicated category of submittal. 1.04 GENERAL SHOP DRAWING REQUIREMENTS: As soon as practicable and within thirty (30) days after the date of execution of the contract, the Contractor, in conformance with the conditions of the contract, shall submit to the Engineer for approval, four (4) copies (in addition to those copies necessary for his own requirements) of the shop drawings. The Contractor shall submit newly prepared information; do not reproduce contract documents or copy standard printed information as basis of shop drawings. Prepare on reproducible sheets, not less than 8 -1/2 in. x 11 in. and not larger than 24 in. x 36 in., except for actual pattern or template type drawings. Prepare shop drawings to accurate scale, except where other form is indicated as acceptable. Show dimensions and note which are based on field measurements, identify materials and products in the work shown. Indicate name of firm which has prepared each shop drawing, and provide appropriate project identification. Shop drawings submitted to the Engineer for his approval shall first be checked in and approved by the Contractor, as indicated by a "Checked" stamp marked "Approved" on each copy of the shop drawing. Shop drawings received without the Contractor's "Checked and Approved" stamp will be returned without further action. Shop drawings shall be submitted for the following: 1. Pipe and Fittings (Water Main) 2. Storm Drain Pipe 3. Tapping Valve and Saddle I 4. Valves 5. Water Service Components 6 Project Schedule 01300 -1 WF900161 7. Asphalt and Concrete Mix Design 8. Maintenance of Traffic Plans 9. Erosion and Sediment Control Plan 10. Stormwater Pollution Prevention Plan 11. Any other items requested by the Engineer 1 Product Data: Collect required data into one submittal for each unit of work or system; and mark each copy to show which choices and options are applicable to the project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked, and special coordination requirements. Maintain one set of product data for each submittal at the project site, available for reference by the Engineer. For purposes of this submittal, manufacturer's fabrication drawings shall be synonymous with ' shop drawings. The Contractor shall not submit product data or allow its use on the project, until compliance with ' requirements of the contract documents has been confirmed. Submittal is for information and record, unless otherwise indicated. 1.05 DOCUMENTS: Maintain at the job -site one copy of all drawings, specifications, addenda, approved shop drawings, change orders, field orders, other contract modifications, and other approved documents submitted by the Contractor in compliance with various sections of the specifications. Each of these Project Record Documents shall be clearly marked "Project Record Copy" and maintained in good condition, available at all times for review by the Engineer and not used for construction purposes. r 01300 -2 VVF900161 SECTION 01400 GENERAL QUALITY CONTROL PART 1 - GENERAL 1.01 DESCRIPTION OF REQUIREMENTS: Definitions: Specific quality control requirements for the work are indicated throughout the contract documents and are not repeated herein. The requirements of this section are primarily for performances of the work beyond furnishing of manufactured products. The term "Quality Control" includes, but is not ' necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify Engineer's duties relating to quality control and Contract enforcement. ' 1.02 RESPONSIBILITY FOR INSPECTIONS AND TESTS: Unless otherwise noted, all testing and inspections required by these specifications shall be performed by a properly certified entity. All costs associated with the testing and inspections shall be the Contractor's responsibility. The Contractor shall also be responsible for all tests or inspections required by any entity having jurisdictional control over the work. The costs for those required services by independent testing laboratories are recognized to be included in the contract sum. No failure of test agencies, whether engaged by Owner or Contractor, to perform adequate inspections or 1 tests or to properly analyze or report results, shall relieve the Contractor of responsibility for fulfillment of the requirements of the contract documents. 1.03 QUALITY ASSURANCE: General Workmanship Standards: Except as more definitively specified, the Contractor shall comply with recognized workmanship quality standards within the industry applicable to each unit of work, including ANSI standards where applicable. It is a requirement that each category of tradesperson or installer performing the work be prequalified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and of being capable of workmanship complying with those standards. 1.04 PRODUCT DELIVERY- STORAGE - HANDLING: General: Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damages, deterioration and losses including theft (and resulting delays), thereby insuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long -term storage at the project site prior to installation. Contractor shall provide covered, inside storage for all new equipment on the site which is not intended for outside installation. Electrical, hydraulic and pneumatic connections on all equipment shall be protected from the elements. Contractor shall store all material on the project site unless specifically authorized otherwise by the Owner. PART 2 - PRODUCTS (Not Applicable) ' PART 3 - EXECUTION 3.01 PREPARATION FOR INSTALLATION: Installer's Inspection of Conditions: The Contractor shall require the fabricator and installer of each 01400 -1 WF900161 major unit of work to inspect the substrate to receive the work, the conditions under which the work will 1 be performed, and to report (in writing to the Contractor and the Engineer) unsatisfactory conditions. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the fabricator and installer. 3.02 INSTALLATION QUALITY CONTROL: Manufacturer's Instructions: Where installations include manufactured products, comply with 1 manufacturer's applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in the contract documents. The Contractor shall inspect each item of materials or equipment immediately prior to installation, and reject damaged and defective items. Provide attachment and connection devices and methods for securing work as it is installed; true to line ' and level, and within recognized industry tolerances if not otherwise indicated. The Contractor shall recheck measurements and dimensions of the work, as an integral step of starting each installation. Install work during conditions of temperature, humidity, exposure, forecasted weather, and status of project completion which will ensure best possible results for each unit of work, in coordination with entire work. Isolate each unit of work from noncompatible work, as required to prevent deterioration. Adjust, clean, lubricate, restore marred finishes, and protect newly installed work, to ensure that it will remain without damage or deterioration during the remainder of the construction period. 01400 -2 WF900161 SECTION 01570 ' TRAFFIC REGULATION PART1- GENERAL 1.01 DESCRIPTION: The work to be performed under this section shall include furnishing all Maintenance of Traffic (MOT) plans, all materials and labor necessary to receive approval and to regulate vehicular /pedestrian traffic in accordance with the requirements set forth herein and those required by FDOT and the Village of Tequesta. The MOT should include installation and maintenance of detours around Tequesta Drive through side streets as noted on the drawings of the contract plans. ' 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The work performed under this contract shall be in strict accordance with the following codes and standards: 1 A. Local, county and municipal codes. B. Florida Department of Transportation specifications. ' C. State and U.S. Government requirements. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION 3.01 TRAFFIC AND VEHICULAR ACCESS I A. Emergency Vehicles: The Contractor shall notify, in writing, the Engineer, the police, fire and other emergency departments and agencies when and where work is to be accomplished which will affect their operations. The notification shall be supplied at least two days, but not more than ten days, prior to the start of such work. B. Major Roads and Streets: No major roads or streets shall be blocked to traffic without adequate detour facilities. C. Commercial Properties: Access to commercial property shall not be blocked for a period of ' more than 30 minutes during the time such properties are open for business. D. Residential Property: Access to residential property shall not be blocked for a period of more than 12 hours. E. Arterial Streets/Parking Areas: The Contractor shall make every attempt to maintain streets and parking areas within the project area accessible to the residents. Notification shall be given to the Engineer and affected residences within three (3) days prior to the start of work. 3.02 CONSTRUCTION IN OTHER THAN STATE HIGHWAY RIGHT -OF -WAY: Construction within other than state highway right -of -way shall be made in full compliance with all requirements of the Florida Department of Transportation and to the satisfaction of the local governing bodies. All necessary barricades, detours, lights and other protective measures shall be provided for the protection of both pedestrian and vehicular traffic. i 3.03 SUBMITTALS AND COORDINATION: The Contractor shall prepare sketches and background information required to obtain approval for all Maintenance of Traffic regulation. The Contractor shall coordinate all traffic regulation with the appropriate governmental/regulatory agencies. ' 01570 -1 WF900161 SECTION 01720 RECORD DRAWINGS PART 1- GENERAL 1.01 DESCRIPTION: The Work covered under this section shall include furnishing the Engineer all information necessary for a complete set of Record Drawings. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The Record Drawings information shall be in strict accordance with the following codes and standards: A. Local county, municipal and utility codes B. Department of Environmental Protection C. State of Florida Department of Health and Rehabilitative Services 1.03 MATERIALS: The Contractor shall mark on the construction drawings of the Contract Documents all field information. PART 2 - PRODUCTS 2.01 RECORD DRAWINGS: The Record Drawings shall correctly and accurately show all changes from the Contract Documents made during construction and shall reflect surveyed information which shall be performed by a professional land surveyor registered in the State of Florida. All record drawing information submitted shall be in the National Geodetic Vertical Datum (NGVD) 88. The drawings shall be neat and legible. Show all elevations and horizontal control of all storm sewers, gravity sewers including laterals, electric cables, television cables, telephone cables, force mains, and water mains which are crossed or exposed. A. Drainage Improvements: Record Drawings shall show the following field information: 1. Pipe material used and invert elevations ' 2. Elevation and horizontal control of all drainage structures set. 3. Final swale grades. B. Water Main: Record drawings shall show the following field information: 1. Show pipe material used. 2. Show location of tees, crosses, bends, terminal ends, valves, service taps, air release valves, etc., by distances from known above ground reference points (manholes, catch basins, and bridges). 3. Show location of all casing pipes, horizontal and vertical. 4. Show all variations in required cover over pipe. 5. Elevation and horizontal control of all storm sewers, gravity sewers, including laterals, force mains, etc. which are crossed. 01720 -1 WF900161 r i SECTION 02110 CLEARING AND GRUBBING PART 1 - GENERAL ' 1.10 DESCRIPTION: Work under this section of the specifications consists of clearing and grubbing for the construction as shown on the plans, and the disposal of materials and debris resulting from the clearing and grubbing operations. The construction site shall be cleared as required and all areas upon which concrete slabs, foundations or pavement is to be placed shall be cleared and grubbed. The Contractor is expected to visit the site of the work and determine for himself the extent of the clearing and grubbing necessary for his construction operations. PART 2 — PRODUCTS (Not Applicable) PART 3 - EXECUTION 2.01 CLEARING: Clearing consists of the removal of all trees, living or dead, stumps, down timber, brush, rubbish and all other objectionable debris, from the area to be cleared. Trees, stumps and brush may be cut off flush with the surrounding ground surface or removed at the option of the Contractor. Should selective clearing be desired, the Engineer will select and mark, or otherwise designate, the trees or ornamentals to remain standing. 2.02 CLEARING AND GRUBBING: On areas specified to be cleared and grubbed, all trees, stumps, ' down timber, brush and other objects standing on or protruding from the ground shall be removed. All roots shall be grubbed and removed a minimum of 18 inches below the surface of the ground. Holes caused by grubbing operations shall be filled to the level of adjacent ground. 2.03 SELECTIVE CLEARING AND /OR GRUBBING: Special attention shall be given by the Contractor to the trees located within the pipeline corridor. The Owner has specified the Work to complete the project must be done around the existing trees, including the Royal and Queen Palm Trees and various Oak Trees. All efforts are to be taken to preserve the limbs of all trees currently in place which includes but is not limited to utilizing braces, supports or by tying the trees down. Any trees which are damaged or removed to make a clear work area are to be replaced in kind at the expense of the Contractor. Work within these areas, shall be reviewed with the Contractor prior to any work occurring. 2.04 DISPOSAL: All material and debris resulting from clearing, or clearing and grubbing, operations shall be disposed of in a manner approved by the Engineer. It shall be the responsibility of the .Contractor ' to obtain permits where such permits are required and he shall be responsible for any and all damage to surrounding property or areas caused by his operations. 2.05 CLEANUP: In accordance with the GENERAL CONDITIONS. 02110 -1 WF900161 r r SECTION 02150 EROSION & SEDIMENT CONTROL PART 1 — GENERAL 1.01 DESCRIPTION: Work under this section includes all Contractor provided labor, systems, materials, etc. to provide complete site erosion in conformance with these specifications as well as all applicable local, State and Federal regulations in sufficient detail to control the spread of wind and water borne materials that would be detrimental to adjoining public or private property, the site, and improvements on the project. These measures shall include the Contractor's construction and maintenance of temporary erosion control features as shown in the plans or as may be directed by the Engineer. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: Work under this section shall be in accordance with the following codes and standards: A. Section 104 of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction," 2004 edition B. Rule 62- 621.300 (4), F.A.C. and the "Generic Permit for Stormwater Discharge from Large and Small Construction Activities ", FDEP Document 62- 621.300(4) (a). 1.03 SUBMITTALS: A. Prior to the pre - construction meeting, the Contractor shall obtain, prepare and submit the FDEP Form 62- 621.300 (4) (b), "Notice of Intent (NOI) to use a Generic Permit for Stormwater Discharge from Large and Small Construction Activities ". The type of project or activity that qualifies for use of the Generic Permit, the conditions of the permit, and additional requirements to request coverage are specified in the Generic Permit document (FDEP Documents 62- 621.300 (4) (a). The appropriate Generic Permit fee, as specified in Rule 62 -4.050 (4) (d), F.A.C., shall be submitted with the NOI in order to obtain permit coverage. Submit a copy of the NOI and confirmation of receipt of the NOI and fee from the NPDES Stormwater Notices Center prior to the pre - construction meeting. B. The Contractor shall submit to the Engineer a detailed "Erosion and Sediment Control Plan" and " Stormwater Pollution Prevention Plan" ( SWPPP) for review. Included shall be plan(s) of the site locating all siltation skirts, hay bales, turbidity curtains, and other features required to control erosion, sediment, water and air pollution, on and off the site. The plan shall be sequenced to show changes during the life of the project; shall be coordinated with on -site stockpiling of fill and top soil; and shall be directly coordinated with the construction sequence for stormwater improvements. C. The plan shall include catalog cuts of all materials provided in support of the plan. The "Erosion and Sediment Control Plan" and SWPPP shall be submitted at or before the preconstruction conferences. D. At the conclusion of construction and prior to final acceptance by the Engineer, the Contractor shall complete and submit the FDEP Form 62- 621.300(6), "Notice of Termination (NOT) of Generic Permit Coverage" in accordance with the instructions contained therein. Submit a copy of the NOT and confirmation of receipt of the NOT from the NPDES Stormwater Notices Center prior to final acceptance by the Engineer. 02150 -1 WF900161 i 1.04 PERMANENT EROSION CONTROL: This section is not intended to address the permanent Contractor installed erosion control features such as grassing, sodding, grading, and the installation of drainage structures. It applies only to the temporary efforts required of the Contractor during the full construction process. The Contractor shall incorporate the permanent erosion control features into the project as soon as possible. PART 2 — PRODUCTS 2.01 SILTATION FENCES: The siltation fences shall be geotechnical woven or non -woven fabric conforming to the applicable application requirements of Section 985 of the FDOT Standard Specifications. The type and size of posts and wire mesh reinforcement will be at the option of the Contractor and applicable to the installation conditions. 2.02 EROSION CONTROL MATTING: Erosion control matting shall be woven, biodegradable geotechnical fabric. It shall be used to temporarily stabilize channels or steep slopes until vegetation is established. This type selected shall be comparable to the grass cover applied for the particular installation. The material shall be stapled in place at 18- inches on center with a minimum matting lap of 4- inches. 2.03 HAY OR STRAW BALES: Hay and straw bales shall be individual bales each entrenched 4- inches into the soil. The bales shall be clean, fresh hay or straw. Bales shall be replaced when they become clogged with silt, deteriorate, or after a period of 3 weeks, whichever occurs first. The particular application may require that bales be staked into the ground with rebars. 2.04 TURBIDITY CURTAINS. Turbidity curtains shall be floating at sufficient depths to reach within 1.0 foot of the bottom of the receiving water. They shall be similar to the types manufactured by the American Boom and Barrier Corp. They shall be yellow or international orange in color. The material shall be 45 mils thick (18 to 22 oz/sq. yd) and fully sewn or vulcanized seamed to provide flexible and buoyant units. The top floatation shall maintain a 3 -inch freeboard above the water surface. PART 3 — EXECUTION 3.01 GENERAL: A. The Contractor shall install and maintain, for the full period of the constructions, all necessary temporary erosion control features. These features shall be coordinated with all applicable construction features to assure the continuous and effective control of erosion and degradation of surface water quality on and adjoining the site. In the event of unforeseen conditions, the Engineer may require the use of control features of methods other than those indicated or proposed by the Contractor. The outfall for the water in this construction area is the north fork of the Loxahatchee River, which is at the northeast comer of the Tequesta Drive Bridge, approximately 0.3 miles to the west of the construction area. The Contractor shall at a minimum install turbidity barriers at this outfall to guarantee that the quality of water in the Loxahatchee River is not harmed in any way. B. The Contractor shall perform all clearing and grubbing operations such that the area of unprotected erodible earth exposed at any one time is not larger than the minimum area necessary for efficient construction operations, and the duration of exposed, uncompleted construction shall be kept as short as practicable. 02150 -2 WF900161 3.02 EARTHWORK PROCESS: A. The Engineer may limit the area of unprotected erodible earth exposed by clearing, grubbing, excavation, backfilling, or stockpiling operations and may direct the Contractor to provide immediate temporary erosion or pollution control measures to prevent erosion, degradation or receiving water, or wind blown transfer of materials. As a result, the Contractor's efforts shall be in keeping with his capability to grade, grass, and install the permanent erosion control measures. B. If unforeseen erosion problems arise as a result of the design, weather conditions, or the Contractor's operations, the Contractor shall be required to implement acceptable temporary erosion control features during construction when the Engineer so directs. 3.03 TEMPORARY EROSION CONTROL: A. General: Temporary erosion and water pollution control features shall consist of, but not be limited to, temporary grassing, temporary sodding, temporary mulching, sandbagging, slope drains, ' sediment basins, sediment checks, berms, baled hay or straw, floating turbidity curtain, and silt staked fence. The Contractor may find design details for some of these items in the Water Quality Section of the applicable edition of the Florida Department of Transportation "Department's Roadway and Traffic Design Standards." The Engineer may direct use of temporary erosion control features or methods other than those indicated herein. Any such advice given the Contractor by the Engineer shall not relieve the Contractor from fully preventing erosion. B. Temporary Grassing: The Contractor may provide temporary sod or seeding and mulching to provide temporary erosion control in areas where applicable or where site conditions warrant. The Contractor shall obtain the approval of the Engineer for the use of all forms of temporary grassing. Where temporary grassing is provided, the final condition of the grass may warrant its removal and degrassing at no additional cost the Owner. C. Temporary Mulch: This work shall consist of furnishing and applying a 2 to 4 -inch thick blanket of straw or hay mulch into the top 2 -inch of the soil in order to temporarily control erosion. Only undecayed straw or hay, which can readily be cut into the soil, shall be used. Other measures for temporary erosion control such as hydro mulching, chemical adhesive soil stabilizers, etc. may be substituted for mulching with straw of hay if approved by the Engineer. When permanent grassing operations begin, temporary mulch materials shall be plowed under in conjunction with preparation of the ground. D. Sandbagging: This work shall consist of furnishing and placing sandbags in configurations so as to control erosion and siltation. E. Slope Drains: This work shall consist of constructing slope drains, utilizing pipe, fiber mats, rubble, cement concrete, asphaltic concrete plastic sheeting, or other acceptable materials, or as may be approved as suitable to adequately perform the intended function. F. Temporary Sediment Basins: Temporary sediment basins, if necessary, shall be constructed to adequately perform the intended function. Sediment basins shall be cleaned out as necessary to maintain flow function or as directed. 02150 -3 WF900161 SECTION 02225 STORM SEWERS AND APPURTENANCES r PART 1- GENERAL 1.01 DESCRIPTION: Work under this section includes all portions of the backfilling, compaction, furnishing and installing of storm drainage pipe and appurtenances, and other incidental work in connection with the construction. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: Work under this section shall be in accordance with the following codes and standards: A. American Association of State Highway and Transportation Officials (AASHTO). B. Florida Department of Transportation "Standard Specifications for Road and Bridge Construction" Latest Edition (FDOT). C. Local City and County codes. PART 2 - PRODUCTS 2.01 PIPE: Install pipe conforming to these specifications and of the type and size shown on the drawings and in accordance with Section 02610. A. Reinforced concrete pipe (RCP) shall conform to the requirements of FDOT Standard Specification, Section 941, Articles 941 -1 through 941 -3. RCP shall also adhere to ANSI/ASTM C -76, Class III. Pipe joints shall meet the requirements of FDOT Standard Specification, Section 942. PART 3 - EXECUTION 3.01 EXCAVATION: A. General: The Contractor shall perform all excavation of every description and of whatever substances encountered to the depths indicated on the drawings or as necessary. Excavation shall be unclassified regardless of material encountered. This shall include all necessary clearing and grubbing of any foreign substance encountered within the structure or trench area. No separate payment for excavation as such will be made. The cost thereof shall be included in the prices for the pipe installation. Excavation material suitable for backfill shall be piled in an orderly manner at a sufficient distance from the trench to avoid overloading and to prevent slides or cave ins. 1. Except in rock and water bearing earth, mechanical excavation shall be limited to four inches above the elevation of the pipe invert. All additional excavation shall be made manually. Excavation in rock shall be made by a method approved by the Engineer. 2. All muck below storm drain pipes and structures shall be completely removed to the width of the trenches at the pipe and to the depths where sand or other acceptable material is encountered. After removal of all muck, the trench shall be filled to the invert of the pipe with select fill placed and tamped in eight inch layers. Each layer shall be compacted to not less than 100 percent of the maximum density and within f2 percent of the optimum moisture content as determined by AASHTO Method T -99. Fill material 02225 -1 WF900161 shall be clean sand, free from debris, vegetable matter and other deleterious substances. 3. The Contractor shall dispose of the excavated materials not required or suitable for backfill and shall perform such grading as may be necessary to prevent surface water from flowing into the trenches. Unsuitable material includes muck, rock, clay or other material within the limits of construction that is unsuitable in the opinion of the Engineer. The Contractor shall excavate this material and backfill with suitable material, which shall be compacted and shaped to conform to the required section. Haul or disposal of material will be the responsibility of the Contractor. Sheeting and shoring shall be installed as may be necessary for the protection of the work, for the preservation of adjoining property and structures and for the safety of the employees. Unless otherwise indicated, excavation shall be by open cut. 4. The Contractor shall provide adequate equipment for the removal of storm or subsurface waters which may accumulate in the excavated areas. If subsurface water is encountered, the Contractor shall utilize approved means to adequately dewater the excavation so that it will be dry for working and pipe laying. A wellpoint system or other approved dewatering method shall be utilized if necessary to maintain the excavation in a dry condition for preparation of the trench bottom and for pipe laying. All existing improvements such as pavements, conduits, poles, pipes and other structures shall be carefully supported and fully protected from injury and, in case of damage, they shall be restored without compensation. Existing utilities and other underground obstructions are shown on the plans but the accuracy of the locations and depths is not guaranteed. The 1 Contractor shall be responsible for damages to these existing utilities and shall, in case they are damaged, restore them to their original condition. B. Trench Excavation: Trenches shall be excavated to such width as may be necessary for proper laying of the pipe with banks at appropriate slopes as practicable. The bottom of trenches shall be accurately graded to provide uniform bearing on undisturbed soil for the entire length of each section of pipe, except where it is necessary to excavate for pipe bells and for the proper sealing of joints. Bell holes and depressions shall be excavated after the trench bottom has been graded and such holes and depressions shall not be made larger than is necessary for properly making the particular type of joint. The width of the trench at and below the top of the pipe shall not be greater than necessary to permit jointing and thorough tamping of the backfill around the pipe. The width of the trench above the level may be as wide as necessary for sheeting and bracing and the proper performance of the work. The bottom of the trench shall be rounded so that the bottom quadrant of the pipe will rest firmly on undisturbed soil for as nearly the full length of the barrel as proper jointing operations will permit. This part of the excavation shall be done manually only a few feet in advance of the pipe laying by men skilled in this type of work. Unauthorized over - depths shall be backfilled with loose, granular, moist earth, thoroughly tamped. Whenever the presence of incipient slides is noted during excavation, the trench walls shall be restrained with adequate sheeting, shoring and bracing. Trench excavation in the proximity of certain existing sanitary sewers and other utility lines shall be protected by either steel or wood sheeting. Used sheet piling in good condition which has been inspected and approved by the Engineer may be used in place of new sheet piling. C. Removal of Rock: Where rock is encountered, it shall be removed and replaced with clean sand that is free from debris, vegetable matter and other deleterious substances. These materials are to provide a compacted earth cushion having a thickness under the pipe of not less than 1/2 -inch per foot height of fill over the top of the pipe, with a minim thickness of eight inches. Where bell and spigot pipe is used, the eight inch cushion shall be maintained under the bell, as well as under the straight portion of the pipe. ' 02225 -2 WF900161 D. Removal of Unstable Material: It is the intent of this specification that all pipe and other structures shall be provided with a stable foundation and that any material which by reason of kind or condition is not or cannot be made stable by drainage or compaction shall be removed or replaced. Therefore, any material encountered at the elevation shown on the drawings or specified for pipe that will not or cannot be improved to provide a stable foundation for the pipe shall be removed and replaced. All unstable material below the grade line of the pipe shall be removed for the full width of the trench and replaced with suitable selected material, compacted as specified elsewhere in these specifications. For the purpose of this specification, muck, peat and other highly organic soils shall be considered to be unstable materials. Also, any soil which is or might become wet to such a degree that its moisture content is equal to or greater than 90 percent of its liquid limit will have to be specifically approved by the Engineer with regard to stability or shall be considered to be an unstable material requiring removal and replacement. E. Bedding: The bedding surface for the pipe shall provide a firm foundation of uniform density throughout the entire length of the pipe. The pipe shall be carefully bedded in a soil foundation that has been accurately shaped and rounded to conform to the lowest 1/4 of the outside circular portion of the pipe for its entire length, and when necessary, shall be tamped to secure uniform, firm support. Where bell and spigot pipe is used, the bell holes shall be deep enough to ensure that the bell does not bear on the bottom of the excavation, and shall not be excessively wide in the longitudinal direction of the culvert or storm drain. 3.02 INSTALLATION OF PIPE: Refer to Part 3, Section 02610 3.03 BACKFILLING: A. Under Pipe: Trenches shall be backfilled from the bottom of the trench to the centerline of the pipe with predominantly sandy material free from rocks or stones, placed in 12 -inch layers and compacted to 100 percent of the maximum density, as determined by AASHTO T -99 Method "C" using the appropriate equipment, under and on each side of the pipe and between the pipe and wall of trench. Backfilling material shall be deposited in the trench for its full width on each side of the pipe and appurtenances simultaneously. Backfill and fill shall be placed within t2 percent of the optimum moisture. B. Over Pipe: From the centerline of the pipe, fittings and appurtenances, to an elevation one foot above the top of the pipe, the trench shall be backfilled by hand or by approved mechanical methods. The backfill material shall be as specified in A, above. C. Under Pavement: 1. Where the excavation is made through pavements or I areas to be paved, curbs, driveways or sidewalks, or where such structures are undercut by the excavation, the entire backfill to the subgrade of the pavement or structures shall be made predominantly sandy material free from rocks, stones, vegetable matter, except that rocks passing a 3 -1/2 inch ring will be permitted in the backfill between the elevation one foot above the top of the pipe and the bottom of the pavement. 2. The entire backfill material, including the material placed around and one fot above the pipe shall be compacted to a density of not less than 90 percent of the maximum density, as determined by AASHTO T -99. Maximum size of backfill material shall be 1 /z- inch. Compaction shall be done by means of rapid striking mechanical tampers or other approved methods. 3. The bedding material, which includes the material placed under the installed pipe, 02225 -3 WF900161 shall consist of in -situ granular material with a maximum size of %2 -inch. This material should be compacted to a density of not less than 100 percent of maximum as determined by AASHTO T -99. 3.04 COMPACTION: Areas to be compacted shall be moistened and compacted by rolling, tamping or any other method approved by the Engineer in order to obtain the desired density. The Contractor shall inspect all compacted areas prior to further construction operations to ensure that satisfactory compaction has been obtained. The embankments, including backfill and embankment adjacent to structures, shall be compacted to a density of not less than 100 percent of the maximum density of not less than 100 percent of the maximum density as determined by AASHTO T -99. The backfill material above 1 foot over the pipe shall be compacted to a density of not less than 90 percent of ■ the maximum density, as determined by AASHTO T -99. If, in the Engineer's opinion, density tests are required, such tests shall be made as directed by the Engineer at the expense of the Contractor. The Contractor shall instruct the testing laboratory to forward copies of all test reports to the Engineer. 3.05 GRADING: Fill, backfill and rough grade as necessary to bring entire site level with elevations of undersides of concrete slabs, walks, paving and finished landscaping as indicated on drawings or in specifications. 3.06 FINISH GRADING: 1. Where elevations are indicated on plans, obtain such finish elevations, and establish uniform slopes of finish grades between indicated elevations. 2. Where elevations re not indicated, establish and obtain uniform slope from existing grade. 3.07 TRENCH CONDITIONS: Unless specifically authorized by the Engineer, all pipe shall be laid in the dry, and the Contractor shall perform dewatering as is required for proper execution of the work and to dispose of the water without damage or undue inconvenience to the work, the surrounding area, or the public. The Contractor shall not dam, divert or cause water to flow in excess within existing drainage systems, pavements or other structures, and to this end may be required to conduct the water (with temporary piping /swales) to a suitable place of discharge. Wellpoint system or other approved equipment shall be used to maintain excavations in a dry condition for pipe laying. 02225 -4 WF900161 SECTION 02401 DEWATERING PART 1- GENERAL 1.01 DESCRIPTION: The Work to be performed under this section shall include furnishing all equipment and labor necessary to remove storm or subsurface waters from excavation areas in accordance with the requirements set forth and as shown on the drawings. Contractor is strongly urged to be aware of the varying levels of the groundwater table. The tidal influences are strong in the area of the project and all dewatering operations and equipment should be closely monitored. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The dewatering of any excavation areas and the disposal of the water shall be in strict accordance with the latest revision of all local and state government rules and regulations. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 DEWATERING: The Contractor shall provide adequate equipment for the removal of storm or subsurface waters which may accumulate in the excavation. At a minimum, the groundwater shall be lowered to at least two (2) feet below the lowest point of the excavation bottom. If subsurface water is encountered, the Contractor shall utilize suitable equipment to adequately dewater the excavation so that it will be dry for work and pipe laying. A wellpoint system or other Engineer approved dewatering method shall be utilized if necessary to maintain the excavation in a dry condition for preparation of the trench bottom and for pipe laying. Dewatering by trench pumping will not be permitted if migration of fine grained natural material from bottom, side walls or bedding material will occur. In the event that, in the Engineer's opinion, satisfactory dewatering cannot be accomplished due to subsurface conditions or where dewatering could damage existing structures, the Contractor shall obtain the Engineer's approval of wet trench construction procedure before commencing construction. Dewatering shall cease in a manner to allow the subsurface water to slowly return to normal levels. 3.02 DISPOSAL: Water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals or suitable disposal pits. Contractor is responsible for acquiring all permits required to discharge the water and shall protect waterways from turbidity during the dewatering operation. The outfall for the stormwater in this construction area is the North Fork of the Loxahatchee River. All precautions shall be taken that are necessary to prevent the turbidity of the river to deteriorate due to dewatering activities. All erosion control measures shall be taken at this outfall as specified in Section 02150. In areas where adequate disposal sites are not available, partially backfilled trenches may be used for water disposal only when the Contractor's plan for trench disposal is approved in writing by the Engineer. The Contractor's plan shall include temporary culverts, barricades and other protective measures to prevent damage to property or injury to any person or persons. No flooding of streets, roadways, driveways or private property will be permitted. Engines driving dewatering pumps shall be equipped with residential type mufflers. 02401 -1 WF900161 SECTION 02485 GRASSING PART 1- GENERAL 1.01 DESCRIPTION: The Contractor shall furnish all materials and labor necessary for grassing. It is the intent of this specification that damaged areas are to be replaced in kind. The Engineer will determine where sod or seed/mulch is to be used in any questionable areas. The Contractor shall walk the areas with the Engineer prior to placement of sod or seed/mulch to determine the limits of grassing. 1.02 STORAGE OF MATERIALS: The Contractor shall provide space for storage of sod prior to placement in a manner that will not endanger or restrict pedestrian or vehicular traffic. PART2- PRODUCTS 2.01 SOD, SEED: A. Sodding shall be in accordance with Section 575 -1 through 575 -2 of the FDOT Specifications. Sod being replaced shall be St. Augustine Floratam. PART 3 - EXECUTION 3.01 SOD: A. Sodding shall be in accordance with Section 575 -3 of the FDOT Specifications. B. Specific grading and elevations of grassy areas and swales are listed on the project drawings and should be referenced. 3.02 MAINTENANCE: Sod shall be maintained in accordance with FDOT Specifications. In addition, the Contractor shall also be responsible for supplying sufficient irrigation water to develop a growing "stand of grass." The Contractor is also required to perform the first mowing prior to final acceptance of the project. 3.03 IRRIGATION SYSTEM: Where sprinkler /irrigation systems require repair or replacement, the Contractor's sodding operation shall not commence until the Engineer has approved the Contractor's repaired or replaced irrigation system. 3.04 TIME OF PERFORMANCE: Grassing and mulching operations are to begin within a maximum of thirty (30) days after an installation or section of line has been installed. All requirements regarding grassing and mulching will be in accordance with the FDOT Specifications. Any yards or grass mat will be resodded with like sod, or otherwise, to the satisfaction of the Engineer. 02485 -1 WF900161 SECTION 02490 LANDSCAPING PART 1 — GENERAL 1.01 DESCRIPTION: The Contractor shall furnish all materials and labor necessary for landscaping. It is the intent of this specification that damaged areas are to be replaced in kind. The Engineer will determine whether the Contractor shall replace areas of stressed vegetation due to Contractor's activities. PART 2 — PRODUCTS 2.01 TREES: A. All damaged trees shall be replaced in kind according to Section 580 of the FDOT Standard Specifications. PART 3 — EXECUTION 3.01 TIME OF PERFORMANCE: All trees and/or shrubbery (landscaping) damaged or disturbed during construction shall be replaced by the Contractor at his expense as directed by the Engineer. Should these trees that were supported during the construction process not survive one year after completion of project, the Contractor will be held responsible. The indiscriminate cutting of trees or disfiguring of any feature of scenic value shall not be permitted. All methods of disfiguring, including such methods as the use of herbicides, are strictly prohibited. All debris shall be removed by the Contractor at his expense. 02490 -1 WF900161 SECTION 02500 ROAD CONSTRUCTION PART 1- GENERAL 1.01 DESCRIPTION: Work under this section of the specifications consists of furnishing all materials, labor and equipment, and performing all operations in connection with road construction including parking areas. Included are stabilization and the construction of roadway base, asphalt and concrete surfaces, roadside swales and miscellaneous roadway /parking items, all in accordance with the lines, grades, notes and sections shown on the drawings. 1.02 APPLICABLE CODES, STANDARD AND SPECIFICATIONS: The road/parking construction under this contract shall be in strict accordance with the applicable provisions of the following: A. The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction" Latest Edition (FDOT). B. American Association of State Highway and Transportation Officials (AASHTO). C. American Society for Testing and Materials (ASTM). D. City Codes. 1.03 RESTORATION: All surfaces requiring restoration shall be completed as soon as is reasonable. Replace all damaged or cut pavement due to Contractor's operations; restore all pavement outside of trench area that is damaged by the Contractor at no expense to the Owner. All pavement replacement should be made up to the right -of -way of the road. 1.04 GUARANTEE: All restored areas within the public right -of -way shall be guaranteed for one year. In the event of settlement of paved areas more than 1 / - inch below the undisturbed adjacent permanent pavement, the Contractor shall make the necessary repairs to restore the pavement level within twenty (20) calendar days after notification of the Owner. The cost of such repairs shall be paid by the Contractor. PART2- PRODUC T S 2.01 GENERAL: Coordinate with the drawings to verify which of the following products are used in the work. 2.02 STABILIZED SUBGRADE: The stabilized subgrade shall be constructed as shown on the drawings and in accordance with Section 160 of the Florida DOT Standard Specifications for Road and Bridge Construction, latest edition. The stabilized subgrade shall be Type C. 2.03 BASE MATERIAL: The rock base shall be constructed as shown on the plans and in accordance with FDOT Standard Section 200 and Section 911 for local limerock. For shell base material (cemented coquina) Section 913 and 915 shall be adhered to. 2.04 ASPHALTIC CONCRETE SURFACE: A. Prime and Tack Coats: Prime and tack coats shall be applied to the prepared baserock. Prime coat shall be cutback asphalt, Grade RC -70, MC -30, or MC -70, complying with FDOT 02500 -1 WF900161 Specifications, Articles 300 -1 through 300 -7, applied at the average rate of 0.15 gallon per sq yd. The type of asphalt used in this project will be Type SP 9.5 and Type SP 12.5. Refer to drawings for specification. Tack coat shall be emulsified asphalt, Grade RS -2, complying with FDOT Specifications, Articles 300 -1 through 300 -7 respectively, and applied at the average rate of 0.10 gallon per sq yd. The bituminous quantities are considered as average and are subject to some variation at the discretion of the Engineer and at no additional cost. B. Plant Mix Wearing Surface: A plant mix wearing surface course shall be constructed on the prepared limerock base. Materials and construction shall conform to the requirements of FDOT Standard Specifications for Type SP 9.5 and SP 12.5 modified "Asphaltic Concrete Surface Course ", Section 331, Articles 331 -1 through 331 -4. The Contractor shall provide a mix design prior to placing any asphalt. The finished pavement replacement shall be smooth and even with, or slightly above, the existing abutting pavement, but shall not have any appreciable bump due to this slight elevation. C. Rock, Gravel or Marl Replacement: Roads, streets or driveways constructed of rock, gravel or marl shall be restored to a condition equal to or better than prior to construction. PART 3 - EXECUTION 3.01 ROADWAY EARTHWORK: A. General: The Contractor shall perform all earthwork necessary to accomplish the road/parking construction shown on the drawings and as called for within these specifications. This includes all excavations, embankment and removal of muck and other unsuitable material in order to attain the required alignment, grade and cross section shown on the drawings, or as directed by the Engineer. Work of excavation and backfilling for structures is not included in this section. B. Excavation: The Contractor shall perform all excavation of whatever material encountered necessary to accomplish the road/parking construction shown on the drawings. This includes the movement and placement of suitable excavated material used for fill and embankment. All materials to be excavated shall be unclassified, except as provided for unsuitable material. Excess material, if any, shall be disposed of offsite by the Contractor. C. Unsuitable Material: Where muck, rock, clay, gumbo or other material within the limits of the roadway is, in the opinion of the Engineer, unsuitable in its original position, the Contractor shall excavate such material and backfill the excavated area with suitable material which shall be shaped to conform to the required cross sections. Unsuitable materials shall be disposed of offsite by the Contractor. D. Compaction: Areas to be compacted shall be moistened and compacted by rolling, tamping, or any other method approved by the Engineer in order to obtain the specified density. Each layer shall be uniformly compacted, and as compaction operations progress, each layer shall be shaped and manipulated as necessary to assure uniform density throughout the embankment. The Contractor shall inspect all compacted areas prior to further construction operations to ensure that satisfactory compaction has been obtained. All embankments, including embankment adjacent to structures, shall be compacted to a density of not less than 100 percent of the maximum density as determined by AASHTO T -99, Method C. E. Finishing: The Contractor shall shape all roadways to the neat lines, grades and cross section outside paved areas within the roadway in such a manner so as to receive grassing, sod or plantings without additional work. 02500 -2 WF900161 F. Striping: The Contractor shall follow Section 02765 of the contract specifications for application of roadway striping. 3.02 STABILIZING: Stabilization shall be performed where required and noted on the drawings and shall conform to the requirements of FDOT Standard Specifications, Section 160, Articles 160 -1, 160 -4.1, 160 -6, 160 -7, 160 -8, 160 -10 and 160 -11.1 for Type C Stabilization. 3.03 COMPACTED SUBGRADE: Road/parking subgrades shall be compacted to the lines, grades and cross sections shown on the drawings and in accordance with these specifications, except that the required density shall be as shown on the drawings. All subgrades shall be constructed of granular material. It shall be the Contractor's responsibility to maintain the subgrade until the base is constructed. 3.04 PRIME AND TACK COATS: No prime coating shall commence on any part of the project until the Engineer has accepted the final compacted subgrade and base. All limerock and shell base courses shall be given a prime coat of the type and rate specified prior to application of the asphaltic concrete surface. A tack coat shall be applied to limerock and shell base courses after the prime coat has lost its bonding effect, if so ordered by the Engineer. Tack coats for hot bituminous courses shall be required between courses. All prime and tack coats shall be in accordance with FDOT Section 300. 3.05 PAVEMENT REPLACEMENT: Pavement is to be replaced to the public right -of -way in accordance with the details shown on the drawings and specifications in this section. 3.06 EDGE TRIMMING: Trim edges of the existing pavement with a concrete saw or other approved method to provide a clean, straight edge. 3.07 CONCRETE SIDEWALK REMOVAL AND REPLACEMENT: A. Removal: The removal of such facilities, where required for construction purposes, shall be held to the minimum consistent with good construction practice. The material removed shall be carefully separated from trench excavation material and shall be disposed of by the Contractor. B. Replacement: The Contractor shall replace these facilities with 3000 psi concrete. The facilities shall be replaced only after thorough compaction of the fill or backfill and shall duplicate, in all respects, the original facilities and construction. C. Driveways other than concrete shall be replaced with like materials and construction. 3.08 ASPHALT DRIVEWAYS REMOVAL AND REPLACEMENT: A. Removal: The removal of such facilities, where required for construction purposes, shall be held to the minimum consistent with good construction practice. The material removed shall be carefully separated from trench excavation material and shall be disposed of by the Contractor. B. Replacement: The Contractor shall replace these facilities with asphaltic concrete surface materials that conform with the requirements of FDOT Standard Specifications above mentioned in this section. C. Driveways other than asphaltic concrete shall be replaced with like materials and construction methods. 3.09 TESTING: Compaction tests and quality control testing shall be performed on the stabilized subgrade and compacted base material to confirm compliance with the required LBR and AASHTO requirements. Testing materials shall be one per every 100 lineal feet, per layer and at each road crossing. 02500 -3 WF900161 The locations shall be selected in the field by the Engineer. The cost of all testing shall be paid by the Contractor. These tests are in addition to the required compaction tests for the pipe trench. All other tests under proposed asphalt surface shall require the Engineer's approval prior to placement. All other tests under proposed asphalt surfaces shall be submitted to the Engineer for approval prior to placement of the asphalt. Testing of the asphaltic surface shall be as required by the referenced FDOT specifications at a minimum frequency of one per every 1,500 sq. ft., with a minimum of two for this project. 3.10 CLEANUP: Shall be in accordance with the GENERAL CONDITIONS. 02500 -4 WF900161 SECTION 02610 PIPE AND FITTINGS PART 1 - GENERAL 1.01 DESCRIPTION: Work under this section consists of furnishing all materials, supplies, equipment and labor in accordance with the requirements set forth herein and as shown on the drawings. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The Work under this Contract shall be in strict accordance with the following codes and standards. A. Local, county and municipal codes. B. American Society for Testing and Materials (ASTM). C. American National Standards Institute (ANSI). D. American Water Works Association (AWWA). E. American Association of State Highway and Transportation Officials (AASHTO). F. Florida Department of Transportation Specifications (FDOT). G. Federal Specifications. H. United States Department of Commerce Commercial Standards (CS). I. All local government rules and regulations. 1.03 MATERIALS AND EQUIPMENT: A. Unless otherwise specified or shown on the drawings, materials and equipment shall be the standard product of a manufacturer and shall comply with the Contract Documents and applicable standards for such material or equipment. B. Prior to the start of Work, the Contractor shall submit to the Engineer a list of the manufacturers of all equipment and materials to be incorporated in the Work that conform to a standard, code or as specified. 1.04 WORKMANSHIP: All materials and equipment shall be installed in accordance with the manufacturer's instructions and to these Contract Documents. The Contractor shall notify the Engineer when the manufacturer's instructions conflict with these specifications. 1.05 SITE MAINTENANCE: The Contractor shall take the necessary steps to prevent objectionable blowing or drifting of dust, sand or other debris where the construction occurs in residential, commercial or other developed areas. 1.06 STORAGE OF MATERIALS AND EQUIPMENT: The Contractor shall provide space for storage of materials and equipment. Pipe strung along roads and right -of -ways shall be placed in a manner that will not endanger or restrict pedestrian or vehicular traffic. 1.07 OPEN TRENCH: The amount of open trench shall be limited so that no more than 100 feet of open trench in advance of the backfilling operation will remain at the end of the working day. All open trenches shall be protected by the Contractor with barriers, warning devices and traffic control devices, 02610 -1 WF900161 which shall be kept in the correct position, properly directed and clearly visible at all times. The barrier, ' warning and traffic control devices shall be suitably lighted at all times that vehicular traffic lights are required. PART 2 - PRODUCTS 2.01 PIPE AND FITTINGS: A. Reinforced Concrete Pipe and Fittings for Storm Drainage Application: 1. Reinforced concrete pipe shall conform to the requirements of ANSI/AWWA C301 -07 and ASTM C76 unless otherwise noted on the plans. 2. Gaskets: All reinforced concrete pipe rubber gaskets shall conform to the requirements of ASTM C443 and FDOT Standard Specification Section 942. Gaskets at the joints of the RCP shall be coated with an approved vegetable soap lubricant. 3. Joint Wraps: All reinforced concrete pipe joints shall be wrapped from the exterior of the pipe wall and conform to the requirements of ASTM C877 -08 and Section 410 -11 of the FDOT Specifications. Geo- textile filter fabric wraps may be used at the pipe and structure connections and should meet the requirements of Design Standards, Index No. 199 and Index No. 280 and conform to Section 410 -11.1 of the FDOT Specifications. B. Ductile Iron Pipe and Fittings for Water Main Applications: 1. Gasketed Joint Pipe: Pipe 4 -inch or larger in diameter shall conform to the requirements as set forth in AWWA C900 with dimension ratio DR 18 and shall bear the National Sanitation Foundation seal for potable water pipe. Provisions must be made for contraction and expansion at each joint with a rubber ring and an integral bell as part of each joint, or by a rubber ring sealed coupling. Clean, reworked material generated from the manufacturer's own pipe production may be used. Fittings shall be ductile iron, pressure rated fitting, meeting the requirement of AWWA C900, DR 18. All pipe shall have cast iron pipe equivalent outside dimensions. All potable water pipe shall be blue. C. High Density Polyethylene (HDPE) Fittings for Water Main Application: 1. Fittings shall conform to AWWA C906 with a dimension ratio of 11. The fittings joint shall be machined to match the DR value of the adjoining material. D. Polyethylene plastic tubing shall comply with AWWA C901 -88, be approved for potable water service by the National Sanitation Foundation and bear the NSF seal. The product shall be PE 3402, (high molecular weight, high density) rated for a minimum working pressure of 160 psi and the standard dimension ratio shall not exceed 9. Fittings shall be brass, equipped with compression type connection, "Insta- Tite ", as manufactured by Mueller or Ford. E. Hymax Coupling: 1. Coupling is to be used to connect remaining AC water main to newly installed ductile iron pipe water main. The installation requirements must conform to AWWA C -219. F. Miscellaneous Pipe and Fittings: 1. Service Saddles: Service saddles shall be malleable or ductile iron, double strap, Mueller or Ford, for cast iron/ductile iron pipe. For PVC pipe, saddles and straps shall be brass or bronze (double strap), Mueller or Ford, designed for PVC pipe. 02610 -2 WF900161 ' G. Magnetic Tape: All buried pipe shall be overlaid with a blue magnetic caution/locate tape meeting Village standards. Cost of magnetic tape shall be included in the cost per foot of pipe. PART 3 - EXECUTION 3.01 EXCAVATION - The Contractor shall perform all excavation of every description and of whatever substances encountered to the depths indicated on the drawings or as necessary. This shall include all necessary clearing and grubbing of any foreign substance encountered within the structure or trench area. Excavated material suitable for backfill shall be piled in an orderly manner at a sufficient distance from the trench to prevent slides or cave -ins. A. Protection of Existing Facilities and Utilities: All existing improvements such as pavements, conduit, poles, pipes and other drainage structures; shall be carefully supported and fully protected from injury and, in case of damage, they shall be restored by the Contractor without compensation. If the existing storm drainage inlet structures have sustained damage prior to the commencement of construction, the Contractor may be allocated the predetermined funds for inlet structure replacement by the Owner only after recommendation by the Engineer. Existing utilities and other underground obstructions are shown on the plans, but the accuracy of the locations and depths is not guaranteed. The Contractor shall contact the utility prior to construction and arrange for the necessary assistance in locating and protecting the existing utilities. The Contractor shall be responsible for damages to these existing utilities and shall, in case they are damaged, restore them to their original condition. ' B. Trench Excavation: The minimum width of the trench shall be equal to the outside diameter of the pipe at the joint plus 8 inches each side of pipe for unsheeted or sheeted trench, with the maximum width of trench, measured at the top of the pipe, not to exceed the outside pipe diameter, plus 24 inches, unless otherwise shown on the drawings. No more than 100 linear feet of trench shall be open in advance of the completed pipe laying operation without prior approval of the Engineer. Pipe trenches across roadways and driveways shall be backfilled as soon as pipe is installed. Where, in the opinion of the Engineer, adequate detour facilities are not available, no trench shall be left open across a roadway or commercial property driveway where adequate detour routes are not available for a period in excess of 30 minutes, or as directed by the governing authority. No trench shall be left open across any roadway or driveway for more than 24 hours. C. Shoring, Sheeting and Bracing: The Contractor shall do all shoring, sheeting and bracing or provide other approved facilities required to perform and protect the excavation and as necessary for the safety of the public, the employees, and the preservation of existing roads, structures and other utilities. The top of such sheeting left in place shall be cut off at a minimum elevation of 2.5 feet below finished grade. D. Boulder Removal: All rocks, stones, boulders or concrete, having any dimension larger than permitted to be used for backfill in the paragraph entitled 'Backfilling" of these specifications, shall be removed from the site and disposed of by the Contractor. E. Disposal of Excess Materials: The Contractor shall dispose of the excavated materials not required or suitable for backfill. All surplus excavated material which is suitable for fill shall become property of the Contractor, and shall be disposed of by the contractor at his expense. F. Unstable Soil Conditions and Overdepth Excavation: Where unstable soil conditions are encountered, the excavation shall be increased as directed by the Engineer. The bottom of the excavation shall be brought up to the proper excavation elevation utilizing suitable and properly compacted backfill material. 02610 -3 WF900161 3.02 INSTALLATION OF STORM DRAIN: Unless otherwise noted on the drawings or in other sections of this specification, the pipe shall be handled and installed in strict accordance with the manufacturer's instructions and with the applicable AWWA or ASTM Standards. If a conflict exists between the manufacturer's instructions and the AWWA or ASTM Standards, or other requirements set forth in this specification section, the Contractor shall bring the discrepancy to the attention of the Engineer and the Engineer will render a decision as to which standard to use. 1. Reinforced Concrete Pipe — ASTM C76 -05 The Contractor shall use every precaution during construction to protect the pipe against the entry of dirt, wood, small animals and other foreign material that would hinder the operation of the pipeline. Where the groundwater elevation is above the bottom of the trench, the Contractor shall provide a suitable dewatering system. All RCP and related appurtenances shall be placed in a dry area, unless otherwise approved by the Engineer. ' A. Depth of Cover: Unless otherwise shown on the drawings, or otherwise authorized by the Engineer, the pipe shall have a minimum depth of 36 inches. B. Connections to Existing Structures: All pipe sections shall be carefully installed according to Section 425 of FDOT Specifications. The masonry units around the inlet and outlet pipe shall be carefully laid and sealed with mortar to prevent leakage. The outside of the basin wall shall be plastered with a one half inch thick layer of mortar. C. Connections to Installed Pipe: The Contractor must be aware that all necessary precautions to ensure a complete sealed connection to all parts of installed pipe are performed to the satisfaction of the Owner. This shall be performed with concrete pipe joint wrapping as previously specified in Part 2.01 of this Section and as noted on the drawings. D. Testing: 1. Alignment Test: After completion of construction of the storm drainage system, or sections thereof, the Engineer may make tests of the completed work for correct grade and alignment. When completed, the interior surface of the piping shall conform accurately to the grade and alignment fixed by the Engineer. Any pipe that is not in true alignment or which shows any settlement after installation shall be taken up and re- installed at no additional cost to the Owner. 2. Lamp Test: After each section of drainage pipe has been laid, the Contractor shall "lamp" the drainage pipe as follows. A light is to be placed at the manhole of one end and the light should be observed at the other end of the pipe as a full circle of light. If the light observed is not a seen as a circle then the drainage pipes have not been installed uniform and to grade and will not be accepted by the Engineer. 3. Video Inspection: To complete the RCP installation, a video DVD of the interior of the drainage pipe is to be made and submitted to the Engineer according to Section 430 -4.8 of the FDOT Specifications. This video will be one of the final inspections required for successful completion of this drainage installation. 3.03 INSTALLATION OF WATER MAINS: Unless otherwise noted on the drawings or in other sections of this specification, the pipe shall be handled and installed in strict accordance with the manufacturer's instructions and with the applicable AWWA or ASTM Standards. If a conflict exists between the manufacturer's instructions and the AWWA or ASTM Standards, or other requirements set forth in this specification section, the Contractor shall bring the discrepancy to the attention of the Engineer and the Engineer will render a decision as to which standard to use. 02610 -4 WF900161 1. Ductile Iron Pipe - AWWA C -600 2. Polyvinyl Chloride Pipe - ASCE Manual No. 37, ASTM D2321 AWWA C900. 3. High Density Polyethylene Pipe - AWWA C906 The Contractor shall use every precaution during construction to protect the pipe against the entry of nonpotable water, dirt, wood, small animals and any other foreign material that would hinder the operation of the pipeline. Where the groundwater elevation is above the bottom of the trench, the Contractor shall provide suitable dewatering equipment. All PVC, HDPE and DIP piping and fittings shall be placed in a dry trench, unless wet trench installation is approved by the Engineer. A. Depth of Cover: Unless otherwise shown on the drawings, or otherwise authorized by the Engineer, the pipe shall have a minimum depth of 36 inches. B. Thrust Restraints: Concrete thrust blocking is not allowed unless specifically approved by the Engineer. Thrust restraint systems shall be installed as required to properly restrain all piping systems. At a minimum, thrust restraints shall be provided on all below -grade piping and fittings at the point where either a horizontal or vertical change in direction occurs. Thrust restraint systems shall be restrained joint type. The number of restrained joints shall be as recommended by the manufacturer. Joint restraints shall be used at the joints indicated and as far back from these joints into the pipeline as necessary to maintain the system integrity at the specified test pressure. The number of joints to be restrained shall be according to DIPRA calculations and subject to the Engineer's approval. Use of concrete gravity blocks will be allowed. The gravity blocks will be required to be formed prior to pouring with the pipe wrapped with 6 mil of visqueen. C. Pipe Removal: The existing 4 -inch AC water main under Tequesta Drive that will be replaced as part of this project is to be removed according to the procedures of the Palm Beach County Health Department. The AC pipe is to be excavated and carefully removed from the trench to prevent the spread of asbestos. If the asbestos is in the particle form (which occurs during crushing when the pipe becomes a dust), then the pipe is considered a hazardous material and must be properly disposed of as such. Careful consideration must be taken to ensure the AC pipe does not become friable. Once separated from the remaining 10 -inch AC water main, the pipe fragments will be removed from the trench and stored on site until the quantity removed has been verified by the Engineer and/or Owner. Then the pipe will be properly disposed of at an appropriate disposal location. The Contractor is responsible for proper disposal of the removed AC pipe. D. Connections to Existing Mains: A wet tap to the existing 10 -inch AC water main must be performed to connect the newly installed 4 -inch ductile iron pipe to the existing 10 -inch AC water main. This should be done using a pipe saddle and tapping valve. Successful completion of the wet tap will yield a coupon which must be properly removed and verified by the Engineer. Connections shall be made only after arrangements have been completed by the Contractor with the Owner of the system and shall be under the system Owner's immediate supervision. E. Visual test is to be performed upon completion of the newly installed water main to ensure proper connection. Test to be performed in the presence of the Owner or Engineer. F. Flushing of Completed and Existing Pipelines: Following the leakage test, each section of completed water main pipeline shall be as thoroughly flushed as possible. A minimum flow shall be used for flushing that will insure a velocity in the pipe of 2.5 feet per second. The water shall be from a potable water source satisfactory to the Owner. G. Water for Testing, Disinfection and Flushing: Water required for disinfection, testing and flushing shall be furnished by the Owner for the first set of tests. Additional water required to perform extra tests due to test failure shall be at the Contractor's expense. The water shall be from a potable water source. Note that all piping and fittings required to connect and perform the tests shall be at the Contractor's expense. 02610 -5 WF900161 H. Disposal of Water: The Contractor shall submit a plan for approval on the handling of the disposal of the test/flushing water. The Contractor shall ensure that adjacent property will not be flooded. To avoid this, additional temporary piping, fittings and berms may be required which will be at the Contractor's expense. I. Disinfection of Complete Pipeline for Water Distribution Applications: Following cleaning, the Contractor shall disinfect all water distribution mains and service lines as follows. Water shall be fed slowly into the system applying sufficient chlorine to produce a dosage in excess of 50 ppm at the farthest point in the system from the point of application. The chlorine solution then shall be retained in the line for a period of 24 hours. At the end of this time if a minim chlorine residual of 5 ppm is not obtained, the procedure shall be repeated. During the disinfection process, all valves shall be operated. After disinfection, the water shall be flushed from the system at its extremities until excessive chlorine residuals are eliminated. 3.03 BACKFILLING: A. Material: Shall be excavated material, essentially free of organic material, asphaltic concrete, clay, concrete, boulders and other deleterious materials. ' 1. Bedding and Pipe Embedment: The material in the bedding, around the pipe and to a depth of 1 foot over the pipe shall be sand or a mixture of sand, shell or crushed rock properly graded and mixed so that fine grain material from the side walls of the trench or backfill above the embedment will not migrate into the backfill material. The backfill shall meet the following limitations: a. Ductile Iron Pipe - All material shall pass through a 3/4 in. square opening laboratory sieve. b. PVC and HDPE Pipe - All materials shall pass through a %z inch square opening laboratory sieve for reject 2. Above Pipe Embedment: The material shall be sand or a mixture of sandy material and rock, stone and shell. Rock, stone and shell shall pass through a 3 -1/2 inch ring. 3. Additional Fill: If sufficient suitable backfill material is not available from the excavation, additional fill meeting the above requirements shall be provided by the Contractor. 4. Magnetic Tape: A continuous Magnetic tape shall be located a minimum distance of 12 inches above the top of the pipe. B. Placing and Compaction: a. In Areas Not Under Permanent Pavement: Within right -of -ways or other areas where permanent pavement does not exist or is not proposed, including roads, walks and driveways consisting of broken stone, gravel, marl, shell, shellrock or conglomerate, the entire backfill to the subgrade of the pavement or structures shall be made with predominantly sandy material free from rock, stones or organic matter, except that rocks having a maximum dimension of 6 inch will be permitted in the backfill between the elevation 1 foot above the top of the pipe and 1 foot below the surface. Particular care shall be taken to insure that the backfill at the haunch is free from voids and is properly compacted. The bedding and embedment shall be compacted to a density of not less than 100 percent of maximum as determined by AASHTO T -99. The backfill material above 1 foot over the pipe shall be compacted to a density of not less than 90 percent of the maximum density, as determined by 02610 -6 WF900161 AASHTO T -99. Compaction by flooding or puddling will be permitted only by written authorization from the Engineer. b. Miscellaneous: Backfilling around meter boxes, valve boxes and other structures shall be accomplished in the same manner as the connected pipe. Extreme care shall be used in backfilling wellpoint holes to prevent voids and settlement. If necessary, the holes should be plugged with a concrete slurry, such plugging to be at the expense of the Contractor. c. Compaction Tests: The Engineer may at any time instruct the Contractor to partially excavate a previously backfilled trench or temporarily backfilling of a short section of the trench for the purpose of obtaining measurements of the density of the backfill. The testing will be paid for by the Contractor. The cost of the partial excavation and restoration of the backfill will be paid for by the Contractor. Any test failures will be paid by Contractor. Density tests shall be taken along the pipe (maximum distance between tests shall be 100 feet). Compaction tests shall be at springline of the pipe, 12 inches over the pipe and 24 inches over the pipe and grade. 3.04 CULVERT REPLACEMENT: Culverts, catch basins and other drainage structures that are damaged shall be replaced with materials and structures equal and similar to those damaged. Manhole covers and gratings shall be set at the original elevations unless otherwise directed. The Contractor shall take precautions against the entry of excavated and other loose material resulting from his operations from entering catch basins, culverts and other drainage structures in the vicinity of his operations. He shall maintain the cleanliness of these drainage structures in a condition equal to that prior to the commencement of his operations during the construction. The Contractor shall be responsible for all damage to persons, roads, buildings, vehicles and other property resulting from the failure of the Contractor to maintain these drainage structures. 3.05 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: Where pavement, sidewalks, trees, shrubbery, fences or other property and surface structures not designated as pay items, have been damaged, removed or disturbed by the Contractor whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. 3.06 PROTECTION: At the end of each workday, the mains under construction shall be plugged to prevent the entry of small animals or rodents. Temporary plugs shall be provided for this purpose. ' 3.07 CLEANUP: The Contractor shall maintain the site of the Work in a neat condition. The Contractor shall remove all excess materials, excess excavated materials and all debris resulting from his operations within a time frame approved by the Engineer. 02610 -7 WF900161 SECTION 02640 VALVES PART 1 - GENERAL 1.01 DESCRIPTION: The Contractor shall furnish and install all valuing equipment as shown on the drawings and as specified. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The Work under this Contract shall be in strict accordance with the following codes and standards: ' A. Local, county and municipal codes B. American Society for Testing and Materials (ASTM) C. American National Standards Institute (ANSI) D. American Water Works Association Standards (AWWA) E. Florida Department of Transportation Specifications (DOT) F. Federal Specifications G. United States Department of Commerce Commercial Standards (CS) 1.03 MATERIALS AND EQUIPMENT: A. Unless otherwise specified or shown on the drawings, materials and equipment shall be the standard product of a manufacturer and shall comply with the Contract Documents and applicable standards for such materials or equipment. B. Prior to the start of the Work, the Contractor shall submit a list of the manufacturers of all equipment and materials to be incorporated in the work that conform a standard, code or as specified. PART 2 - PRODUCTS 2.01 VALVE OPERATORS: A. General: The rated torque capability of each operator, shall be sufficient to seat, unseat and rigidly hold in any intermediate position the valve disc it controls under the test conditions specified. All valves shall be equipped with adjustable mechanical stop - limiting devices to prevent over - travel of the valve disc in the open and closed positions. Operator housings, supports and connections to the valve shall be designed with a minimum safety factor of five based on the ultimate strength, or based on three on the yield strength of materials used. Operators to be buried shall be watertight. Above grade operators shall be weatherproof. The position of the operator shall be as shown on the shop drawings. The piece mark of the valves, the location, the size, the type of operator, and the maximum working head, shall be tabulated on the shop drawings. All non buried valves shall be equipped with handwheel or lever type operators. The Contractor shall be responsible for dimensionally confirming the required orientation of the valve operators. Any required extensions or fabrications necessary to accommodate the installation of the operators shall be provided and installed. A valve key (one per six valves installed) of suitable length shall be provided for buried operators. B. Gearing: All gear operators or traveling -nut operators shall be self - locking and designed to transmit twice the required operator torque without damage to the faces or the gear teeth or the contact ' 02640 -1 WF900161 faces of the screw or nut. Upon request, the manufacturer, shall furnish the purchaser with certified copies P q � P P of reports describing the procedures and results of the tests for each model and torque rating of operator to be furnished. Operators composed of worm gearing shall be totally enclosed in a gear case and shall have worm gears of bronze and worms of hardened steel that operate in a lubricant. Operators of the traveling -nut type shall have threaded reach rods of steel and shall have a bronze or ductile iron nut with internal threads. Operators shall be enclosed. C. Manual Operators: Manual operator shall have all gearing totally enclosed. Operators shall be designed to produce the specified torque with a maximum input of 150 ft -lb on operating nuts. Stop - limiting devices shall be provided in the operators for the open and closed position. All operator components between the input and these stops shall be designed to withstand, without damage, an input torque of 300 ft -lb for operating nuts. An arrow and the word 'open" or "close" shall be cast on the handwheel to indicate the direction to turn said handwheel. All operating nuts shall be designed so that counter - clockwise movement of the handwheel will open the valve and clockwise movement of the handwheel will close the valve. 2.02 RESILIENT SEATED GATE VALVES (Flange X MJ Tapping Valve): Resilient seated gate valves shall conform to the latest edition of AWWA C509. Valves shall provide bidirectional bubble tight sealing at 150 psi differential. Valves should be flanged by mechanical joint and shall be as manufactured by American Cast Iron Pipe Company, Mueller, or Kennedy. 2.03 VALVE BOXES: Valve boxes shall be cast iron, adjustable, as manufactured by M &H Valve and Fitting Company, James B. Clow and Sons, Inc., or the Mueller Company, with cast iron drop cover. All buried valves shall be equipped with a valve box. Covers shall be marked "Water" for potable systems. 2.04 CORPORATION /CURB STOPS: Corporation stops shall be Mueller, or Ford, threaded on the ' inlet side with Mueller threads and the outlet side fitted with connections to suit connecting pipe or tubing. 2.05 TAPPING SLEEVES: Tapping sleeves shall be 10 -inch by 4 -inch 304SS with 304SS bolts as manufactured by JCM or Rockwell. 2.06 HYMAX COUPLING: One Hymax Coupling will be used in the connection of the installed pipe to the remaining 10 -inch AC water main. The size of this coupling should be 4- inches. Couplings shall be carbon steel, epoxy coated with 304SS bolts and nuts. Gaskets shall be EPDM. ' PART 3 - EXECUTION Refer to Part 3, Section 02610. 02640 -2 WF900161 SECTION 02765 PAVEMENT MARKINGS PART 1 — GENERAL 1.01 DESCRIPTION: Work under this section of the specifications consists of furnishing all materials, labor and equipment, and performing all operations in connection with the application of roadway pavement markings. Included are the preparation of the roadway surface and application of the traffic markings. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The roadway pavement markings application under this contract shall be in strict accordance with all applicable provisions of the following: A. The Florida Department of Transportation "Standard Specifications for Road and Bridge ' Construction" Latest Edition (FDOT) B. Local City Codes 1.03 SUBMITTALS: A. Submit paint tests as indicated in Section 711 and 971 of the FDOT Specifications or as requested by the Engineer. PART 2 — PRODUCTS 2.01 GENERAL: Replace new striping with existing striping markings at the completion of the ' roadway construction. 2.02 THERMOPLASATIC PAVEMENT MARKINGS: Shall conform to the requirements of Section 971 -5 of the FDOT Specifications. The Contractor will be responsible for applying single white stripes on the outside of the roadway and a double yellow line for the center of the roadway. The colors should comply with FDOT Section 971 -1. This type of thermoplastic material is set to bear traffic in not more ' than 2 minutes. 2.03 REFLECTIVE PAINT PAVEMENT MARKINGS: Shall conform to the requirements of Section 971-4 of the FDOT Specifications. This type of reflective paint is set to bear traffic in not more than 2 minutes. 2.04 GLASS SPHERES: Shall conform to the requirements of Section 971 -2 of the FDOT Specifications and is to be used in the application of thermoplastic and reflective paint pavement markings. 02765 -1 WF900161 r r PART 3 — EXECUTION 3.01 PREPARATION: ' A. General: The Contractor shall perform all necessary preparatory work to ensure proper application of the pavement markings. This includes removal of material that would hinder the bond of the pavement marking materials and proper mixing and combining of all marking materials. Do not apply ' markings within 5 days of pavement placement with the exception of Friction Course which is 30 days. All new pavement markings should match previous pavement markings of Tequesta Drive. B. Unsuitable Material: Prior to applying pavement markings, the Contractor shall remove any material that would adversely affect the bonding of the material and the newly installed pavement. The surface which is to be painted shall be cleaned by compressed air or other effective means, immediately before the start of painting and shall be clean and dry when the paint is applied. Any vegetation or loose soil shall be removed from the pavement before striping is begun. C. Material Mixing: The Contractor shall thoroughly mix the materials prior to pouring into the ' striping machine. No thinning of the materials will be allowed at any time. 3.02 APPLICATION OF MATERIALS: A. General: Prior to application of the pavement markings, the Contractor shall establish tack points at appropriate intervals for use in aligning markings. This shall be done in accordance with FDOT ' Specification Article 710 -5. Do not apply when winds are sufficient to cause spray dust. Application of the marking material should only be done during daylight hours and shall be terminated in time to permit sufficient drying at sunset. B. Thermoplastic: The Contractor shall apply the thermoplastic to the pavement by extrusion. The edges of the markings are to be well defined with a thickness of at least 90 mils. Application of reflective glass spheres immediately behind the striping machine in a uniform manner. C. Reflective Paint: The Contractor is to apply the paint by spray. The edges of the markings are to be well defined with a minim wet film thickness of 15 mils. Application of reflective glass spheres are to occur immediately after paint spray in a uniform manner. 3.03 DIMENSION AND ALIGNMENT TOLERANCE: ' A. General: The dimensioning and alignment of pavement markings are to be in accordance with the FDOT Specifications Article 710 -5. ' B. Width: No marking shall be less than the indicated width and shall not exceed that width by more than 1/2 -inch. Corrections of variation in the width shall be returned to the design width at the rate of at least 10 feet for each 1/2 -inch of correction needed. C. Alignment: Where a stripe deviates from the correct alignment as indicated by the string line by more than 1 -inch in any 20 foot length, it shall be obliterated and the stripe corrected. 3.04 PROTECTION: Warning signs shall be set up before the beginning of each operation and are to be placed where operations are in progress. These signs are to be relocated as often as necessary. The 02765 -2 WF900161 r r equipment shall be operated so that traffic shall pass safely. The Contractor shall take necessary precautions for the protection of the wet pavement markings and of the safety of the public. Traffic is not allowed onto newly painted traffic stripes and markings until they are sufficiently dry to prevent damage. 3.05 CORRECTIVE MEASURES: Pavement markings which fail to meet the guidelines, including permissible tolerances and the appearance requirements, are marred or damaged by the traffic or from any other cause shall be corrected by the Contractor at no additional cost to the Owner. Drips, spattered paint, misalignment, defective surfaces and the like shall be removed. Proper removal includes sandblasting or 1 any other type of mechanical device which will effectively remove the paint without damage to the underlying pavement surface. r r 02765 -3 WF900161 SECTION 03000 CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.01 DESCRIPTION: Supply and install all cast -in -place concrete as shown on the drawings and specified. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The installation of cast -in- place concrete shall be in accordance with the following codes and standards: A. The local building code B. Portland Cement Association (PCA) C. American Concrete Institute (ACI) D. Concrete Reinforcing Steel Institute (CRSI) ' E. American Society for Testing and Materials (ASTM) F. Federal Specifications 1.03 TESTS AND INSPECTIONS: A. Testing Agency: A professional, independent testing laboratory, approved by the Engineer, shall perform all testing and inspection procedures specified. B. Payment: The Contractor shall bear all costs of sampling and testing of concrete, as noted. Additional special tests may be ordered by the Engineer if there is a question as to compliance with the Contract Documents. C. Reports: Execute immediately after completion of each procedure or inspection and forward promptly to the Engineer five copies of each report. 1.04 FORMWORK: Shall conform to ACI 347. ' 1.05 SUBMITTALS: A. Mix designs: Submit mix designs prepared in accordance with ACI 318 and ACI 211.1 ' based upon ready -mix producer's statistical data for past mix design test results. All mix designs that are used for any portion of this project are to be approved by the Engineer prior to use. PART 2 - PRODUCTS 2.01 PORTLAND CEMENT: Conform to ASTM C150, Type I. Type III may be used when approved by the Engineer in writing. 2.02 WATER: From domestic sources, free of harmful acids, alkalis, oil, organic or other deleterious materials. 03000 -1 WF900161 2.03 CONCRETE AGGREGATES: Conform to ASTM C33 or ASTM C330 (lightweight aggregates). A. Conform to ASTM C33: Local aggregates not complying with this standard maybe used provided it can be shown by special test or a record of past performance these aggregates produce concrete or adequate strength and durability. B. Fine Aggregate: Clean, washed sand of hard, sound, uncoated grains. r C. Course Aggregates: Clean, washed, sound and crushed. D. Aggregate Size Requirements: Use largest practicable aggregate size for each condition of placement subject to limitations stipulated in paragraph 3.3, ACI Code 318. 2.04 CONCRETE ADMIXTURES: Only admixtures specified and acceptable to the Engineer prior to use shall be included in mix designs. A. Water Reducing Agent: A water reducing agent conforming to ASTM C494 shall be used. ' The following are acceptable: 1. Pozzohth - Master Builders Company 1 2. Plastocrete - Sika Chemical Company 3. WRDA - Grace Construction Materials B. Air Entrainment: All concrete shall entrain from two to four percent air, whether batched with or without other admixtures. One of the following, conforming to ASTM C260, may be used: 1. MB -VR - Master Builders Company 2. Sika -AER - Sika Chemical Company 3. Darex AER - Grace Construction Materials 2.05 CURING MATERIALS: A. Chemical Curing: Liquid compound, membrane forming, shall conform to ASTM C309, as approved by the Engineer. The liquid compound shall not reduce the adhesion of title, paint, roofing, waterproofing or other material to be applied to the concrete. No liquid compound shall be allowed to cure a first pour of concrete which will receive a second pour. B. Impervious Membrane Sheeting: Kraft paper of 4 mil polyethylene sheeting, in accordance with ASTM C 171 may be used with approval of the Engineer. 2.06 CONCRETE MIX DESIGNS AND PROPORTIONS: ' A. Mix Design: Prepared according to ACI 211 and ACI 318, and submitted to the Engineer for review prior to batching any concrete, and based on previously tested and qualified component materials. Provide mix designs for all of the mixes. Pump mixes, when used, shall be approved in writing by the Engineer prior to use on the job. B. Admixtures: Enter specific brands into mix designs where they are required or used. All admixtures must be approved in writing by the Engineer prior to use. 03000 -2 WF900161 i i C. Mix: Concrete shall be composed of Portland Cement, course aggregate, fine aggregate, admixtures, and water. Location or use of any of the following mixes will be shown on the drawings, or as stated herein. D. Specified Compressive Strength: 1. Provide concrete of the compressive strengths as shown. i 2. Mix designs for the compressive strength specified shall have the following minimum properties. Specified 28 -day Compressive Water - Cement Cement Content Strength fc Ratio by Weight (psi) (lb /lb) (lbs /Cubic Yard) 3000 0.5 470 ' E. Slum Limits: Concrete when laced at the forms, shall have a slum within the following P � p P limits as measured in accordance with ASTM C 143. Every truck load of concrete shall be slump tested. 1. Minimum slump of 1 inch. 2. Tolerance of plus -or -minus 1 inch. 3. Mass concrete: 2 inches. 4. Reinforced concrete: 3 inches. 2.07 CEMENT GROUT AND DRYPACK: A. Cement Grout: Mix 1 volume Portland cement, 2 -1/2 volumes fine aggregate and sufficient water for the mixture to flow under its own weight. B. Drypack: Mix 1 volume Portland cement, 2 volumes fine aggregate and enough water to hydrate cement (a stiff mix). Do not mix more than can be used in 30 minutes. 2.09 MINOR CONCRETE FILLS: Provide 3000 psi concrete, as indicated on the drawing. PART 3 - EXECUTION 3.01 BATCHING, MIXING AND PLACING CONCRETE: A. Use Ready -Mixed Concrete: Conform to ASTM C94. Plant and truck mixers subject to examination by Engineer. B. Water and Mixing: Mix concrete at least 10 minutes, 5 minutes of which is at the job, after ' last addition of water. Retempering in truck is prohibited. Any concrete in truck longer than 1 -1/2 hours after the water has been added, or any that has become harsh or nonplastic, shall be rejected. C. Load Tickets: Shall include all information required by ASTM C94 and be legible, showing quantities of all constituents in the batch, and bearing signature of plant inspector or bonded weighmaster. Maintain all tickets on file for inspection by the Engineer. ' 03000 -3 WF900161 D. Slumps: At point of delivery to forms, the slumps shall conform to those specified in this section of the specifications. ' E. Placing: The concrete shall be placed by suitable equipment as nearly as possible in its final location and without any segregation of the aggregate. Any free vertical drop shall not exceed 4 -1/2 feet. Prior to placing concrete, the forms shall be clean and free of debris with all surfaces wetted lightly. Slabs shall be cast in a "checkerboard" pattern allowing two days between adjacent casts. Before depositing new concrete on or against concrete which has set, the existing surfaces shall be cleaned at all laitance, foreign matter and loose particles and slushed with a neat cement grout. No concrete shall be placed without prior approval of the forms and reinforcing by the Engineer. F. Vibration: All concrete shall be placed with the aid of mechanical vibrating equipment supplemented by hand forking or spading. Vibration shall be transmitted directly to the concrete and not through the forms. 3.02 FINISHES: ' A. Rock Pockets, Honeycomb and Sand Streaks: Cut out at least 1 in. deep with sides perpendicular to surface, flush out, coat with neat cement paste, fill with drypack in at least two layers to overfull, cure and then hone to final correct surface, line or comer. ' B. Driveways and sidewalk fmishes shall match adjacent fmishes. 3.04 CLEANUP: In accordance with General Conditions. 03000 -4 WF900161 RECEIPT Village of Tequesta Tequesta Drive Drainage Improvements ARCADIS Project No. WF900161 ' BID DOCUMENT /PLAN SET $75.00 Company Name: ' Telephone No. Number of Sets: ' Method of Payment: Received by: ARCADIS — WATER RESOURCES I Accounting Copy: File APPENDIX A ' Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 1 1 1 1 t 1 1 r Village of Tequesta Tequesta Drive Drainage Improvements Addendum No. 1 This document forms a part of the contract documents and modifies the original plans and specifications dated January, 2012 as noted below. Acknowledge receipt of this ' addendum in the space provided on the bid form. Failure to do so may subject the bidder to disqualification. ' This addendum consists of 2 pages and 5 numbered items with clarifications. ' 1. Delete INSTRUCTIONS TO BIDDERS 1.02 DELIVERY OF PROPOSALS in its entirety and insert the following. 1.02 DELIVERY OF PROPOSALS: All proposals, whether mailed or ' delivered in person, shall be submitted in sealed envelopes bearing on the outside the words "BID ENCLOSED" and, the name of the bidder and his address clearly marked: ' PROPOSAL FOR VILLAGE OF TEQUESTA Tequesta Drive Drainage Improvements ' and addressed to: Village of Tequesta Village Hall 345 Tequesta Drive Tequesta, Florida 33469 -0273 I Bids shall be received at or before 2:OOpm on February 14, 2012. 2. Delete page 1 (P -1) of the PROPOSAL in its entirety and replace with the ' attached page. 3. Delete page 3 (P -3) of the PROPOSAL in its entirety and replace with the attached page. 4. Delete Section 01150 MEASUREMENT AND PAYMENT and replace with attached 01150. 5. Add the following to Section 02150 EROSION & SEDIMENT CONTROL, 1.01 DESCRIPTION. r This drainage system is a direct outfall to the Loxahatchee River. The outfall is located at the northeast corner of the Tequesta Drive ' Bridge. All appropriate systems should be taken to prevent the addition of turbidity and pollution to the River given its environmental sensitivity. Below are clarifications made to remarks from the Pre -Bid Meeting and are not addendums to the documents. ' 1. The pipe that is to be replaced by the Contractor is ROUND RCP not elliptical. 2. No separate payment will be received by the Contractor for the preparation of 1 record drawings. Record drawings are to be prepared in accordance with Section 01720 RECORD DRAWINGS. PROPOSAL ' TO: VILLAGE OF TEQUESTA P.O. BOX 3273 357 TEQUESTA DRIVE TEQUESTA, FLORIDA 33469 FROM: (Hereinafter referred to as Bidder) Gentlemen: The undersigned, as Bidder, proposes to furnish all labor, materials, equipment, services, and incidentals necessary to perform all work in accordance with the Contract Documents entitled: Village of Tequesta, Tequesta Drive Drainage Improvements. Bidder now submits the following and hereby agrees: 1. The only person(s) interested in this bid, or Agreement, as principal are named herein; that the bid is made without connection with any other person, company, or parties making a bid; and that it is in all ' respects fair and in good faith without collusion or fraud, or other illegal practices. 2. To hold Bid open until an Agreement has been executed between the Village and the accepted Bidder, or until ninety (90) calendar days after the bid opening date, whichever is shorter. ' 3. To enter into and execute an Agreement on the basis of this Proposal, within twenty (20) calendar days after the Notice of Award of the Contract is issued. To furnish the 100% Performance Bond and 100% Payment Bond in accordance with the Contract Documents. Failure to execute the Contract and famish said Bonds within twenty (20) days shall cause bid security to be forfeited, not as penalty, but as fixed and liquidated damages for costs and expenses incurred, payable into the funds of the Village. ' 4. To start work within ten (10) calendar days of the Date of Commencement as established in the Notice to Proceed. Work shall be completed within the number of calendar days specified in Article 3 of the Construction Agreement. 5. In the event of multiplication, addition, or clerical errors on the Proposal Forms, the Village may correct these errors to clarify the Bids. The information which results in the lowest cost utilized to the Village will be considered correct. ' 6. The Bidder acknowledges the receipt of Addenda issued for this project. P -1 WF900161 Estimated Estimated Description arlf Unit Price AMowl 6. Concrete Sidewalk (4'} thick) 680 SY $ $ 3. RCP Drainage Pipe a. 48" Pipe 1000 LF $ $ 8. Connect to Existing a. -Structure (48") 10 EA $ $ b. 15" Pipe 3 EA $ $ C. 12" Pipe 1 EA $ $ 9. Dewatering 1 LS $ $ SUBTOTAL C, ROAD/DRAINAGE CONSTRUCTION $ D. Water Main Replacement 1. 4" DIP 100 LF $ $ 2. D.I. Fittings 25 LBS $ $ 3. 'Water Services a. 10" x4'' Saddle 1 EA $ $ 4. Service Connection 1 LS $ $ ' SUBTOTAL D, WATERMAIN REPLACEMENT $ TOTAL OF SUBTOTALS A, B, C, AND D $ P -3 WF900161 SECTION 01150 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 GENERAL: Measurement and payment will be based upon Work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, backfilling, leakage tests, filling/flushing of pipeline, surveying, permits, dewatering, density tests or other incidental items of Work not shown in the Agreement or listed in the proposal. 1.02 EQUIPMENT AND MATERIALS IN STORAGE: Partial payment for materials and equipment in proper storage at the approved storage site of the Work will be made for those items for which the Contractor has submitted the following: ' A. Invoice for each item in storage. The invoice shall not exceed the value of the item stored as determined by the amount paid to the manufacturer. B. List of items in storage. C. With the following pay estimate, Release of Liens for 90% of each item listed as stored materials for the previous pay estimate. Any item for which a 90% Release of Lien is not supplied shall be considered as having been removed from the site. Payment for any offsite storage of material will not be made unless an approved site for offsite storage is granted by the Village and Engineer. Any payment for stored material shall not include labor or profit by the Contractor or any subcontractor. The Contractor is specifically advised that this procedure may require full payment for some stored materials or shop work significantly ahead of the time when payment is issued by the Owner. 1.03 MEASUREMENT I. General Items A. Mobilization / Demobilization: Measurement shall be based upon the complete mobilization onto the project site with payment of this item up to 60% - the remaining 40% payment will be released at Substantial Completion. ' B. Clearing / Grubbing: Measurement shall be based upon a percent complete for Lump Sum item relative to clearing / grubbing. This item shall include but not be limited to asphalt and concrete removal, irrigation line removal and preconstruction video. ' C. Maintenance of Traffic (MOT): The sum provided is not the actual calculated cost of this MOT plan but rather an insurance that the MOT will be carried out according to the guidelines of these specifications and to the satisfaction of the Engineer. The actual costs of MOT may be more or less but the given value is all that will be allocated on this project. D. Sod ( Floratam): Measurement shall be made on a square yardage basis for the installation of Floratam sod within the proposed planting area. II. Demolition A. RCP Drainage Pipe Removal: Measurement shall be made on the lineal foot of drainage pipe removed. This is to be completed without damaging existing drainage inlet structures. 01150 -1 WF900161 B. AC Water Main Removal: Measurement shall be made on the lineal foot of water main removed. The existing water main is made of asbestos concrete and additional costs for the proper disposal of this hazardous material shall also be included in this measurement. III. Road/Drainage Construction A. 12" Compacted Subgrade: Measurement shall be based upon the mean length multiplied by the mean width of compaction subgrade installed. The unit cost shall include but not be limited to; compaction, density tests and cutting or placement of subgrade material as needed. B. 12" Base: Measurement shall be based upon the mean length multiplied by the mean width of base material installed. The unit cost shall include but not be limited to compaction, density tests and cutting or placement of subgrade material as needed. C. Type SP -9.5 Asphalt: Measurement shall be based upon the mean width multiplied by the mean length of each type of asphalt placed according to the project drawings. Price should also include costs incurred for proper pavement striping and marking of the new pavement according to FDOT ' Standard Specifications. D. Type SP -12.5 Asphalt: Measurement shall be based upon the mean width multiplied by the mean length of each type of asphalt placed according to the project drawings. Price should also include costs incurred for proper pavement striping and marking of the new pavement according to FDOT Standard Specifications. E. Open Cut Repair for Driveway: Measurement shall be made along the mean length of ' driveway multiplied by the mean width. This price should also include the furnishing of all labor and materials required. F. Concrete Sidewalk (4" thick): This measurement will be computed in square yards based on the mean length of sidewalk replaced multiplied by the mean width of sidewalk. This price will include the sidewalk that is removed in addition to the new sidewalk that is to be installed. The cost of all labor and materials required should also be included in this price. r G. Pipe, Reinforced Concrete Storm Drain: The unit cost shall include pipe, all connections, external joint wraps, excavation, placement, backfill, compaction, density tests, finish grading, temporary fencing, street lights, proper removal and replacement of existing roadway signage, and the labor required for the work to be performed unless otherwise noted. Pipe will be measured along the centerline of the pipe installed. Where the measurement terminates at a structure, the wall of the structure shall be the point of termination. ' In addition, this price shall also include all additional expenses incurred for maintaining all the trees in the project area. Suggested methods of maintaining can include but are not limited to supporting trees through bracing or tying these trees down while trench work is being completed. ' H. Connect to Existing Drainage: Measurement shall be taken for connecting the newly installed 48 -inch reinforced concrete storm drainage pipe to the existing storm lines and inlet structures. If the structures are damaged in this process, the Contractor must provide new replacement structures at no additional cost to the Owner. All costs for additional materials and labor needed for completion of this work shall also be included in this price. 1. Connect 48" Pipe to Structure: Measurement shall be based on all materials and labor required for completion. 2. Connect to 15" Pipe Measurement shall be based on all materials and labor required for reconnection of pipe in the event a structure must be reset or replaced. i 01150 -2 WF900161 3. Connect to 12" Pipe: Measurement shall be based on all materials and labor required for reconnection of pipe in the event a structure must be reset or replaced. I. Dewatering: Measurement shall be on a lump sum basis for the complete installation, work and removal of a suitable dewatering system as specified in Section 02401 of this document. IV. Water Main. Replacement A. Pipe, Water Main: Pipe will be measured along the centerline of the pipe installed. No deduction will be made for the length of valves and fittings installed in the line. Where the measurement terminates at a valve, bend, tee or other fitting, the centerline of the valve or fitting shall be the point of termination. This unit price shall also include the furnishing of all labor and materials required including irrigation replacement and connections and magnetic marker tape for this 4 -inch DI water main. B. DI Fittings: Measurement of DI fittings shall be on the basis of weight of one 4 -inch fitting and one gland pack. The weights used to determine the quantity installed shall be the weights of the appropriate fittings as listed in the supplier's invoice or catalog. Fittings installed by the Contractor to suit his schedule, realignment of the main or availability of materials shall not be paid for unless approved by the Engineer in writing. The Engineer has specified a Flanged Resilient Seated Gate Valve to be used in this application. C. Water Services: Measurement shall be based upon connecting the existing pipe to the water meters along Short Avenue and all additional materials and labor required for completion. D. Tie into Existing Water Connections: This item includes various work items which will be ' paid for at the Lump Sum Cost. The work to be completed includes notification and shut down of the existing main; cutting and proper removal of a segment of the AC pipe; providing for and installing all necessary fittings and hardware to connect new main to existing AC pipe (including Hymax Couplings); and all flushing, visual inspections and performance tests, including pipe disinfection required prior to installation and prior to the completion of the project. 1. 10 "x4" Tapping Saddle: Measurement shall be based on purchase of one tapping saddle ' of these dimensions and all additional materials and labor required for completion. 1.04 PAYMENT: Payment will be made at the respective contract unit and/or Lump Sum price for each item shown in the Agreement, stored and/or installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto. The following schedule shall be adhered to: A. End of the Month - Cut off date /confirm quantities with inspector. ' B. 5th of the Month - Pay estimate to the Engineer C. 10th of the Month - Pay estimate to Owner D. 10th of the following Month - Payment by Owner No separate payment shall be made for the following: 1. Backfill material 2. Dewatering 1 Pipe marker tape /electronic marker 4. Irrigation System repair /replacement 5. Preparation of record drawings 6. Restoration of surfaces, structures, curbing and property that have been damaged by the 01150 -3 WF900161 3. Pipe marker tape /electronic marker 4. Irrigation System repair /replacement ' 5. Preparation of record drawings 6. Restoration of surfaces, structures, curbing and property that have been damaged by the Contractor. 7. Removal of excess excavated material from the project area. 8. Mechanical Joint Restraint Systems (to be included in Unit Cost of fittings). 9. Crushed Rock in pipe installations 10. Grading of project areas to existing conditions within project areas. 11. Storm sewer and drainage structure repair /replacement. 12. Gate/Fencing Removal and Replacement 13. Video Tape of Project Areas 14. Portions of Landscape (Hedges /Trees) Removal and Replacement 15. Mailbox repair /replacement 16. Connections to existing meters 17. Temporary Pumpage (stormwatef) 1.05 LUMP SUM ITEMS: The Contractor shall be responsible for submitting a schedule of values for the lump sum items defined within this contract prior to the submittal of the first pay request. 1.06 PAY ESTIMATE FORMS: The Engineer will supply a pay estimate form for the Contractor to use for submittal. The Contractor shall make copies to be used for submittal of the following pay estimates. Failure of the Contractor to sign the pay estimate or attach appropriate documentation shall be grounds for returning the pay estimate with no action by the Owner or Engineer. 1.07 PROJECT SCHEDULE: An updated project schedule shall be submitted with each pay request. Pay requests submitted without the schedule will be returned with no action. r 01150 -4 WF900161 Village of Tequesta Tequesta Drive Drainage Improvements Addendum No. 2 This document forms a part of the contract documents and modifies the original plans and specifications dated January, 2012 as noted below. Acknowledge receipt of this addendum in the space provided on the bid form. Failure to do so may subject the bidder to disqualification. This addendum consists of 1 page and 2 numbered items. 1. Delete the first sentence of Section 02490 LANDSCAPING 3.01 and insert the following as the first sentence of 3.01. All trees and /or shrubbery (landscaping) damaged or removed to make a clear work area are to be replaced in kind at the expense of the Contractor. 2. Delete GENERAL NOTES 25 on Plan Sheet 3 of 7 in its entirety and insert the following. 25. Work is to be performed around the existing trees, including the ' Royal and Queen Palm Trees and various Oak Trees. All efforts are to be taken to preserve the limbs of all trees currently in place which includes but is not limited to utilizing braces, supports or by tying the trees down. Any trees which are damaged or removed to make a clear work area are to be replaced in kind at the expense of the Contractor. r Village of Tequesta Tequesta Drive Drainage Improvements Addendum No-3 This document forms a part of the contract documents and modifies the original plans and specifications dated January, 2012 as noted below. Acknowledge receipt of this addendum in the space provided on the bid form. Failure to do so may subject the bidder to disqualification. This addendum consists of 2 pages and 7 numbered items. 1. Insert the following as PROPOSAL, B. 3. "Milling" N Estimated Estimated Description Quantity Unit Price Amount 3. Milling 1 LS $ $ 2. Insert the following as Section 01150 MEASUREMENT AND PAYMENT, 1.03 ll. C. "Milling." C. Milling: Measurement shall be based upon all labor and materials required to properly mill required portions of roadway. 3. Delete Section 01150 MEASUREMENT AND PAYMENT, 1.03 III. A "12" Compacted Subgrade" and insert the following as 1.03, III. A. A. 12" Stabilized Subgrade: Measurement shall be based upon the mean length multiplied by the mean width of subgrade installed. The unit cost shall include but not be limited to labor and materials required. 4. Insert the following as the last sentence of Section 01150 MEASUREMENT AND PAYMENT, 1.03 Ill. G. All bracing and methods to secure trees during the construction process shall be reviewed by the Engineer. 5. Insert the following as the second sentence of Section 02490 LANDSCAPING, 3.01. The term "in kind" is to mean the same size and species of tree that was damaged, destroyed or removed to ensure the same quantity and quality of trees will stand at the completion of the project as was present at its start. r r 6. Insert the following as the last sentence of Section 02490 LANDSCAPING, 3.01. All bracing and methods to secure trees during the construction r process shall be reviewed by the Engineer. 7. Insert the following as the last sentence of GENERAL NOTES 25 on Plan Sheet 3of7. The term "in kind" is to mean the same size and species of tree that was damaged, destroyed or removed to ensure the same quantity and quality of trees will stand at the completion of the project as was present at its start. r r 1 r r r r r r r r r r Village of Tequesta Tequesta Drive Drainage Improvements Addendum No. 4 This document forms a part of the contract documents and modifies the original plans and specifications dated January, 2012 as noted below. Acknowledge receipt of this addendum in the space provided on the bid form. Failure to do so may subject the bidder to disqualification. This addendum consists of 1 page and 1 numbered item. 1. Delete page 2 (P -2) of the PROPOSAL in its entirety and replace with the attached page. r VILLAGE OF TEQUESTA TEQUESTA DRIVE DRAINAGE IMPROVEM ENT UNIT PRICE BID SCHEDULE i Fstimate d Estimated Unit Prime unt A- General Items 1. Mobilization Demobilization. 1 LS $ $ 2. Clearing / Grubbing 1 LS $ 1 3. Maintenance of Traffic 1 LS $ 10.000 $ 10.000 4. Sod (Floratam) 2500 SY $ $ SUBTOTAL A, GENERAL ITEMS B. Demolition 1. RCP Drainage Pipe Removal 1000 LF $ $ 2. 4 AC Water Main Pipe Removal 100 LF $ $ 3. Milling 1 LS $ $ SUBTOTAL B, DEMOLITION C. RoadMrainage Construction 1. 12 Stabilized Subgrade 1500 SY $ $ 2. 12- Limerock l Coquina I Crushed Concrete Base 13,00 SY $ $ (including prime coat) 3. 1 -1W Type SF -9;5 Asphalt 3700 SY $ 4. 1 -1/2" Type SP -12.5 Asphalt 1500 SY $ $- 5, Open Cut Repair for Driveway 700 SY $ $ 1 P -2 WF900161 APPENDIX B Insurance Certificate j 1 1 1 1 FELAS-4 OP ID: EY CERTIFICATE OF LIABILITY INSURANCE 1 DAT/YYYY) - 0 0 4/17 4 /17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the term and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 914 -253 -84 N rEaCr 00 Brown & Brown of New York, Inc 914253$650 PHONE F 2500 Westchester Avenue A/C No Purchase, NY 10577 Ao�oRLESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Starr Indernnity & liability 38318 INSURED Felix Associates of Florida INSURER B : Harleysville Mubial Ins. Co. Inc Chubb Indernnity Ins. Co. 8526 SW Kansas Avenue INSURER C: 1 Stuart, FL 34997 INSURER D: AGCS Marine Insurance Co 22837 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. ' I LTR TYPE OF INSURANCE POLICY NUMBER M EFF MMID ExP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY SISINR000016211 12/31111 12131/12 PREMISES Ea ooairrence $ 100,00 CLAIMS -MADE ❑X OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 X Poll $1M12M GENERALAGGREGATE $ 2,000,00 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY X j A LOC $ AUTOMOBILE LIABILITY Ea accident S INGLE LIMIT $ 1,000,00 B X ANY AuT BA0000W2M7M 12131/11 12/31/12 BODILY INJURY (Per person) $ A ED SCHEDULED BODILY INJURY (Per accident) $ I AUTOS ED GE HIRED AUTOS AUTOS Per accident $ $ UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,00 A X EXCESS LIAB CLAIMS -MADE SISIXNRO1079411 12131/11 12131 /12 AGGREGATE $ 10,000,00 DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH AND EMPLOYERS' LIABILITY T RY LIMITS ER C ANY PROPRIETORIPARTNER /EXECUTNE /N 0044727234 12/31/11 12131/12 E.LEACHACCIDENT $ 1,000,0 OFFICERINEMBER EXCLU � DED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,0 Iyes describe under DESG�RIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00 D Equipment Floes ND093038737 12/31/11 12/31112 Leas/Rent 1,500, DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Tequesta Drive Drainage Improvement Project Pro /ect No. WF900161.0000 Village of Tequesta and Arcadis -US, Inc are included as additional insureds if required by written contract. em CERTIFICATE HOLDER CANCELLATION VILTE -1 SHO ULD ANY OF THE ABOV DE SCRIBED POLICIES BE CANCELLED BEFORE THE TION DATE THE, Village of Tequesta CO DAN WITH THE POLICYEPROVISIONSE WILL BE DELIVERED IN C A 345 Tequesta Drive Tequesta, FL 33469 AUTHOPJ=REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD