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Governors Park WTP Supply Well Drilling Bid 21 22 A26_08-08-22
BIDDING, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR nor+ nAnl/ IA/rIf AI I nnll I IwIP• VVVLIYVIX J FItIXF% VV I vvrrLI VVLLL ✓IXILLIIY% CLAY COUNTY UTILITY AUTHORITY CONSERVATION - COMMITMENT - COMMUNITY CCUA PROJECT NO. 1127-003 CCUA BID NO. 21/22/A26 • zi 2-5 Gl� 27999 ,��Tl'AUTHOR` Prepared for: Clay County Utility Authority 3176 Old Jennings Road Middleburg, Florida 32068 (904) 272-5999 Prepared by: Dewberry Engineers, Inc. 800 North Magnolia Ave., Suite 1000 Orlando, Florida 32803 (863) 345-0838 CA # 8794 August 2022 THIS PAGE INTENTIONALLY BLANK TABLE OF CONTENTS CLAY COUNTY UTILITY AUTHORITY GOVERNOR'S PARK WTP SUPPLY WELL DRILLING CCUA PROJECT NO. 1127-003 CCUA BID NO. 21/22/A26 DIVISION 0 BIDDING AND CONSTRACFT REQUIREMENTS 000200 REQUEST FOR BIDS 002000 INSTRUCTIONS FOR BIDDERS 003000 BID FORM 004000 BID BOND 004200 PUBLIC ENTITY CRIMES FORM 004250 W-9 FEDERAL ID NUMBER FORM 004300 TRENCH SAFETY AFFIDAVIT 004400 BONDING CAPACITY CERTIFICATION LETTER 005000 STANDARD FORM OF AGREEMENT 006000 PUBLIC CONSTRUCTION PERFORMANCE AND PAYMENT BOND 006400 APPLICATION AND CERTIFICATION FOR PAYMENT 006500 REQUEST FOR INFORMATION FORM 006600 CHANGE ORDER REQUEST FORM 007000 GENERAL CONDITIONS 008000 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS 009000 ADDENDA AND MODIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01001 GENERAL REQUIREMENT 01010 SUMMARY OF WORK 01092 ABBREVIATIONS 010270 APPLICATIONS FOR PAYMENT 010600 REGULATORY REQUIREMENTS 01300 SUBMITTALS TABLE OF CONTENTS CLAY COUNTY UTILITY AUTHORITY GOVERNOR'S PARK WTP SUPPLY WELL DRILLING CCUA PROJECT NO. 1127-003 CCUA BID NO. 21/22/A26 013010 ADMINISTRATIVE REQUIRMENTS 013200 CONSTRUCTION VIDEO AND PHOTOGRAPHS 013700 SCHEDULE OF VALUES 014000 QUALITY CONTROL 015000 CONSTRUCTION FACILITIES 01505 MOBILIZATION/DEMOBILIZATION/SITE WORK 016000 MATERIAL AND EQUIPMENT 017010 PROJECT CLOSEOUT 017200 RECORD DOCUMENTS 017400 WARRANTIES AND BONDS DIVISION 2 SITE WORK 02311 WATER QUALITY TESTING AND SAMPLING 02673 DRILLING 02674 CASING 026770 GROUT SEAL 02678 WELL DEVELOPMENT 02679 GEOPHYSICAL LOGGING 02681 PUMPING TESTS 02686 STANDBY TIME 02689 TEMPORARY WELLHEAD CAPPING AND VALVES DIVISIONS 3 THROUGH 16 NOT USED DRAWINGS 1 LOCATION PLAN 2 SITE PLAN ii TABLE OF CONTENTS CLAY COUNTY UTILITY AUTHORITY GOVERNOR'S PARK WTP SUPPLY WELL DRILLING CCUA PROJECT NO. 1127-003 CCUA BID NO. 21/22/A26 3 WELL COMPLETION DIAGRAM 4 TEMPORARY WELLHEAD COMPLETION DETAILS iii TABLE OF CONTENTS CLAY COUNTY UTILITY AUTHORITY GOVERNOR'S PARK WTP SUPPLY WELL DRILLING CCUA PROJECT NO. 1127-003 CCUA BID NO. 21/22/A26 THIS PAGE INTENTIONALLY BLANK iv SECTION 00020 REQUEST FOR BIDS 1.01 INTRODUCTION NOTICE IS HEREBY GIVEN that the Clay County Utility Authority(AUTHORITY/CCUA/Owner), Clay County, Florida, will be accepting sealed Bids from Contractors which will be received until 2:00 pm, Tuesday, December 6, 2022 (local time), electronically on Clay County Utility Authority Bonfire Procurement Platform https://clayutility.bonfirehub.com for the following: Governor's Park WTP Supply Well Drilling Clay County Utility Authority Project No. 1127-003, Bid No. 21/22-A26 The Selected Contractor shall furnish,unless otherwise noted,all necessary permits, labor, equipment, and materials to complete the following at the Governor's Park WTP site, located west of S. Oakridge Ave. and south of Boulevards Road in Green Cove Springs, Clay County, Florida: Construct two 20-inch diameter supply wells, Well No. 1 and Well No. 2 Total Depth [TD] up to approximately 1,200 feet. The wells shall be completed with a final carbon steel casing set to approximately 400 feet and cemented to surface. All materials, methods of construction, and standards must be in accordance with the AUTHORITY's approved material manual, specs, and details. The AUTHORITY will evaluate the bids and the award will be made to the lowest responsive,responsible bidder selected by the AUTHORITY. 1.02 BONFIRE PROCUREMENT PLATFORM A. Registration In order submit a bid, Contractors must register on the Bonfire Procurement Platform https://clayutility.bonfirehub.com. B. Intent to Bid A Contractor intending to submit a bid, must submit their Intent to Bid by Thursday,November 30, 2022, 5:00 p.m. (local time) on the Bonfire Procurement Platform. 1.03 NON-MANDATORY PRE-BID MEETING A non-mandatory pre-Bid meeting is scheduled for Thursday, June 23, 2022, at 10:00 am (local 00020-1 CCUA Project No. 1127-003 Request for Bids Governor's Park WTP August 2022 Supply Well Drilling time). Representatives of the AUTHORITY and Engineer will be present to discuss the Project. Pre-Bid Meeting Log-In Information: Governor's Park WTP Supply Well Drilling Project No. 1127-003, Bid No. 21/22/A26 Pre-Bid Meeting: Thursday, June 23, 2022, 10:OOPM-11:OOAM(EDT) Please join the meeting from your computer, tablet, or smartphone. https://meet.goto.com/977151013 United States: +1 (646) 749-3122 - One-touch: tel:+16467493122„977151013# Access Code: 977-151-013 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 977 151 013 Or dial directly: 977151013@67.217.95.2 or 67.217.95.2##977151013 Get the app now and be ready when your first meeting starts: https://meet.goto.com/install 1.04 QUESTIONS All questions or concerns regarding this solicitation must be submitted on the CCUA Bonfire Procurement Portal https://clayutility.bonfirehub.com no later than Wednesday,June 29,2022,at 5:00 pm (local time). The response to questions will be uploaded to the Portal and issued as an Addendum no later than Thursday,July 7, 2022, at 5:00 pm(local time). 1.05 BID SUBMITTALS A. BONFIRE SUBMITTAL Submissions must be posted to https://clayutility.bonfirehub.com no later than 2:00 pm (local time) on Tuesday, July 19, 2022. Contractors are advised that if they have successfully placed a bid, they will receive a confirmation number. Contractors may begin to complete and upload documentation any time before 2:00 pm (local time) Tuesday, July 19, 2022. B. BID SECURITY Bids require a five percent(5%)Bid Security in the form of a certified check or bank money order or a Bid bond and may not be withdrawn after the scheduled opening time for a period of sixty(60) days. Contractors must deliver their bid security marked as follows: 00020-2 CCUA Project No. 1127-003 Request for Bids Governor's Park WTP August 2022 Supply Well Drilling BID ENCLOSED—CCUA Bid No. No. 21/22/A26 CCUA Procurement Manager 3176 Old Jennings Road Middleburg, Florida 32068-3907 no later than 2:00 pm (local time) on July 19, 2022, to the above address. 1.06 RESPONSIBILITIES BID Documents, drawings, and any ADDENDA may be obtained electronically from https://clayutility.bonfirehub.com. All bidders shall be responsible for obtaining all documents and ADDENDA issued prior to the Bid. The AUTHORITY shall not be responsible for full or partial sets of documents including Addenda, if any, obtained from sources other than the issuing office. Bids will be opened as soon after the submittal deadline as possible in the presence of the Procurement Manager of the AUTHORITY and all other interested persons at 2:00pm(local time) on Tuesday, July 19, 2022, at the Virtual Bid Opening. The opened Bids will be read aloud, examined for conformance to the specifications, tabulated, and preserved in the custody of the AUTHORITY'S Procurement Manager. Bid Opening Log-In Information: Governor's Park WTP Supply Well Drilling Project No. 1127-003, Bid No. 21/22/A26 Bid Opening: Tuesday, July 19, 2022, 2:OOPM-3:OOPM (EDT) Please join the meeting from your computer, tablet, or smartphone. https://meet.goto.com/354049293 You can also dial in using your phone. United States: +1 (312) 757-3121 Access Code: 354-049-293 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 354 049 293 Or dial directly: 354049293@67.217.95.2 or 67.217.95.2##354049293 Get the app now and be ready when your first meeting starts: https://meet.goto.com/install The AUTHORITY reserves the right to waive formalities in any Bid, to reject any or all bids with or without cause, and/or to accept the Bid or any portion thereof that, in its judgement, will be in the best 00020-3 CCUA Project No. 1127-003 Request for Bids Governor's Park WTP August 2022 Supply Well Drilling interest of the AUTHORITY. 1.07 MINORITY BUSINESS Certified minority business enterprises or minority persons as defined by Florida Statutes 288.703 are encouraged to timely submit their bid for this project consistent with the terms of this Notice. Due consideration also will be given to bidders, other than certified minority business enterprises or minority persons, whose bid contains a written plan or summary outlining their intended efforts to use certified minority business enterprises or minority persons as subcontractors or material suppliers for this project, should bidder be awarded a contract. A Minority Business form will be available for submittal on the Bonfire Procurement Platform under Required Information. 00020-4 CCUA Project No. 1127-003 Request for Bids Governor's Park WTP August 2022 Supply Well Drilling INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by (A7i o�CACECS SKILL PF ty INTEGRITY AMERICAN COUNCIL OF ENGIN!I KI\(:COMPANIES 'EPONELEt ASCEAmerican Society National Society of of Civil Engineers Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by 11.11 CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Copyright© 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page Article 1 —Defined Terms 1 Article 2—Copies of Bidding Documents 1 Article 3—Qualifications of Bidders 1 Article 4—Examination of Bidding Documents, Other Related Data, and Site 2 Article 5—Pre-Bid Conference 4 Article 6—Site and Other Areas 4 Article 7—Interpretations and Addenda 5 Article 8—Bid Security 5 Article 9—Contract Times 5 Article 10—Liquidated Damages 5 Article 11 —Substitute and"Or-Equal"Items 5 Article 12—Subcontractors, Suppliers and Others 6 Article 13 —Preparation of Bid 6 Article 14—Basis of Bid; Comparison of Bids 7 Article 15—Submittal of Bid 8 Article 16—Modification and Withdrawal of Bid 8 Article 17—Opening of Bids 9 Article 18 —Bids to Remain Subject to Acceptance 9 Article 19—Evaluation of Bids and Award of Contract 9 Article 20—Contract Security and Insurance 10 Article 21 —Signing of Agreement 10 Article 22—Sales and Use Taxes 10 Article 23 —Retainage 10 EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page iii ARTICLE 1 —DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office—The office from which the Bidding Documents and any addenda, if any, are to be issued and where the bidding procedures are to be administered. ARTICLE 2—COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained from the Issuing Office. The deposit will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within 60 days after opening of Bids. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3—QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's responsibility and responsiveness, the Bidder before the award of any Contract the Owner may request the Bidder demonstrate it has the necessary resources such as financial data, previous experience, present commitments, and such other data as may be called for below for the full and faithful performance of this project. A. Bidder's Ability to Perform, Responsibility, and Responsiveness: Bidder before the award of any Contract, to demonstrate to the complete satisfaction of the Owner that the Bidder has the necessary facilities, insurance verification, local license(s), current version of IRS Form W-9, experience, ability, and financial resources to perform the fabrication or assembly work or provide the requested special services in a satisfactory manner within the time specified; that Bidder has had experience in fabrication or assembly work or special services of the same or similar nature; and that the Bidder's past history and references which will serve to satisfy the Owner beyond any doubt as to their responsibility and responsiveness and full and faithful performance for doing the work. B. Minimum Experience Requirements: 1. Proof that the Bidder has been in business, under the same name, for a minimum of five (5) years. To be considered qualified, Bidder must be a well driller licensed to engage in the business of contracting in the State of Florida by the Construction Industry Licensing Board and must have successfully completed a minimum of 5 production well projects of a similar nature (total depth of 1,000 feet, well bore and casing diameter of 20-inches and cased depth of 450 feet bls) within the past 5 EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 1 of 13 years, each having a minimum contract value of $250,000 with at least one Project having a contract value in excess of$350,000. To demonstrate Bidder's qualifications to perform the Work, after submitting its Bid and within five (5) days of Owner's request, Bidder must submit the following information: 1. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. 2. Evidence that Bidder is authorized to do business in the state where the Project is located. Proof that the Bidder is a licensed General Contractor or Florida Well Driller pursuant to Chapter 62-531 FAC. As well, if the Bidder wishes to sub-contract out any utility or well-drilling portion of the work over $10,000, submit the name and the experience of the subcontractor performing the work as specified on the contract. 3. Bidder's State of Florida contractor license number. 4. Subcontractor and Supplier qualification information. 5. List of similar projects completed within the most recent five (5) years. Proof of satisfactory completion of a minimum of three (3) reference projects for the Bidder and each utility or drilling subcontractor (performing over $10,000 of work) similar to this project in scope, size, and cost including performing satisfactory work for at least one project for a government entity in Florida. Each of these three (3) reference projects must be a verifiable by reference, using the provided Contractor Project Experience Form and Subcontractor Project Experience Form found in Section 00300. Provide a brief description of Project, date completed, original contract amount, final contract amount, contact names and phone numbers of Owners and Engineers. 6. List of currently active projects with project description, contract amount, percent complete, contact names and phone numbers of Owners and Engineers 7. Other required information regarding qualifications. C. Provide the resumes of the Bidder's proposed project manager and project superintendent with verification that they have a minimum of five (5) years of verifiable experience matching the scope, type, and complexity of the construction services performed on this project, that are currently employed with Bidder's company, and the verifiable projects include: contact name, current contact phone number, current contact email, project description, role in the project, completion date, project name, and project location. D. Provide the Bidder's documentation of good faith efforts to utilize MBE/WBEs on this project. E. Current workload (project) commitments: Provide the Bidder's project commitments that includes project start date or projected start date, current project stage, anticipated completion date, contract value, location, brief project description, contact name, current contact phone EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 2 of 13 number, current contact email, project name, Bidder's project manager, and Bidder's superintendent. F. Preliminary construction schedule G. Bidder's Bonding capacity verification: Provide the Bidder's bonding capacity verification using the form provided in Section 00440 Bonding Capacity Certification completed by the Bidder's bonding company stating that the Bidder has sufficient available bonding capacity for the project using the form provided in Section 00440 Bonding Capacity Certification for the bonds required in the contract documents or a letter from the Bidder's bonding company with the equivalent information as the provided Bonding Capacity Certification form in Section 00440. The Contractor shall acquire and execute any Bonds as required in the contract documents prior to award of any contract. H. Bidder's Dun & Bradstreet DUNS number: Bidder to provide their Dun & Bradsteet (www.dnb.com) DUNS number. Owner may request most recent financial statements and verifications to demonstrate the bidder has the financial resources to perform this project. Financial statements, when requested, MUST BE SUBMITTED IN A SEPARATE ENVELOPE WITH "FINANCIAL INFORMATION WRITTEN ON THE OUTSIDE. Per Florida Statues, this information is exempt from public information requests." I. Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4—EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site(s). 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site(s) (except Underground Facilities). B. Copies of reports and drawings referenced in Appendix A. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site(s) is based upon information and data EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 3 of 13 furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site(s). B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site(s), if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site(s) which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site(s) to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site(s) to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site(s)by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. B. Paragraph 6.13.0 of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 4 of 13 B. visit the Site(s) and become familiar with and satisfy Bidder as to the general, local, and Site(s) conditions that may affect cost,progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site(s) and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(s) (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site(s) that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data"; E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site(s); information and observations obtained from visits to the Site(s); the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site(s)that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 5 of 13 convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5—PRE-BID CONFERENCE 5.01 A non-mandatory pre-Bid conference will be held as identified in the advertisement for bid and Section 0020 Request for Bid. A. All bidders will be responsible for any information discussed at the pre-bid meeting and familiarizing themselves with the site. ARTICLE 6—SITE AND OTHER AREAS 6.01 The Site(s) is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7—INTERPRETATIONS AND ADDENDA 7.01 All questions or concerns regarding this solicitation must be submitted on the CCUA Bonfire Procurement Portal https://clayutility.bonfirehub.com no later than the times identified in the advertisement for bids and Section 00020 Request for Bids. The response to questions will be uploaded to the Portal and issued as an Addendum no later than the times identified in the advertisement for bis and Section 00020 Request for Bids. Interpretations or clarifications considered necessary by the Procurement Manager in response to such questions will be issued by Addenda and will be made available on CCUA's website to review; https://clayutility.bonfirehub.com . Questions received after the deadline will not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Respondents shall be responsible for checking CCUA's website https://clayutility.bonfirehub.com or any Addenda prior to bid submittal. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. 7.03 Bidders shall have no contact related to this solicitation with CCUA's employees during this solicitation process outside of the pre-Bid meeting. This shall include from the time the solicitation is advertised until after the Bids are submitted. Unauthorized contact with CCUA's employees may result in rejection of the bid. All communications with CCUA shall be in writing to the office indicated in Section 00020 Requests for Bids. ARTICLE 8—BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5)percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 6 of 13 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished all required insurance verification, furnished an executed current version of IRS form W-9, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents, furnish all required insurance verification(s), executed current version of IRS Form W-9, and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9—CONTRACT TIMES 9.01 The Work will be substantially completed within 210 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 240 days after the date when the Contract Times commence to run. ARTICLE 10—LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 —SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12—SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 7 of 13 individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13—PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Bidding Documents are available on CCUA's website; www.clayutility.org/projects/procurement.aspx. The authority shall not be responsible for full or partial sets of documents including Addenda, if any, obtained from sources other than the issuing office. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item listed therein. In the case of optional alternatives, the words "No Bid,""No Change," or"Not Applicable"may be entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 8 of 13 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14—BASIS OF BID; COMPARISON OF BIDS 14.01 Lump Sum A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form. ARTICLE 15—SUBMITTAL OF BID 15.01 BID Documents, drawings, and ADDENA, if any, may be obtained electronically from; www.clayutility.org/projects/procurement.aspx. All Bidders shall be responsible for obtaining Addenda, if any, issued prior to the bid. The authority shall not be responsible for full or partial sets of documents including Addenda, if any, obtained from sources other than the issuing office. The Bid Form is to be completed and submitted with the Bid Security, Items identified in Article 13 and the following documents: A ll:.l C+__L____aa_1 /-11___1_11-a C1. 111U JUU1111LLQ1 L.11G1,ri11L�L B. Provide the required Bid Security(per Article 8) C. Provide the Public Entities Crime Statement using the provided form D. Provide the Trench Safety Affidavit using the provided form E. Provide three (3) reference projects for both the Bidder and three (3) reference projects of its utility subcontractor(s)using the provided forms. F. Provide resumes of Bidder's proposed project manager and project superintendent with verifiable reference projects (per Article 3) G. Provide current workload(project) commitments H. Provide preliminary construction schedule I. Provide the Bidder's bonding capacity verification using the provided form in Section 00440 (per Article 3) 15.02 A Di t, ll 1..0 submitted later th..,,. +l..o date ,,,,,1 �;,.,o prescribed .,,,.,d .,- +1.o 1.,,.0 ;,..,7;,..,ted ; 1 11 Did V111111 be U1a V11111.1V1L 11V 1111V1 L111111 1.11V ILIAIV (1111.1 Y1VUV11VVU u11u ul 1.11V place indicated 11 +I- tdve tise.-.o,-.+ ,. invitation + bid and shall b enclosed a plainly marked package with +I- 1.11V a11.1 V V11111V111VUL or i11v 11,u1,1v11 1v V1u a111u v111.111 13V V11VlVUVu u1 w rIw11uy 111w11iVu Nuvliusv IV 1111 1.11v EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 9 of 13 Project title (and, ;f applicable, the designated portion of the Drojent for ,1,hich the D;.1 11 VJ VVL title `Wllu, 11 It[ [JllVwvIV, LllV uVV1511wLVu 1JV1 LIV11 of the 11 VJ VVL 1V1 VV 111V11 LllV Llu is "AA.. nn ,f D;A ter n l shall he a e 1 h„ 4ha D;A U wV1111LL%/MJ, L11V llwl lV W111L uuu1 VOL, V1 L1uuV1, Wllu Jllwll (A, WvvviuPwliivu vJ L11V 1I1u uvvLil 1LJ 111u other required .1..cm eats If a D,.1 , n4 ham, mail ether delivery system, the seale.l envelope V 1.11V1 ILVVW111V11LU. 11 W lJ 1u 1U sent by 111W11 V1 other uV11 VVky UJ ULVlll, L11V UVu1Vu V11V ViVJJV ntn,n,n..411e D..1 shall he a nl n,ne.1 , rate N nLn..e N1n,N1t, m,arLe,l s.n 41,e ,,,,4n„1e, „4h the vv11 Lwiu1115 LUV Llu U11W11 vV V11VIVUVu 111 w uvYwlww 1JUV1iu�V p,1uu11J 111W11>,Vu MA, L11V VWLUla.LV VV MA 411V 11notation "DTTI 1TNT1 T /lC'1:T1�� along , „th the bid number, eat n .late and t;m,e ..f the bi V Lu1.1V11 L1L L1,VIJV IJI/1/ u1V115 VV 1L11 1.11V v1u 11ii111VV1, project name, date W11L1 of 1.11V bid n, s t. guard n not n, r t.. the `late .nA 4;r.,e net therefore and identifiable v1NJe "5 ,iv as to 5KW1u W.5*111UL V1ie n5 prior w the GI W11u set L11V1VtVis' w1.L,. fm, normal ail n.1 deliveries. A a;le.7 D;.1 shall be a.1.lresse.l t., !''h;ef L'ng nee,. !''la., Al1 V111 11v1'_uiwl iuu11 and uV11 V V11VU. L 1 iiiuliSu 111u U11W11 V V uuL11 VUUVu 155 V111V1 L115111V V1, flay r'..,,mt„ TTtility A„4h..r;4., 21'76 r'l`7 Tenn;ngs D..n.1 Middleburg, 2')l164 The lJVW114J VL111LJ L1WL11V11LJ, J1 /V V1K J 5U Road, 1V11..L6L1VVW15, Florida11V11u JL.VVV. 111V nTTTul1DTTv r s the right to change the tam,, ,n.1 .sate of,.,hen the D;.ls are due that n the L 1V 111V1111 1 lwvi V'v0 L11V 1i�11L LV V11W115V L11V W11u date V1 VV 11V11 the L1uU Wi5 due L11WL, i11 L11V AT TTT7lWD TTV'S sole a and absolute judgment,.,,,ent „1l be ;n the bent interest ..f the AT TTTTC D TTV 11V 111V1\11 1 IJ UV1V W1111 WVUVIWLV JL 115111V114, will be 111 L11V best interest of L11V L 1V 111V llll 1 . n 11 Did ers , „ll her responsible for information provided by the Issuing llffice 1111 1J1uu51u V`V 111 be lv.rflvliurvly 1V1 Wily'i111V1111WL1V11 by L11V 1u0W111b v11lSV. ARTICLE 16—MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17—OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Request for Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18—BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, incomplete, irregular, not in conformance with the specifications, invitation or Instructions to Bidders, nonconforming, nonresponsive,unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible or the Bidder is behind by 10 percent or more on completing an approved progress schedule for the Owner at the time of advertising the work. A Bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete the prescribed forms, modifying the Bid specifications, submitting conditional Bids, incomplete Bids, submitting indefinite or ambiguous Bids, executing forms or the Bid sheet with improper and/or undated signatures, failure to provide all required information Bids containing any >,rrnr r inn c.............a r....._..,..:,......,.D:aa,....,s..r,.....r....,..:....r,.»._..,.... D_,.,.in,.r i i conditions, omissions, unexplained erasures, alterations of the provided bid documents or forms, or items not called for in the bid documents. Other conditions which may cause rejection of the Bids include, evidence of collusion among Bidders, obvious lack of experience or expertise, and failure to perform or meet financial obligations on previous agreements. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. 19.07 The Owner will evaluate the bids and the award will be made to the lowest responsive, responsible bidder. Certified minority business enterprises or minority persons as defined in F.S.s. 288.703 are encouraged to timely submit their bid for this project consistent with the terms of this Notice. Due consideration also will be given to bidders, other than certified minority business enterprises or minority persons, who agree to use certified minority business enterprises or minority persons as subcontractors or material suppliers for this project, should they be awarded this bid. 19.08 The lowest, responsive, responsible bidder may voluntary reduce its bid price or prices provided such reduction is not conditioned on, or does not result in, the modification or deletion of any specifications or conditions contained in the Bidding Documents that would alter the determination of which the bidder would be awarded or portion thereof when in the best interest of the Authority. ARTICLE 20—CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 11 of 13 forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 —SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22—SALES AND USE TAXES 22.01 State sales and use taxes on materials and equipment to be incorporated in the Work shall be included in the Bid. However, the Owner is exempt from sales and use taxes on materials and equipment and therefore, at the Owners option, the Contractor shall be required to provide the Owner with the details of his Purchase Order(s), including quote(s), vendor name, address, and quantity and type of materials and/or equipment being ordered. The Owner may choose to order the major materials and/or equipment direct. Should the Owner choose to do this, any payment that is made direct by the Owner (plus an amount equal to the sales tax that would have been paid by the Contractor) for the materials shall be a direct deduct from the Contractors contract as if the payment were made direct to the Contractor. The whole purpose of this provision is to save the amount of sales taxes that would be otherwise assessed to the Contractor for the major material purchases. ARTICLE 23 —RETAINAGE 23.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 12 of 13 THIS PAGE LEFT INTENTIONALLY BLANK EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 13 of 13 SECTION 00300 BID FORM PROJECT NO. 1127-003 BID NO. 21/22-A26 Governor's Park WTP Supply Well Drilling CLAY COUNTY UTILITY AUTHORITY SUBMITTED BY: DATE: DUNS No.: Sunbiz Document No.: or ❑N/A (for FL Corporations,Limited Liability Companies,Limited Partnerships) Fed. Employer ID No. (EIN): ❑ Check box if taxpayer identification number is a social security number and leave the EIN blank. The undersigned, as Bidder, hereby declares that the only person or persons interested in the proposal as Principal(s) is, (or are)named herein and that no other person who is herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person,company,or parties making a bid or proposal;and that it is in all respects fair and in good faith, without collusion or fraud. The Bidder further declares that the Bidder has examined the site of the work and is fully informed in regard to all conditions pertaining to the places where the work is to be performed;that the Bidder has examined the plans and specifications for the work and contract documents relative thereto,that the Bidder has read all special provisions furnished prior to the opening of bids,and that the Bidder is satisfied as to the work to be performed. The Bidder further understands that the AUTHORITY reserves the right to waive formalities in any Bid, to reject any or all bids with or without cause, and/or to accept the Bid or any portion thereof that, in the AUTHORITY'S sole and absolute judgment, will be in the best interest of the AUTHORITY. The Bidder proposes and agrees, if this proposal is accepted, to contract with the AUTHORITY in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus,means of transportation and labor necessary to complete the contract in full and complete it in accordance with the shown,noted,described and reasonable intended requirements of the plans and specifications and contract documents to the full satisfaction of the contract with the AUTHORITY with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and contract documents, as follows: 00300-1 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 BID SCHEDULE Total Lump Sum Bid Price is to be the sum of the Amounts shown for all items listed below and are to include all labor, materials, equipment and incidentals necessary to perform the work as indicated in the contract documents. Work includes, but is not necessarily limited to, all the items listed in the specification and shown on the Drawings, based upon the Bidder's own estimate of the quantities and costs. The Total Bid consists of items as follows: Item Unit Est Item Unit Price Total # Qty Amount PART I—WELL NO. 1 I-1 LS 1 Mobilization/Demobilization All $ $ Equip.To the Well No. 1 Site to Complete Drilling and Testing Activities including pit casing for Well No. 1 and Site Restoration I-2 Pilot Hole Drilling: Drill Nominal 8 to 12-1/4 -Inch Dia. Pilot Hole Using Mud Rotary or Reverse-Air Drilling Techniques, Complete to: I-2a FT 400 400 feet $ $ I-2b FT 800 1,200 feet $ $ I-3 Pilot Hole Reaming (nominal diameters) to: I-3a FT 400 29-inch to 400 feet $ $ I-3b FT 800 19-inch to 1,200 feet $ $ I-4 Furnish, Setup, Operate, and Remove all Equip. to Conduct Geophysical Logs in Accordance with Table 1 of Section 2679 on: I-4a EA 1 Pilot Hole to 400 ft $ $ I-4b EA 1 Reamed Hole to 400 ft $ $ I-4c EA 1 Completed Well to 1,200 ft $ $ I-5 Casing: Furnish and Install I-5a FT 50 30-Inch Dia. Carbon Steel (Optional Pit $ $ Casing) I-5b FT 400 20-Inch Dia. Carbon Steel $ $ 00300-2 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 I-6 Grout Seal: Cement Carbon Steel Casing II-- from Bottom to Land Surface Using ASTM Type II Cement with up to: ■ I-6a CF 1300 0% Bentonite (Neat) $ $ I-6b CF 100 Up to 6%Bentonite $ $ I-6c CF 100 Up to 12%Bentonite $ $ I-7 CF 135 Furnish and Emplace Clean Gravel Used $ $ to Plug Cavities, Complete I-8 LS 1 Furnish, Setup, Operate, and Remove all $ $ Equipment Necessary to Conduct a Variable-Rate, Stepped Drawdown Test, Complete I-9 HR 56 Pumping Time, Complete $ $ I-10 HR 12 Develop Well by Air Lifting, Complete $ $ I-11 Collect, Analyze, and Report Water Samples in Accordance with Section 02311 for: I-11a EA 13 Table 02311-1, List A $ $ I-11b EA 1 Table 02311-1, List B $ $ I-12 LS 1 Complete Wellhead, in accordance with $ $ the Drawings, Complete I-13 HR 24 Standby Time (Max. 12 hr/day) $ $ TOTAL PART 1 $ Part II—Well No.2 II-1 LS 1 Mobilization/Demobilization All $ $ Equip.To the Well No. 2 Site to Complete Drilling and Testing Activities including pit casing for Well No. 2 and Site Restoration II-2 Pilot Hole Drilling: Drill Nominal 8 to 12-1/4 -Inch Dia. Pilot Hole Using Mud Rotary or Reverse-Air Drilling Techniques, Complete to: II-2a FT 400 400 feet $ $ II-2b FT 800 1,200 feet $ $ 00300-3 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 II-3 Pilot Hole Reaming (nominal diameters) to: II-3a FT 400 29-Inch Diameter to 400 feet $ $ II-3b FT 800 19-Inch Diameter to 1,200 feet11 $ $ II-4 Furnish, Setup, Operate, and Remove all Equip. to Conduct Geophysical Logs in Accordance with Table 1 of Section 2679 on: II-4a EA 1 Pilot Hole to 400 ft !!$ ' II-4b EA 1 Reamed Hole to 400 ft $ II-4c EA 1 Completed Well to 1,200 ft $ II-5 Casing: Furnish and Install II-5a FT 50 30-Inch Dia. Carbon Steel (Optional Pit $ $ Casing) II-5b FT 400 20-Inch Dia. Carbon Steel $ $ II-6 Grout Seal: Cement Carbon Steel Casing from Bottom to Land Surface Using ASTM Type II Cement with up to: II-6a CF 1300 0% Bentonite (Neat) $ $ II-6b CF 100 Up to 6%Bentonite $ $ II-6c CF 100 Up to 12%Bentonite $ $ II-7 CF 135 Furnish and Emplace Clean Gravel Used $ $ to Plug Cavities, Complete II-8 LS 1 Furnish, Setup, Operate, and Remove all $ $ Equipment Necessary to Conduct a Variable-Rate, Stepped Drawdown Test, Complete II-9 HR 56 Pumping Time, Complete $ $ II-10 HR 12 Develop Well by Air Lifting, Complete $ $ II-11 Collect, Analyze, and Report Water Samples in Accordance with Section 02311 for: II-1la EA 13 Table 02311-1, List A $ $ II- EA 1 Table 02311-1, List B $ $ 1lb 00300-4 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 II-12 LS I Complete Wellhead, in accordance with $ $ the Drawings, Complete II-13 HR 24 Standby Time (Max. 12 hr/day) $ $ TOTAL, PART II $ SUMMARY OF BID TOTAL PART I I $ TOTAL PART II $ CONTINGENCY $50,000.00 TOTAL PART I, PART II AND CONTENGENCY $ Total Lump Sum Bid Part I, Part II and Contingency $ (Numerals) (Written) Total Bid dollar amount must be in numeric and written format.In the event of discrepancies, the written entry will take precedence over the numeric entry. At the Owner's option,the Contractor shall be required to provide the Owner with the details of his Purchase Order,including vendor quote(s),vendor name,address,and quantity and type of materials being ordered.The Owner may choose to order the major materials and/or equipment direct. Should the Owner choose to do this,any payment that is made direct by the Owner(plus an amount equal to the sales tax that would have been paid by the Contractor) for the materials shall be a direct deduct from the Contractors contract as if the payment were made direct to the Contractor. The whole purpose of this provision is to save the amount of sales taxes that would be otherwise assessed to the Contractor for the major material purchases. It shall be the Contractors responsibility to ensure conformance with contract requirements, coordinate ordering, deliveries, submit Shop Drawings, receive and verify accuracy of such shipments and, unload such shipments as if Contractor had purchased the materials direct. Shop Drawings received from the suppliers,will be forwarded by the Clay County Utility Authority to the Contractor for their review of accuracy and correctness of the Shop Drawings and shall provide an approval action on each product. Shop Drawings shall then be submitted to the Design Engineer for their review and approval action. After the Contractor and Engineer have reviewed the Shop Drawings, they then shall be submitted to the Clay County Utility Authority for review. The Contractor shall include all risk of loss and bear the cost of insurance on all materials purchased tax exempt. Once the Clay County Utility Authority's Purchase Order is prepared, then it will be returned to the Contractor for proofing and mailing to the vendor. The Bidder further proposes and agrees to commence work under his contract on a date to be specified in the Notice-to-Proceed and shall complete all work there under within the time schedule 00300-5 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 in the Agreement. Time is of the essence for the Contractor to complete their work in a timely manner and as soon as practically feasible. The Authority has applied for grants that may come from the Florida Department of Environmental Protection (FDEP) and/or the St. Johns River Water Management District(SJRWMD)that may fund portions of this project. Delays in the progression of the project may impact funding of the project and the Owner will suffer financial loss if the Work is not completed prior to any grant expirations. Addendum Receipt:Bidders shall acknowledge below the receipt of all addenda,if any,to plans and specifications. ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED 00300-6 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 MBE/WBE Utilization: Total MBE/WBE percent utilization on this project: °❑o List MBE/WBE firms utilized on this project: Prime Sub Supplier 1. ❑ ❑ ❑ 2. ❑ ❑ ❑ 3. ❑ ❑ ❑ 4. ❑ ❑ ❑ 5. ❑ ❑ ❑ 6. ❑ ❑ ❑ Document any good faith efforts: Bidders to attach the supplemental information identified in the Bid Submittal Checklist to their bid. Bidder's License Information: Bidder's License Type: Bidder's License Category(if any): Bidder's License Special Qualification (if any): Bidder's License No: Bidder's License State: License Name/Organization: Bidder's Utility Sub-Contractor License Information: Utility Sub-Contractor's License Type: Utility Sub-Contractor's License Category (if any): Utility Sub-Contractor's License Special Qualification (if any): Utility Sub-Contractor's License No: Utility Sub-Contractor's License State: License Name/Organization: 00300-7 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 Bidder's Driller Sub-Contractor License Information: Driller Sub-Contractor's License Type: Driller Sub-Contractor's License Category(if any): Driller-Contractor's License Special Qualification (if any): Driller Sub-Contractor's License No: Driller Sub-Contractor's License State: License Name/Organization: Bidder's Insurability: The Bidder confirms that the Bidder has reviewed the current types, amounts, and requirements of insurance coverages included in the Contract Documents including, but not limited to, general liability, workers compensation, bodily injury, personal and advertising injury, property, builders risk,installation floater,excess or umbrella liability,environmental pollution,waiver of subrogation, additional insured, etc. Bidder's current Workers Compensation and Employers Liability Insurance Information: Bidder's current Experience Rating: Bidder's current Experience Modification Factor: The Bidder pledges that all such required coverages,types,requirements,and limits specified in the Contract Documents shall be provided within 15 days of the notice of intent to award or the Owner may consider Bidder to be in default and annul the Notice of Award and the Bid security of that Bidder will be forfeited. Bidder's Signature Date 00300-8 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 LIST OF MAJOR SUBCONTRACTORS The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Proposal, the major Subcontractors used in the prosecution of the work will be those listed below. 2. The following list includes all Subcontractors who will perform work in the amount of approximately $10,000 or more on this Contract. 3. The Subcontractors listed below are financially responsible and are qualified to perform the work required. Category Name of Subcontractor Address 00300-9 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 AN INDIVIDUAL By (Seal) (Signature) (Print Name) doing business as Business Address: Phone No: Fax No: A PARTNERSHIP (Seal) (Firm Name) (General Partner/Signature) (Print Name) Business Address: Phone No: Fax No: A CORPORATION (Seal) (Corporation Name) (State of Incorporation) By (Signature of Person Authorized to Sign) (Print Name) (Title) (Corporate Seal) Attest (Secretary) 00300-10 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 Business Address: Phone No: Fax No: A JOINT VENTURE (Business Name) By: (Signature) (Print Name) (Address) By: (Signature) (Print Name) (Address) (Each joint venturer must sign. The manner of signing for each individual,partnership and corporation that is a party to the joint venture should be in the manner indicated above). The full names; business addresses; business and emergency telephone numbers of persons and firms interested in the foregoing bid, as principals, are as follows: (If Corporation, President, Secretary, and Treasurer Identification) 00300-11 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 BID SUBMITTAL CHECKLIST (submit this checklist with bid, and attach the information identified below to the bid.) ❑ Provide the Bidder's DUNS No. on the Bid Form ❑ Provide the required Bid Security. ❑ Listing in the bid form of major subcontractors proposed by the Contractor. ❑ Completed the MBE/WBE Utilization and document any good faith efforts on the Bid Form. ❑ Completed the Bidder's Insurability section on the Bid Form including signature and date. ❑ Provide the Federal Employer ID No. (EIN) on the bid form or checked the box if taxpayer identification number is a social security number and leave the EIN in the bid form blank. ❑ Public Entities Crimes Statement using the provided form ❑ Trench Safety Affidavit using the provided form ❑ Included Bidder's License(s) and applicable utility and well-driller sub-contractors license(s) information on the Bid Form ❑ Included an authorization to do business in the State of Florida by filling in the Sunbiz Document number in the Bid Form, other means of evidence, or Bidder's covenant in writing to obtain such authority prior to award of the contract(per Article 13) ❑ Three (3)reference projects for both the Bidder and its utility or well-driller subcontractor(s) using the provided forms. ❑ Resumes of the Bidder's proposed project manager and project superintendent with verifiable reference projects (per Article 3) ❑ Bidder's bonding capacity verification using the provided form in Section 00440. (per Article 3) ❑ Attach an appendix of any applicable variances. Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. We ( ) certify that we submitted the required documents as checked above. By signing below, the Bidder acknowledges that it is the Bidder's responsibility to read the bid documents and standard form of agreement. Any variances must be clearly noted by the Bidder and shall be attached as an appendix. The Bidder's bid may be deemed nonresponsive if the Bidder communicates or submits any variances after the opening date. If no variances or objections are submitted with the Bidder's submission it is hereby implied that no objection is taken with the solicitation documents or contract terms and conditions. Bidder's Signature Date 00300-12 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 BIDDER PROJECT EXPERIENCE FORM Contractor Name: Please provide reference information from previous projects using the format below. Include at least one project for a government entity in Florida. a. Project Name: b. Project Location(city, state): c. Brief description of project substantiating similarity to this project: d. Date of completion of project: e. Owner's Name: f. Owner's Project Manager Name: _ Phone: Email: a. Project Name: b. Project Location(city, state): c. Brief description of project substantiating similarity to this project: d. Date of completion of project: e. Owner's Name: f. Owner's Project Manager Name: Phone: Email: a. Project Name: b. Project Location(city, state): c. Brief description of project substantiating similarity to this project: d. Date of completion of project: e. Owner's Name: f. Owner's Project Manager Name: Phone: Email: 00300-13 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 UTILITY OR DRILLING SUBCONTRACTOR PROJECT EXPERIENCE FORM Contractor Name: Please provide reference information from previous projects using the format below. Include at least one project for a government entity in Florida. a. Project Name: b. Project Location(city, state): c. Brief description of project substantiating similarity to this project: d. Date of completion of project: e. Owner's Name: f. Owner's Project Manager Name: _ Phone: Email: a. Project Name: b. Project Location(city, state): c. Brief description of project substantiating similarity to this project: d. Date of completion of project: e. Owner's Name: f. Owner's Project Manager Name: Phone: Email: a. Project Name: b. Project Location(city, state): c. Brief description of project substantiating similarity to this project: d. Date of completion of project: e. Owner's Name: f. Owner's Project Manager Name: Phone: Email: 00300-14 CCUA Project No. 1127-003 Governor's Park WTP BID FORM Supply Well Drilling August 2022 SECTION 004000 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto Clay County Utility_Authority as OWNER in the penal sum of for payment of which, well and truly to be made,we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of ,20_ The Condition of the above obligation is such that whereas the Principal has submitted to Clay County Utility Authority a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing for the Governor's Park WTP Supply Well Drilling Project Clay County Utility Authority Bid No. 21/22-A26. NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID)and shall furnish a BOND for his faithful performance of said contract,and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety of all and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. BY: Principal Surety Attorney-in-Fact 00400-1 CCUA Project No. 1127-003 Bid Bond Governor's Park WTP August 2022 Supply Well Drilling END OF SECTION 00400-2 CCUA Project No. 1127-003 Bid Bond Governor's Park WTP August 2022 Supply Well Drilling Document - 00420 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL, AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Clay County Utility Authority (print name of public entity) By (print individual's name and title) whose business address is And (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (1) (G), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (B), Florida Statutes means finding of guilt or a conviction of public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment, or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (1) (A), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, 00420-1 CCUA Project No. 1127-003 Public Entities Crime Form Governor's Park WTP Supply Well Drilling August 2022 shall be prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (1) (E), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which aids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [ Indicate which statement applies.] ❑ Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or and affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of final order) 00420-2 CCUA Project No. 1127-003 Public Entities Crime Form Governor's Park WTP Supply Well Drilling August 2022 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) (date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority who after first being sworn by me, affixed his/her (name of individual signing) signature in the space provided above on this day of , 20_ My commission expires: NOTARY PUBLIC 00420-3 CCUA Project No. 1127-003 Public Entities Crime Form Governor's Park WTP Supply Well Drilling August 2022 THIS PAGE IS INTENTIONALLY BLANK 00420-4 CCUA Project No. 1127-003 Public Entities Crime Form Governor's Park WTP Supply Well Drilling August 2022 Request for Taxpayer Form W m9 Give Form to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. 2 Business name/disregarded entity name,if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to m following seven boxes. certain entities,not individuals;see a instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate rn single-member LLC a Exempt a. (if any) o P payee code ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► `o , Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting rn code i LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is (f any) 'C c another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that 2 is disregarded from the owner should check the appropriate box for the tax classification of its owner. fl. Li Other(see instructions)► (Applies to accounts maintained outside the U.S.) co5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) a) 6 City,state,and ZIP code 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I, later.For other — — entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN, later. or Note: If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. Part II Certification Under penalties of perjury, I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person► Date► General Instructions - Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments • Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. • Form 1099-S(proceeds from real estate transactions) Purpose of Form • Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an • Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number - Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption -Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might -Form 1099-INT(interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat.No. 10231X Form W-9(Rev.10-2018) Form W-9(Rev.10-2018) Page 2 By signing the filled-out form,you: Example.Article 20 of the U.S.-China income tax treaty allows an 1.Certify that the TIN you are giving is correct(or you are waiting for a exemption from tax for scholarship income received by a Chinese number to be issued), student temporarily present in the United States. Under U.S.law,this student will become a resident alien for tax purposes if his or her stay in 2.Certify that you are not subject to backup withholding,or the United States exceeds 5 calendar years.However,paragraph 2 of 3.Claim exemption from backup withholding if you are a U.S.exempt the first Protocol to the U.S.-China treaty(dated April 30, 1984)allows payee. If applicable,you are also certifying that as a U.S. person,your the provisions of Article 20 to continue to apply even after the Chinese allocable share of any partnership income from a U.S.trade or business student becomes a resident alien of the United States.A Chinese is not subject to the withholding tax on foreign partners'share of student who qualifies for this exception(under paragraph 2 of the first effectively connected income,and protocol)and is relying on this exception to claim an exemption from tax 4.Certify that FATCA code(s)entered on this form(if any)indicating on his or her scholarship or fellowship income would attach to Form that you are exempt from the FATCA reporting,is correct.See What is W-9 a statement that includes the information described above to FATCA reporting,later,for further information. support that exemption. Note: If you are a U.S.person and a requester gives you a form other If you are a nonresident alien or a foreign entity,give the requester the than Form W-9 to request your TIN,you must use the requester's form if appropriate completed Form W-8 or Form 8233. it is substantially similar to this Form W-9. Backup Withholding Definition of a U.S.person.For federal tax purposes,you are considered a U.S.person if you are: What is backup withholding?Persons making certain payments to you •An individual who is a U.S.citizen or U.S.resident alien; must under certain conditions withhold and pay to the IRS 24%of such payments.This is called"backup withholding." Payments that may be •A partnership,corporation,company,or association created or subject to backup withholding include interest,tax-exempt interest, organized in the United States or under the laws of the United States; dividends, broker and barter exchange transactions,rents, royalties, •An estate(other than a foreign estate);or nonemployee pay,payments made in settlement of payment card and •A domestic trust(as defined in Regulations section 301.7701-7). third party network transactions,and certain payments from fishing boat operators. Real estate transactions are not subject to backup Special rules for partnerships.Partnerships that conduct a trade or withholding. business in the United States are generally required to pay a withholding You will not be subject to backup withholding on payments you tax under section 1446 on any foreign partners'share of effectively receive if you give the requester your correct TIN,make the proper connected taxable income from such business.Further,in certain cases certifications,and report all your taxable interest and dividends on your where a Form W-9 has not been received,the rules under section 1446 tax return. require a partnership to presume that a partner is a foreign person,and pay the section 1446 withholding tax.Therefore,if you are a U.S.person Payments you receive will be subject to backup withholding if: that is a partner in a partnership conducting a trade or business in the 1.You do not furnish your TIN to the requester, United States,provide Form W-9 to the partnership to establish your 2.You do not certify your TIN when required(see the instructions for U.S.status and avoid section 1446 withholding on your share of Part II for details), partnership income. In the cases below,the following person must give Form W-9 to the 3.The IRS tells the requester that you furnished an incorrect TIN, partnership for purposes of establishing its U.S.status and avoiding 4.The IRS tells you that you are subject to backup withholding withholding on its allocable share of net income from the partnership because you did not report all your interest and dividends on your tax conducting a trade or business in the United States. return(for reportable interest and dividends only),or •In the case of a disregarded entity with a U.S.owner,the U.S.owner 5.You do not certify to the requester that you are not subject to of the disregarded entity and not the entity; backup withholding under 4 above(for reportable interest and dividend •In the case of a grantor trust with a U.S.grantor or other U.S.owner, accounts opened after 1983 only). generally,the U.S.grantor or other U.S.owner of the grantor trust and Certain payees and payments are exempt from backup withholding. not the trust;and See Exempt payee code, later,and the separate Instructions for the •In the case of a U.S.trust(other than a grantor trust),the U.S.trust Requester of Form W-9 for more information. (other than a grantor trust)and not the beneficiaries of the trust. Also see Special rules for partnerships,earlier. Foreign person.If you are a foreign person or the U.S.branch of a What is FATCA Reporting? foreign bank that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use the appropriate Form W-8 or Form 8233(see The Foreign Account Tax Compliance Act(FATCA)requires a Pub.515,Withholding of Tax on Nonresident Aliens and Foreign participating foreign financial institution to report all United States Entities). account holders that are specified United States persons.Certain Nonresident alien who becomes a resident alien.Generally,only a payees are exempt from FATCA reporting.See Exemption from FATCA nonresident alien individual may use the terms of a tax treaty to reduce reporting code, later,and the Instructions for the Requester of Form or eliminate U.S.tax on certain types of income.However,most tax W-9 for more information. treaties contain a provision known as a"saving clause."Exceptions Updating Your Information specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise You must provide updated information to any person to whom you become a U.S.resident alien for tax purposes. claimed to be an exempt payee if you are no longer an exempt payee If you are a U.S.resident alien who is relying on an exception and anticipate receiving reportable payments in the future from this contained in the saving clause of a tax treaty to claim an exemption person. For example,you may need to provide updated information if from U.S.tax on certain types of income,you must attach a statement you are a C corporation that elects to be an S corporation,or if you no to Form W-9 that specifies the following five items. longer are tax exempt.In addition,you must furnish a new Form W-9 if 1.The treaty country.Generally,this must be the same treaty under the name or TIN changes for the account;for example,if the grantor of a which you claimed exemption from tax as a nonresident alien. grantor trust dies. 2.The treaty article addressing the income. Penalties 3.The article number(or location)in the tax treaty that contains the saving clause and its exceptions. Failure to furnish TIN. If you fail to furnish your correct TIN to a 4.The type and amount of income that qualifies for the exemption requester,you are subject to a penalty of$50 for each such failure from tax. unless your failure is due to reasonable cause and not to willful neglect. 5.Sufficient facts to justify the exemption from tax under the terms of Civil penalty for false information with respect to withholding.If you the treaty article. make a false statement with no reasonable basis that results in no backup withholding,you are subject to a$500 penalty. Form W-9(Rev.10-2018) Page 3 Criminal penalty for falsifying information.Willfully falsifying IF the entity/person on line 1 is THEN check the box for... certifications or affirmations may subject you to criminal penalties a(n)... including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of • Corporation Corporation federal law,the requester may be subject to civil and criminal penalties. • Individual Individual/sole proprietor or single- - Sole proprietorship, or member LLC Specific Instructions • Single-member limited liability company(LLC)owned by an Line 1 individual and disregarded for U.S. You must enter one of the following on this line;do not leave this line federal tax purposes. blank.The name should match the name on your tax return. • LLC treated as a partnership for Limited liability company and enter If this Form W-9 is for a joint account(other than an account U.S.federal tax purposes, the appropriate tax classification. maintained by a foreign financial institution(FFI)), list first,and then - LLC that has filed Form 8832 or (P=Partnership;C=C corporation; circle,the name of the person or entity whose number you entered in 2553 to be taxed as a corporation, or S=S corporation) Part I of Form W-9. If you are providing Form W-9 to an FFI to document or a joint account,each holder of the account that is a U.S.person must . LLC that is disregarded as an provide a Form W-9. entity separate from its owner but a. Individual. Generally, enter the name shown on your tax return. If the owner is another LLC that is you have changed your last name without informing the Social Security not disregarded for U.S.federal tax Administration(SSA)of the name change,enter your first name,the last purposes. name as shown on your social security card,and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on • Partnership Partnership your Form W-7 application, line la.This should also be the same as the • Trust/estate Trust/estate name you entered on the Form 1040/1040A/1040EZ you filed with your Line 4, Exemptions application. b. Sole proprietor or single-member LLC.Enter your individual If you are exempt from backup withholding and/or FATCA reporting, name as shown on your 1040/1040A/1040EZ on line 1.You may enter enter in the appropriate space on line 4 any code(s)that may apply to your business,trade,or"doing business as"(DBA)name on line 2. you. c. Partnership,LLC that is not a single-member LLC,C Exempt payee code. corporation,or S corporation.Enter the entity's name as shown on the • Generally, individuals(including sole proprietors)are not exempt from entity's tax return on line 1 and any business,trade,or DBA name on backup withholding. line 2. • Except as provided below,corporations are exempt from backup d. Other entities.Enter your name as shown on required U.S.federal withholding for certain payments, including interest and dividends. tax documents on line 1.This name should match the name shown on the • Corporations are not exempt from backup withholding for payments charter or other legal document creating the entity.You may enter any made in settlement of payment card or third party network transactions. business,trade,or DBA name on line 2. • Corporations are not exempt from backup withholding with respect to e. Disregarded entity.For U.S.federal tax purposes,an entity that is attorneys'fees or gross proceeds paid to attorneys,and corporations disregarded as an entity separate from its owner is treated as a that provide medical or health care services are not exempt with respect "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii).Enter to payments reportable on Form 1099-MISC. the owner's name on line 1.The name of the entity entered on line 1 should never be a disregarded entity.The name on line 1 should be the The following codes identify payees that are exempt from backup name shown on the income tax return on which the income should be withholding. Enter the appropriate code in the space in line 4. reported. For example,if a foreign LLC that is treated as a disregarded 1—An organization exempt from tax under section 501(a),any IRA,or entity for U.S.federal tax purposes has a single owner that is a U.S. a custodial account under section 403(b)(7)if the account satisfies the person,the U.S.owner's name is required to be provided on line 1. If requirements of section 401(f)(2) the direct owner of the entity is also a disregarded entity,enter the first 2—The United States or any of its agencies or instrumentalities 3— owner that is not disregarded for federal tax purposes.Enter the disregarded entity's name on line 2,"Business name/disregarded entity A state,the District of Columbia,a U.S.commonwealth or name."If the owner of the disregarded entity is a foreign person,the possession, or any of their political subdivisions or instrumentalities owner must complete an appropriate Form W-8 instead of a Form W-9. 4—A foreign government or any of its political subdivisions,agencies, This is the case even if the foreign person has a U.S.TIN. or instrumentalities Line 2 5—A corporation If you have a business name,trade name,DBA name,or disregarded 6—A dealer in securities or commodities required to register in the entity name,you may enter it on line 2. United States, the District of Columbia, or a U.S. commonwealth or possession Line 3 7—A futures commission merchant registered with the Commodity Check the appropriate box on line 3 for the U.S. federal tax Futures Trading Commission classification of the person whose name is entered on line 1.Check only 8—A real estate investment trust one box on line 3. 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9(Rev.10-2018) Page 4 The following chart shows types of payments that may be exempt M—A tax exempt trust under a section 403(b)plan or section 457(g) from backup withholding.The chart applies to the exempt payees listed plan above, 1 through 13. Note: You may wish to consult with the financial institution requesting IF the payment is for... THEN the payment is exempt this form to determine whether the FATCA code and/or exempt payee for... code should be completed. Interest and dividend payments All exempt payees except Line 5 for 7 Enter your address(number,street,and apartment or suite number). Broker transactions Exempt payees 1 through 4 and 6 This is where the requester of this Form W-9 will mail your information through 11 and all C corporations. returns. If this address differs from the one the requester already has on S corporations must not enter an file,write NEW at the top. If a new address is provided,there is still a exempt payee code because they chance the old address will be used until the payor changes your are exempt only for sales of address in their records. noncovered securities acquired Line 6 prior to 2012. Enter your city,state,and ZIP code. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Part I. Taxpayer Identification Number (TIN) Payments over$600 required to be Generally,exempt payees Enter your TIN in the appropriate box. If you are a resident alien and reported and direct sales over 1 through 52 you do not have and are not eligible to get an SSN,your TIN is your IRS $5,0001 individual taxpayer identification number(ITIN). Enter it in the social security number box. If you do not have an ITIN,see How to get a TIN Payments made in settlement of Exempt payees 1 through 4 below. payment card or third party network If you are a sole proprietor and you have an EIN,you may enter either transactions your SSN or EIN. 1 See Form 1099-MISC, Miscellaneous Income,and its instructions. If you are a single-member LLC that is disregarded as an entity separate from its owner,enter the owner's SSN(or EIN,if the owner has 2 However,the following payments made to a corporation and one). Do not enter the disregarded entity's EIN. If the LLC is classified as reportable on Form 1099-MISC are not exempt from backup a corporation or partnership,enter the entity's EIN. withholding: medical and health care payments,attorneys'fees,gross Note:See What Name and Number To Give the Requester,later,for proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. further clarification of name and TIN combinations. Exemption from FATCA reporting code.The following codes identify How to get a TIN. If you do not have a TIN,apply for one immediately. payees that are exempt from reporting under FATCA.These codes To apply for an SSN,get Form SS-5,Application for a Social Security apply to persons submitting this form for accounts maintained outside Card,from your local SSA office or get this form online at of the United States by certain foreign financial institutions.Therefore, if •SSA.gov.You may also get this form by calling 1-800-772-1213. you are only submitting this form for an account you hold in the United Use Form W-7,Application for IRS Individual Taxpayer Identification States,you may leave this field blank.Consult with the person Number,to apply for an ITIN,or Form SS-4,Application for Employer requesting this form if you are uncertain if the financial institution is Identification Number,to apply for an EIN.You can apply for an EIN subject to these requirements.A requester may indicate that a code is online by accessing the IRS website at www.irs.gov/Businesses and not required by providing you with a Form W-9 with"Not Applicable"(or clicking on Employer Identification Number(EIN)under Starting a any similar indication)written or printed on the line for a FATCA Business.Go to www.irs.gov/Forms to view,download,or print Form exemption code. W-7 and/or Form SS-4. Or,you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 A—An organization exempt from tax under section 501(a)or any business days. individual retirement plan as defined in section 7701(a)(37) If you are asked to complete Form W-9 but do not have a TIN,apply B—The United States or any of its agencies or instrumentalities C— for a TIN and write"Applied For"in the space for the TIN,sign and date A state,the District of Columbia,a U.S.commonwealth or the form,and give it to the requester. For interest and dividend possession,or any of their political subdivisions or instrumentalities payments,and certain payments made with respect to readily tradable D—A corporation the stock of which is regularly traded on one or instruments,generally you will have 60 days to get a TIN and give it to more established securities markets,as described in Regulations the requester before you are subject to backup withholding on section 1.1472-1(c)(1)(i) payments.The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until E—A corporation that is a member of the same expanded affiliated you provide your TIN to the requester. group as a corporation described in Regulations section 1.1472-1(c)(1)(i) Note: Entering"Applied For"means that you have already applied for a F—A dealer in securities,commodities,or derivative financial TIN or that you intend to apply for one soon. instruments(including notional principal contracts,futures,forwards, and options)that is registered as such under the laws of the United Caution:A disregarded U.S.entity that has a foreign owner must use States or any state the appropriate Form W-8. G—A real estate investment trust Part II. Certification H—A regulated investment company as defined in section 851 or an To establish to the withholding agent that you are a U.S. person, or entity registered at all times during the tax year under the Investment resident alien,sign Form W-9.You may be requested to sign by the Company Act of 1940 withholding agent even if item 1,4,or 5 below indicates otherwise. I—A common trust fund as defined in section 584(a)J— For a joint account,only the person whose TIN is shown in Part I A bank as defined in section 581 should sign(when required). In the case of a disregarded entity,the K—A broker person identified on line 1 must sign.Exempt payees,see Exempt payee L—A trust exempt from tax under section 664 or described in section code, earlier. 4947(a)(1) Signature requirements.Complete the certification as indicated in items 1 through 5 below. Form W-9(Rev.10-2018) Page 5 1.Interest,dividend,and barter exchange accounts opened For this type of account: Give name and EIN of: before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the 14.Account with the Department of The public entity certification. Agriculture in the name of a public entity(such as a state or local 2.Interest,dividend,broker,and barter exchange accounts government,school district,or opened after 1983 and broker accounts considered inactive during prison)that receives agricultural 1983.You must sign the certification or backup withholding will apply. If program payments you are subject to backup withholding and you are merely providing your correct TIN to the requester,you must cross out item 2 in the 15.Grantor trust filing under the Form The trust certification before signing the form. 1041 Filing Method or the Optional 3.Real estate transactions.You must sign the certification.You may Form 1099 Filing Method 2(see cross out item 2 of the certification. Regulations section 1.671-4(b)(2)(i)(B)) 4.Other payments.You must give your correct TIN, but you do not 1 List first and circle the name of the person whose number you furnish. have to sign the certification unless you have been notified that you If only one person on a joint account has an SSN,that person's number have previously given an incorrect TIN."Other payments"include must be furnished. payments made in the course of the requester's trade or business for 2 Circle the minor's name and furnish the minor's SSN. rents, royalties,goods(other than bills for merchandise),medical and health care services(including payments to corporations),payments to 3 You must show your individual name and you may also enter your a nonemployee for services,payments made in settlement of payment business or DBA name on the "Business name/disregarded entity" card and third party network transactions,payments to certain fishing name line.You may use either your SSN or EIN(if you have one),but the boat crew members and fishermen,and gross proceeds paid to IRS encourages you to use your SSN. attorneys(including payments to corporations). ^List first and circle the name of the trust,estate,or pension trust. (Do 5.Mortgage interest paid by you,acquisition or abandonment of not furnish the TIN of the personal representative or trustee unless the secured property,cancellation of debt,qualified tuition program legal entity itself is not designated in the account title.)Also see Special payments(under section 529),ABLE accounts(under section 529A), rules for partnerships,earlier. IRA,Coverdell ESA,Archer MSA or HSA contributions or *Note:The grantor also must provide a Form W-9 to trustee of trust. distributions,and pension distributions.You must give your correct Note: If no name is circled when more than one name is listed,the TIN,but you do not have to sign the certification. number will be considered to be that of the first name listed. What Name and Number To Give the Requester Secure Your Tax Records From Identity Theft For this type of account: Give name and SSN of: Identity theft occurs when someone uses your personal information 1.Individual The individual such as your name,SSN,or other identifying information,without your 2.Two or more individuals(joint The actual owner of the account or,if permission,to commit fraud or other crimes.An identity thief may use account)other than an account combined funds,the first individual on your SSN to get a job or may file a tax return using your SSN to receive maintained by an FFI the account' a refund. 3.Two or more U.S.persons Each holder of the account To reduce your risk: (joint account maintained by an FFI) •Protect your SSN, 4.Custodial account of a minor The minor' -Ensure your employer is protecting your SSN,and (Uniform Gift to Minors Act) -Be careful when choosing a tax preparer. 5.a.The usual revocable savings trust The grantor-trustee' If your tax records are affected by identity theft and you receive a (grantor is also trustee) notice from the IRS, respond right away to the name and phone number b.So-called trust account that is not The actual owner printed on the IRS notice or letter. a legal or valid trust under state law If your tax records are not currently affected by identity theft but you 6.Sole proprietorship or disregarded The owner' think you are at risk due to a lost or stolen purse or wallet,questionable entity owned by an individual credit card activity or credit report,contact the IRS Identity Theft Hotline 7.Grantor trust filing under Optional The grantor* at 1-800-908-4490 or submit Form 14039. Form 1099 Filing Method 1 (see For more information,see Pub.5027, Identity Theft Information for Regulations section 1.671-4(b)(2)(i) Taxpayers. (A)) Victims of identity theft who are experiencing economic harm or a For this type of account: Give name and EIN of: systemic problem,or are seeking help in resolving tax problems that 8.Disregarded entity not owned by an The owner have not been resolved through normal channels,may be eligible for individual Taxpayer Advocate Service(TAS)assistance.You can reach TAS by 9.A valid trust,estate,or pension trust Legal entity' calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. 10.Corporation or LLC electing The corporation Protect yourself from suspicious emails or phishing schemes. corporate status on Form 8832 or Phishing is the creation and use of email and websites designed to Form 2553 mimic legitimate business emails and websites.The most common act 11.Association,club,religious, The organization is sending an email to a user falsely claiming to be an established charitable,educational,or other tax- legitimate enterprise in an attempt to scam the user into surrendering exempt organization private information that will be used for identity theft. 12.Partnership or multi-member LLC The partnership 13.A broker or registered nominee The broker or nominee Form W-9(Rev.10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails.Also,the Privacy Act Notice IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access Section 6109 of the Internal Revenue Code requires you to provide your information for their credit card,bank,or other financial accounts. correct TIN to persons(including federal agencies)who are required to If you receive an unsolicited email claiming to be from the IRS, file information returns with the IRS to report interest,dividends,or forward this message to phishing@irs.gov.You may also report misuse certainqus other income paid abandonmentto you;f mortgaged property;interest the you paid;the f of the IRS name,logo,or other IRS property to the Treasury Inspector debt;acquisition contributionsr youmade secured A,cancellationh General for Tax Administration(TIGTA)at 1-800-366-4484.You can nsor ollcing you us to information IRA,Archer the formo HSA.The forward suspicious emails to the Federal Trade Commission at person collecting s this form uses the on tio file. spam@uce.gov or report them at www.ftc.gov/complaint.You can Routine i uses returns informationh theIRS include reporting the above information. Department contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT(877-438-4338). JustRoutine civilo this imin n givingv it to the De the Dent of If you have been the victim of identity theft,see www.IdentityTheft.gov Columbia,i for d U.Sand criminal litigation and to cities,states,nsf the District of and Pub.5027. and U.S.commonwealths and possessions for use in administering their laws.The information also may be disclosed to other Visit www.irs.gov/IdentityTheft to learn more about identity theft and countries under a treaty,to federal and state agencies to enforce civil how to reduce your risk. and criminal laws,or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. SECTION 00430 TRENCH SAFETY AFFIDAVIT Trench excavations on Projects authorized under this Contract are expected to be in excess of 5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards, will be in effect during the period of construction of the Project. Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of FL) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder further identifies the costs as follows: Units of Trench Safety Item Unit Measure Unit Extended (Description) Quantity (LF, SY) Cost Cost BASE BID ITEMS: A. B. ALTERNATE NO. 1 ITEMS: TOTAL $ FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON-RESPONSIVE. COMPANY NAME: DATE: BY: 00430-1 CCUA Project No. 1127-003 Trench Safety Affidavit Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONALLY BLANK 00430-2 CCUA Project No. 1127-003 Trench Safety Affidavit Governor's Park WTP August 2022 Supply Well Drilling DOCUMENT 00440 BONDING CAPACITY CERTIFICATION LETTER OWNER: Clay County Utility Authority 3176 Old Jennings Road Middleburg, FL 32068 904-272-5999 Bidder: Firm Name: Address: City, State, Zip: Phone: This letter serves as a certified statement that the Surety Company's authorized bonding Capacity for the referenced Bidder will not be exceeded by the inclusion of Bidder's Submitted Bid for Governor's Park WTP Supply Well Drilling, CCUA Project No. 1127-003, CCUA Bid No. 21/22-A26. The present limits on bonding for the referenced Contractor are as follows: $ each occurrence $ aggregate Percentage of bonding capacity expended with inclusion of this Bid_%Bidder's Bonding Rate_% Amount of ALL projects that the Bidder is currently preparing bid/proposals and/or have not yet been awarded: (Amount indicated above must be representative of all projects inclusive of delivery methods such as the following but not limited to: Competitive Bids, Competitive Sealed Proposals, Design-Build, Construction Manager at Risk,Job Order Contracting etc.,) Issuance and approval of any bond shall be predicated on the most current financial and job information available to the underwriter on the date that the bond is issued. The Surety Company hereby certifies that they are duly authorized by certificate of authority issued by the State of Florida and that they are rated as follows: A.M. Best Rating: Financial Size Category: Notes: This is the only acceptable format for the Surety's Bonding Capacity Certification Letter. This statement must be notarized (on an original document with an embossed stamp). Power of Attorney form must be attached. SURETY COMPANY Surety Company Name: Address: 00440-1 CCUA Project No. 1127-003 Bonding Capacity Certification Letter Governor's Park WTP August 2022 Supply Well Drilling City, State, Zip Code: Authorized Signature: Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority who after firstbeing sworn by me, affixed his/her (name of individual signing) signature in the space provided above on this day of , 20_. My commission expires: NOTARY PUBLIC END OF SECTION 00440-2 CCUA Project No. 1127-003 Bonding Capacity Certification Letter Governor's Park WTP August 2022 Supply Well Drilling DOCUMENT 00500 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between CLAY COUNTY UTILITY AUTHORITY (owner) and (Contractor) Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 -WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Governor's Park WTP Supply Well Drilling Clay County Utility Authority Project No. 1127-003, Bid No. 21/22-A26 The Contractor shall furnish,unless otherwise noted, all necessary permits,labor, equipment,and materials to complete the following at the Governor's Park WTP site, located west of S. Oakridge Ave. and south of Boulevard Road in Green Cove Springs, Clay County, Florida: Construct two 20-inch diameter supply wells, Well No. 1 and Well No. 2 Total Depth [TD] up to approximately 1,200 feet. The wells shall be completed with a final carbon steel casing set to approximately 400 feet and cemented to surface. All materials, methods of construction, and standards must be in accordance with the AUTHORITY's approved material manual, specs, and details. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Governor's Park WTP Supply Well Drilling Clay County Utility Authority Project No. 1127-003, Bid No. 21/22-A26 ARTICLE 3 - ENGINEER 00500-1 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling 3.01 The part of the Project that pertains to the Work has been designed by Dewberry Engineers, Inc. and their subconsultant ASRUS, Inc. Dewberry Engineers, Inc. James Simmons, P.G. 800 North Magnolia Ave., Suite 1000 Orlando, Florida 32803 (863) 345-0838 CA# 8794 Mark McNeal, P.G. ASRUS LLC P.O. BOX 271686 TAMPA FL 33688-1686 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 210 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 240 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner$100 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final 00500-2 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.0 below: A. For all Work other than Unit Price Work, a Lump Sum of: $ (Numerals) (Written) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make one progress payment per month on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 1st or 3rd Wednesday of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A 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: 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 may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. Ninety-five percent (95%) of the Work completed including the cost of materials and equipment stored and secured on the Site, but not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total 00500-3 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling payments to Contractor to ninety-five percent (95%) of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less one hundred percent (100%) of Engineer's estimate of the value of the Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Project Closeout A. Owner shall develop a list of items required to render complete, satisfactory, and acceptable the Work purchased by Owner. The process for the development of the list, including responsibilities of Owner and Contractor in developing and reviewing the list and a reasonable time for developing the list, are as follows: 1. For construction projects having an estimated cost of less than $10 million, within 30 calendar days after reaching substantial completion of the Work; or 2. For construction projects having an estimated cost of $10 million or more, within 30 calendar days, unless otherwise extended by contract not to exceed 60 calendar days, after reaching substantial completion of the Work. B. If this Agreement between Owner and Contractor relates to Work covering more than one building or structure, or involves a multi-phased Project, the list shall contain items required to render complete, satisfactory, and acceptable all of the Work for each building, structure, or phase of the Project within the time limitations provided in subsection 1, above. C. The failure to include any corrective work or pending items not yet competed on the list developed pursuant to subsection 1 or subsection 2, above, does not alter the responsibility of the Contractor to complete all of the Work. D. Upon completion of all items on the list, Contractor may submit a payment request for all remaining retainage withheld by Owner pursuant to Section 255.078, Florida Statutes (2007) or any successor statue thereto. If a good faith dispute exists as to whether one or more items identified on the list have been completed pursuant to this Agreement, Owner may continue to withhold an amount not to exceed one-hundred fifty percent (150%) of the total costs to complete such items. E. All items of the Work that require correction under this Agreement and that are identified after the preparation and delivery of the list remain the obligation of Contractor as defined by this Agreement. F. Warranty items may not affect the final payment of retainage as provided in this section or as provided in this Agreement between Contractor and its subcontractors and suppliers. G. Retainage may not be held by Owner or Contractor to secure payment of insurance premiums under a consolidated insurance program or series of insurance policies issued to Owner or Contractor for the Project or a group of projects, and the final payment of retainage as provided in the section may not be delayed pending a final audit by Owner's or Contractor's insurance provider. H. If Owner fails to comply with its responsibilities to develop the list required under subsection 1 or 00500-4 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling subsection 2, above, as defined in this Agreement, within the time limitations provided in subsection 1, above, Contractor may submit a payment request for all remaining retainage withheld by Owner pursuant to Section 255.078, Florida Statutes (2007) or any successor statue thereto. Owner need not pay or process any payment request for retainage if Contractor has, in whole or in part, failed to cooperate with Owner in the development of the list of failed to perform its contractual responsibilities, if any, with regard to the development of the list or if Section 255.078 (6), Florida Statutes (2007) or any successor statue thereto applies. 6.04 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All payments due for the Work as provided in Article 14 of the General Conditions and not made within the applicable time limits shall bear interest at the rate specified in Section 255.073 (4), Florida Statutes (2007) or any successor statue thereto. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. See Appendix for Geotechnical Report. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be 00500-5 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00500-1 to 00500-9, inclusive). 2. Performance bond (pages 00600-1 to 00600-2, inclusive). 3. Payment bond (pages 00600-1 to 00600-2, inclusive). 4. General Conditions (C-700 pages 1 to 61, inclusive). 5. Supplementary Conditions (pages 0800-1 to 00800-13, inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings consisting of four sheets with each sheet bearing the following general title: Governor's Park WTP Supply Well Drilling. 8. Addenda (numbers to , inclusive). 00500-6 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages to , inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive). c. Document 00_43_36 - Proposed Subcontractors Form. d. Document 00_43_35 - List of Equipment Manufacturers 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to , inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in this Agreement 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. 10.03 Successors and Assigns 00500-7 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling A. 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 to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions A. WAIVER: The failure of either party to exercise any of its rights is not a waiver of those rights. A party waives only those rights specified in writing and signed by the party waiving its rights. Oral modification or rescission of this Agreement by an employee or agent of either party, shall not release either party of its obligations under this Agreement, shall not be deemed a waiver of any rights of either party to insist upon strict performance hereof, or of either party's rights or remedies under this Agreement or by law, and shall not operate as a waiver of any of the provisions hereof. 00500-8 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CLAY COUNTY UTILITY AUTHORITY By: By: Jeremy D. Johnston, P.E., MBA Executive Director [CORPORATE SEAL] Attest: Attest: Address for giving notices: Address for giving notices: 3176 Old Jennings Road Middleburg, Florida 32068 License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a Partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Warrick Sams, MBA, CPPO Name: Title: Construction and Inspection Title: Services Manager Address: 3176 Old Jennings Road Address: Middleburg, Florida 32068 Phone: (904) 213-2403 Phone: Facsimile: (904) 213-2469 Facsimile: 00500-9 CCUA Project No. 1127-003 Standard Form of Agreement Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE INTENTIONALLY LEFT BLANK DOCUMENT 00600 PUBLIC CONSTRUCTION PERFORMANCE AND PAYMENT BOND BY THIS BOND, We , as principal and , a Corporation, as Surety, are bound to Clay County Utility Authority, an independent special district existing under Chapter 94- 491, Laws of Florida, Special Acts of 1994, herein called Owner, in the sum of $ , for performance, and the separate and additional sum of$ , for payment,for the payment of each of which we bind ourselves, our heirs, personal representatives, successors and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 20 , between Principal and Owner for construction of ,the contract being made a part of this Bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this Bond is void, otherwise it remains in full force. This Bond is to be deemed a Statutory Bond under Section 255.05, Florida Statutes,the provisions of which are hereby incorporated by reference and made a part hereof. All interested parties are specifically directed to the following provisions regarding time and notice limitations as set out in Section 255.05(2), Florida Statutes: A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies, shall within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of work, furnish the Contractor with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site 00600-1 CCUA Project No. 1127-003 Public Construction Performance and Payment Bond Governor's Park WTP August 2022 Supply Well Drilling available for use, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the Payment Bond or the payment provisions of a combined Payment and Performance Bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this Bond. Dated On: Principal's Address: Surety's Address: Project Description and Location: Governor's Park WTP Supply Well Drilling Clay County Utility Authority CCUA Project No. 1127-003 CCUA Bid. No. 21/22-A26 (Principal) By: (Surety) By: (Attorney-in-Fact) END OF SECTION 00600-2 CCUA Project No. 1127-003 Public Construction Performance and Payment Bond Governor's Park WTP August 2022 Supply Well Drilling Section 00650 Request for Information (RFI) Project: Governor's Park WTP Supply Well Drilling RFI No.: Date: Owner: CCUA Project No.: 1127-003 Project Manager: Engineer: Project No.: Project Manager: Contractor: Project No.: Project Manager: To: From: Contract document reference(s): Description of RFI: ❑ Information ❑ Clarification ❑ Interpretation Request for the items [Described Below]/[in the Attached]: Requested By: Date: Signature To: From: Response to RFI: ❑ Information ❑ Clarification ❑ Interpretation Response to your request [Described Below]/[in the Attached]: Response By: _ Date: Signature 00650-1 CCUA Project No. 1127-003 Request for Information Governor's Park WTP August 2022 Supply Well Drilling Section 00650 Request for Information (RFI) CC: 00650-2 CCUA Project No. 1127-003 Request for Information Governor's Park WTP August 2022 Supply Well Drilling SECTION 00660 CHANGE ORDER REQUEST FORM Project: Governor's Park Supply Well Drilling Project No.: 1127-003 Clay County Utility Authority Change Order No.: Change in Contract Times (Days) (Days) Original Contract time: Substantial Completion: Ready for Final Payment: Increased from previous C.O.: Substantial Completion: Ready for Final Payment: Decreased from previous C.O.: Substantial Completion: Ready for Final Payment: Contract time prior to this C.O.: Substantial Completion: Ready for Final Payment: Increase in time on this C.O.: Substantial Completion: Ready for Final Payment: Decrease in time on this C.O.: Substantial Completion: Ready for Final Payment: Contract time with all approved C.O.s: Substantial Completion: Ready for Final Payment: Change in Contract Price Original Contract Price: Increased from previously approved C.O.: Decreased from previously approved C.O.: Increase in Contract price this C.O.: Decrease in Contract price this C.O.: Contract price with all approved C.O.s: The undersigned Contractor certifies to the best of my knowledge and belief: (1) all items and amounts shown above are correct; (2) all Work performed and Reimbursable Expenses fully comply with the terms and conditions of the Contract Documents; (3) all previous progress payments received from Clay County Utility Authority (CCUA) , on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of Contractor incurred in connection with Work covered by prior Applications for Payment; (4) title to all materials and deliverables incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to the CCUA at the time of payment clear of all liens, claims, security interests and encumbrances; (5) payment is due and has not been previously requested for these amounts; (6) no markup has been applied to reimbursable expenses. Contractor Name and Title 00660-1 CCUA Project No. 1127-003 Governor's Park Supply Well Drilling CHANGE ORDER REQUEST FORM August 2022 SECTION 00660 CHANGE ORDER REQUEST FORM Cost Break Down Form: (instructions: use a separate form for each individual work item) Description Unit Quantity Unit Cost Extended Cost Labor $ Materials $ Equipment $ Maintenance of Traffic $ Bonding $ General Conditions $ Overhead and Profit $ Total firm fixed cost not to exceed amount: $ Note: attached supporting documentation RFI No. initiating the change: Description: Justification for the request: State the firm fixed cost not to exceed amount in words: Contractor Signature: Date: Printed Name: Title: 00660-2 CCUA Project No. 1127-003 Governor's Park Supply Well Drilling CHANGE ORDER REQUEST FORM August 2022 SECTION 00700 GENERAL CONDITIONS 1.01 GENERAL A. The GENERAL CONDITIONS for this contract are the Standard General Conditions of the Construction Contract, Document C-700, 2007 Edition, prepared by the Engineers Joint Contract Documents Committee(EJCDC) and issued and published jointly by the National Society of Professional Engineers (NSPE),ACEC, ASCE and CSI (EJSDC). B. All provisions of the GENERAL CONDITIONS of EJCDC Document C- 700 not amended of supplemental herein, or in the SUPPLEMENTARY CONDITIONS, shall remain in full force and effect. 1.02 SUPPLEMENTARY CONDITIONS C. The provisions of the GENERAL CONDITIONS and the Modifications herein,may be further modified in the SUPPLEMENTARY CONDITIONS and in Division 1, GENERAL REQUIREMENTS. END OF SECTION 00700-1 CCUA Project No. 1127-003 General Conditions Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONALLY BLANK 00700-2 CCUA Project No. 1127-003 General Conditions Governor's Park WTP August 2022 Supply Well Drilling STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by i \ `t0 6EXo4 a ACEC y � AMERICAN COUNfII.(11 I'.Nc.I NI.I.ItINf.(�(t MI'ANII'.ti '� `\6 S K I L L p l INTlORITT FdPON31l0 National Society of ASCe American Society of Civil Engineers Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright© 2007 National Society of Professional Engineers 1420 King Street, Alexandria,VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston,VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 5 Article 2—Preliminary Matters 6 2.01 Delivery of Bonds and Evidence of Insurance 6 2.02 Copies of Documents 6 2.03 Commencement of Contract Times;Notice to Proceed 6 2.04 Starting the Work 7 2.05 Before Starting Construction 7 2.06 Preconstruction Conference; Designation of Authorized Representatives 7 2.07 Initial Acceptance of Schedules 7 Article 3—Contract Documents: Intent, Amending,Reuse 8 3.01 Intent 8 3.02 Reference Standards 8 3.03 Reporting and Resolving Discrepancies 9 3.04 Amending and Supplementing Contract Documents 9 3.05 Reuse of Documents 10 3.06 Electronic Data 10 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions;Reference Points 10 4.01 Availability of Lands 10 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 11 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5—Bonds and Insurance 16 5.01 Performance,Payment, and Other Bonds 16 5.02 Licensed Sureties and Insurers 16 5.03 Certificates of Insurance 16 5.04 Contractor's Insurance 17 5.05 Owner's Liability Insurance 18 5.06 Property Insurance 18 5.07 Waiver of Rights 20 5.08 Receipt and Application of Insurance Proceeds 21 5.09 Acceptance of Bonds and Insurance; Option to Replace 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.10 Partial Utilization, Acknowledgment of Property Insurer 21 Article 6-Contractor's Responsibilities 22 6.01 Supervision and Superintendence 22 6.02 Labor; Working Hours 22 6.03 Services, Materials, and Equipment 22 6.04 Progress Schedule 23 6.05 Substitutes and"Or-Equals" 23 6.06 Concerning Subcontractors, Suppliers, and Others 25 6.07 Patent Fees and Royalties 26 6.08 Permits 27 6.09 Laws and Regulations 27 6.10 Taxes 28 6.11 Use of Site and Other Areas 28 6.12 Record Documents 29 6.13 Safety and Protection 29 6.14 Safety Representative 30 6.15 Hazard Communication Programs 30 6.16 Emergencies 30 6.17 Shop Drawings and Samples 30 6.18 Continuing the Work 32 6.19 Contractor's General Warranty and Guarantee 32 6.20 Indemnification 33 6.21 Delegation of Professional Design Services 34 Article 7-Other Work at the Site 34 7.01 Related Work at Site 34 7.02 Coordination 35 7.03 Legal Relationships 35 Article 8-Owner's Responsibilities 36 8.01 Communications to Contractor 36 8.02 Replacement of Engineer 36 8.03 Furnish Data 36 8.04 Pay When Due 36 8.05 Lands and Easements; Reports and Tests 36 8.06 Insurance 36 8.07 Change Orders 36 8.08 Inspections, Tests, and Approvals 36 8.09 Limitations on Owner's Responsibilities 36 8.10 Undisclosed Hazardous Environmental Condition 37 8.11 Evidence of Financial Arrangements 37 8.12 Compliance with Safety Program 37 Article 9-Engineer's Status During Construction 37 9.01 Owner's Representative 37 9.02 Visits to Site 37 9.03 Project Representative 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.04 Authorized Variations in Work 38 9.05 Rejecting Defective Work 38 9.06 Shop Drawings, Change Orders and Payments 38 9.07 Determinations for Unit Price Work 38 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 39 9.09 Limitations on Engineer's Authority and Responsibilities 39 9.10 Compliance with Safety Program 40 Article 10-Changes in the Work; Claims 40 10.01 Authorized Changes in the Work 40 10.02 Unauthorized Changes in the Work 40 10.03 Execution of Change Orders 40 10.04 Notification to Surety 41 10.05 Claims 41 Article 11 -Cost of the Work; Allowances; Unit Price Work 42 11.01 Cost of the Work 42 11.02 Allowances 44 11.03 Unit Price Work 45 Article 12-Change of Contract Price; Change of Contract Times 45 12.01 Change of Contract Price 45 12.02 Change of Contract Times 47 12.03 Delays 47 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48 13.01 Notice of Defects 48 13.02 Access to Work 48 13.03 Tests and Inspections 48 13.04 Uncovering Work 49 13.05 Owner May Stop the Work 49 13.06 Correction or Removal of Defective Work 49 13.07 Correction Period 50 13.08 Acceptance of Defective Work 51 13.09 Owner May Correct Defective Work 51 Article 14-Payments to Contractor and Completion 52 14.01 Schedule of Values 52 14.02 Progress Payments 52 14.03 Contractor's Warranty of Title 54 14.04 Substantial Completion 55 14.05 Partial Utilization 55 14.06 Final Inspection 56 14.07 Final Payment 56 14.08 Final Completion Delayed 57 14.09 Waiver of Claims 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii Article 15—Suspension of Work and Termination 58 15.01 Owner May Suspend Work 58 15.02 Owner May Terminate for Cause 58 15.03 Owner May Terminate For Convenience 59 15.04 Contractor May Stop Work or Terminate 60 Article 16—Dispute Resolution 60 16.01 Methods and Procedures 60 Articl0 17—Miscellaneous 61 17.01 Giving Notice 61 17.02 Computation of Times 61 17.03 Cumulative Remedies 61 17.04 Survival of Obligations 61 17.05 Controlling Law 61 17.06 Headings 61 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 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 terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements,whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 61 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and(iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective,but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 61 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which liquid at standard conditions of temperature and pressure is (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule,prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 61 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 61 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 61 E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services,materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site 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 other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 61 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference;Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 61 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors,members,partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 61 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification,manual, or code, or(c) any instruction of any Supplier,then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized,by one or more of the following ways: 1. A Field Order; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 61 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof)prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 61 comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 61 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however,to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 61 subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 61 agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 61 Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 61 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 61 insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 61 exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 61 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 61 insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 61 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other parry's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization,Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 61 ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance,testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 61 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 61 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales,maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 61 B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 61 entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 61 use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members,partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 61 and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 61 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 61 any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 61 b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 61 Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 61 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection,test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property(other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 61 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals,provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 61 access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 61 ARTICLE 8—OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 61 and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 61 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 61 on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data)upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 61 and in the case of certificates of inspections,tests, and approvals that the results certified indicate compliance with,the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 61 executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to 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 Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal(unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 61 E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 61 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 61 B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 61 b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 61 B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3,the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b 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 Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 61 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor,the Contract Times will be 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 include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 61 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections,tests, or approvals required by the Contract Documents except: 1. for inspections,tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections,tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 61 E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor,material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 61 architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion(or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 61 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer)prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction,removal, or replacement of Contractor's defective Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 61 D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment(but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will,within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 61 review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 61 a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D)become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 61 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 61 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any,to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 61 d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 61 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 61 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 61 dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii)Engineer fails to act on any Application for Payment within 30 days after it is submitted, or(iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless,within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 61 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation,right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. END OF SECTION EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 SECTION 00800 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS The following supplements modify, change from or add to the Standard General Conditions of the Construction Contract, EJCDC Document C-700, 2007 Edition. Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered provisions shall remain in effect. ARTICLE 1 — DEFINITIONS AND TERMINOLOGY SC-1.01 .A Add the following sentence to "27. Notice of Award": "When requested by OWNER, the Notice of Award may be issued by the ENGINEER." SC-1.01 .A Add the following sentence to "28. Notice to Proceed": "When requested by OWNER, the Notice to Proceed may be issued by ENGINEER." SC 1.01.A Add the following new Defined Terms: 53. ARCHITECT/ENGINEER — The person, firm or corporation named as the ENGINEER in the Agreement. 54. Provide — As used in the Project Manual, means to furnish and install, complete and ready for intended use. 55. Product - As used in the Project Manual, includes materials, fabrications, systems and equipment. 56. Proprietary Item - As used in the Project Manual, includes goods, equipment, or materials integrated into the operations; considered strategic; requires compatibility with existing goods, equipment, or materials; or which could not be replaced or incorporated without substantial expenditures and the CONTRACTOR shall include the specific item specified from the manufacturer or supplier indicated. 57. Construct — As used in the Project Manual, means to furnish and install, complete and ready for intended use. ARTICLE 2 — PRELIMINARY MATTERS SC-2.02.A In the first line, change the term "...ten..." to read"...three...". SC-2.03.A Delete Paragraph 2.03.A in its entirety and replace with the following: 00800-1 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling "2.03 Commencement of Contract Times: Notice to Proceed A. 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." SC-2.05.A Add the following new subparagraphs to paragraph 2.05A: "4. CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where specified, approved Shop Drawings for such portion of the Work. 5. By executing the Contract, CONTRACTOR represents that he has visited the site, 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." SC-2.05.B Add the following new subparagraphs to paragraph 2.05: "B. Notice of Commencement: Prior to starting construction, the CONTRACTOR shall record a Notice of Commencement in the Clay County Clerk's office and forthwith post either a certified copy thereof or a notarized statement that the Notice of Commencement has been filed for recording along with a copy thereof at the job site. 1. The CONTRACTOR shall submit a copy of the Notice of Commencement to the OWNER and ENGINEER for review. 2. The Notice of Commencement shall comply with the requirements of Chapter 713.13 Florida Statues. 3. The Notice of Commencement shall reference that the CONTRACTOR has furnished a Payment Bond for the improvement of real property and the OWNER will look to the CONTRACTOR's Payment Bond for protection on the work in accordance with Chapter 713.23 Florida Statues." ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC-3.01 .B Add the following sentence to Paragraph 3.01 B: "CONTRACTOR shall be responsible for the construction and coordination of the parts of the Project, and all systems provided shall be completely compatible and fully functional without additional cost to OWNER." SC-3.02.A. Add the following new subparagraph to paragraph 3.02.A: 00800-2 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling "3. Sections of Division One - General Requirements govern the execution of all sections of the Specifications." ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCED POINTS SC-4.06 Delete Paragraphs 4.06.A and 4.06.E in their entirety and insert the following: "A. No reports on drawings related to Hazardous Environmental Conditions are known to Owner or Engineer. B. Not Used." ARTICLE 5 - BONDS AND INSURANCE SC-5.04.A In the first line of Paragraph 5.04.A, following the word" ...maintain...", insert the words, "...in a company or companies licensed to do business in the State of Florida by an insurer holding a current certificate of authority pursuant to Chapter 624, F. 5,...". SC-5.04.A. 1 Add the following to the end of the paragraph. "Contractor's claiming a worker's compensation statutory exemption shall not be allowed to perform work under this Agreement without a separate worker's compensation policy;" SC-5.04 Add the following new paragraph immediately after paragraph 5.04.B.6. 7. The General Liability and Workers Compensation policies shall be endorsed to provide a waiver of underwriter's rights of subrogation in favor of the Owner. 8. The General Liability policy shall designate the Owner as an Additional Insured. 9. Such insurance shall list the Owner as a named insurance certificate holder. SC-5.04 Add the following new paragraph immediately after paragraph 5.04.B: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 00800-3 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling 1. Worker's Compensation, and related coverages under paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State Statutory b. Applicable Federal (e.g. Longshoreman's, Harbor Workers' Compensation Act or Jones Act): Statutory c. Employer's Liability Limits Provide Below 2. Contractor's General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1 ,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily injury and Property Damage) $1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions: 00800-4 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling a. Combined Single Limit per occurrence of $1,000,000 4. The Contractual Liability coverage required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury Each Accident $1 ,000,000 Annual Aggregate $1,000,000 b. Property Damage: Each Accident $1 ,000,000 Annual Aggregate $1,000,000 5. Builders Risk Full Replacement 6. Installation Floater Full Replacement 7. Environmental Pollution Liability Bodily injury, Property Damage and Cleanup cost. a. Each Occurrence $1,000,000 Annual Aggregate $1,000,000 8. Environmental Impairment Liability Insurance: a. Sudden and accidental occurrences $1,000,000 Non-sudden occurrences $1,000,000 SC-5.05.A. Delete Section in its entirety and insert the following in its place: 5.05 Contractor's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Contractor may purchase and maintain at Contractor's expense Contractor's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Contractor shall purchase and maintain at Contractor's expense ensuing loss provision that includes faulty design, faulty 00800-5 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling materials, faulty workmanship or mechanical breakdown for the full replacement cost of the project. SC-5.06.A Delete Paragraph 5.06.A in its entirety and insert the following in its place: A. The CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the Total Project Cost thereof, including soft costs. Any exclusions or provisions in the insurance maintained by the CONTRACTOR that excludes coverage for work contemplated in this Agreement shall be deemed unacceptable and shall be considered breach of contract. CONTRACTOR's insurance coverage shall be primary insurance as respects to the OWNER for all applicable policies. The coverages, limits and/or endorsements required herein protect the primary interests of the OWNER, and these coverages, limits and/or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect the CONTRACTOR against any loss exposures, whether as a result of this Agreement or otherwise. This property insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. The CONTRACTOR's insurance coverage shall be primary insurance as respects to the Owner, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the OWNER, its officials, employees, or volunteers shall be excess of the CONTRACTOR's insurance and shall be non-contributory; 2. for the installation of property and/or equipment be written on a Builder's Risk All Risk, Special Risk, or Special Causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, property, temporary buildings, temporary structures, temporary works, falsework, underground works, site work, paving, machinery, foundations, pipework, site preparation, excavations, equipment breakdown for cold testing, hot testing, waiver of occupancy clause endorsement, materials and equipment in transit and shall insure against at least the following perils or causes or loss: fire; explosion; lightning extended coverage; theft, vandalism and malicious mischief; flood with no coinsurance clause; rising water; collapse; debris removal; demolition occasioned by enforcement of Laws and Regulations; wind; hurricane, tornado, and windstorm with no coinsurance clause; water damage; mechanical breakdown; and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. The Builders Risk should include waivers of subrogation to the extent damage is covered by the Builders Risk policy in favor of the OWNER, and the policy itself must allow for a written waiver of subrogation. Named Windstorm Deductibles, if 00800-6 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling any, must be disclosed. The policy shall contain no coinsurance clauses and note the individual coverages; 3. for the installation of materials and supplies include an Installation Floater that shall at least include all materials, equipment, and supplies in CONTRACTOR's care, custody or control intended for installation at the Work site including transit to and from the Work site, awaiting and during installation, equipment breakdown for cold testing and hot testing such as: plumbing, HVAC, underground works, electrical systems, machinery, equipment, flooring, roofing, site piping, well casings, pumps, motors, meters, instrumentation and controls, windows, doors, generators, fixtures, hatches, lights, fencing, railings, ladders, walkways, instruments of transit, moveable goods, etc. The Installation Floater shall cover losses caused by: fire; lightning extended coverage; theft; explosion; vandalism and malicious mischief; flood with no coinsurance clause; rising water; hurricane, tornado, and windstorm with no coinsurance clause; water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. The policy shall contain no coinsurance clauses and note the individual coverages; 4. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 5. cover property, supplies, materials and equipment stored at the Site or at another location in CONTRACTOR's care, custody or control including transit to and from the Work site; 6. allow for partial utilization of the Work by OWNER and include a waiver of occupancy clause endorsement; 7. include testing and startup including equipment breakdown for cold testing and hot testing; 8. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued; B. The CONTRACTOR has the sole responsibility for all insurance premiums or self-insured retention and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self- insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the OWNER as an Additional Insured shall be at the CONTRACTOR's expense; 00800-7 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC-5.06.B Delete paragraph 5.06.E in its entirety and insert in its place: B. Contractor shall be responsible for any deductibles or self-insured certificates. SC-5.06.0 Delete and replace the policies of insurance required to be purchased and maintained by the Contractor, in accordance with this paragraph SC-5.06 shall comply with the requirements of paragraphs in 5.06C of the general conditions. SC-5.06.E Delete Paragraph 5.06 E and replace with the following: E. Environmental Pollution Liability Insurance: Shall be maintained by the Contractor for sudden and gradual occurrences arising out of the work being performed by or on behalf of the Contractor under this Contract and include. Coverage shall include but not be limited to, all hazardous materials identified under said Contract and all materials and substances that are designated or defined as hazardous by Florida or Federal law or by the rules or regulations of Florida or any Federal Agency. Coverage shall respond to claims for pollution condition resulting in bodily injury and property damage to others and for clean- up costs. The extended claims reporting period following completion of the task, shall no be less than thirty-six (36) months. Deductible applicable subject to the written approval of the Owner and shall be the responsibility of the Contractor. The limit of coverage shall not be less than: Bodily Injury, Property Damage $1,000,000.00 Each and Clean Up Costs Occurrence and Aggregate SC-5.06.F Add Paragraph 5.06 F with the following: F. Environmental Impairment Liability Insurance: The CONTRACTOR shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance, covering liability for sudden and accidental occurrences. sudden and accidental occurrences $1,000,000.00 Each Occurrence non-sudden occurrences $1 ,000,000.00 Each Occurrence ARTICLE 6 - CONTRACTORS'S RESPONSIBILITIES 00800-8 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling SC-6.01C Add the following after Paragraph 6.01.B: " The CONTRACTOR's Project Manager and Superintendent shall be employed by the CONTRACTOR's firm and have at least five (5) years of verifiable experience matching the scope, type and complexity of construction services performed on this project. Failure to provide experienced project management during the Agreement shall be deemed unacceptable and shall be considered breach of contract." SC-6.03.B Add the following after Paragraph 6.03.B: "The use of asbestos or asbestos-based fiber materials is prohibited in this Project." SC-6.06. Add the following sentence at the end of paragraph 6.06.G: "H. OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individuals or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity." SC-6.13 Add the following new paragraph: "C. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards are in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Contractor or subcontractor performing trench excavation work on the Project shall comply with the applicable trench safety standards." SC-6.13 Add the following new paragraph at the end of paragraph 6.13 D: "E. All Contractors or Entities performing or furnishing any work for Clay County Utility Authority ("CCUA") must carry Workers' Compensation insurance coverage for themselves and for any employees, independent contractors, and/or other individuals who perform work on the project under the supervision of the Contractor or Entity. All those providing work shall furnish CCUA with evidence, which shall be in form and content satisfactory to CCUA, of current Workers' Compensation insurance coverage secured by the Contractor or Entity for themselves and employees, independent contractors, and/or any other individuals performing or furnishing any of the work on the project before any Contractor or Entity, employees, independent contractors and/or any other individuals begin work on the project." SC-6.13 Add the following at the end of paragraph 6.16 A.: 00800-9 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling "Emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto shall be immediately corrected upon notiification by the Owner/Engineer or within 60 minutes or less when notified after normal working hours." SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: "F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than two submittals pursuant to paragraphs 6.17A and 6.17B. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval. The Contractor shall reimburse Owner for the Engineer's reasonable charges for such time. G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse Owner for Engineer's charges for such time unless the need for such substitution is beyond the control of Contractor." 00800-10 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling SC-6.20 Add the following new Paragraph: "D. In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for CONTRACTOR's promises are: 1. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's employees to CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which CONTRACTOR accepts as completely fulfilling the obligations of OWNER, ENGINEER, and ENGINEER's employees under the requirements of Section 725.06, Florida Statutes, and; 2. The entry of OWNER and CONTRACTOR into the construction contract because, but for CONTRACTOR's promises as contained in the General Conditions, OWNER would not have entered into the construction contract with CONTRACTOR." ARTICLE 7 - OTHER WORK AT THE SITE SC-7.04 Add the following new paragraph immediately after paragraph GC-7.03: SC-7.04 Claims Between Contractors "A. Should Contractor cause damage to the work or property of any other contractor at the Site, or should any claim arising out of Contractor's performance of the Work at the Site be made by any other contractor against Contractor, Owner, Engineer, or the construction coordinator, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by non-binding mediation or at law. B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, the construction coordinator and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any other contractor against Owner, Engineer, Engineer's Consultants, or the construction coordinator to the extent said claim is based on or arises out of Contractor's performance of the Work. Should another contractor cause damage to the Work or property of Contractor or should the performance of work by any other contractor at the Site give rise to any other Claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or the construction coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which 00800-11 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling seeks to impose liability on or to recover damages from Owner, Engineer, or the construction coordinator on account of any such damage or Claim. C. If Contractor is delayed at any time in performing or furnishing Work by any act or neglect of another contractor, and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, Contractor may make a Claim for an extension of times in accordance with Article 12. An extension of the Contract Times shall be Contractor's exclusive remedy with respect to Owner, Engineer, and construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are their respective responsibilities." ARTICLE 8 — OWNER'S RESPONSIBILITIES SC-8.01 .A Add the following to the end of the sentence, "or Owner's Representative. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC-12.01.E Add the following paragraph after Paragraph 12.01.B.3: "4. where the work involved is covered by unit prices and the volume of work exceeds one hundred fifty percent (150%) of the quantity shown in the Bid Form or Approved Schedule of Values, the Owner reserves the right to renegotiate a better unit price. Or, 5. where the work involved is Lump Sum in the Contract Documents and the estimated quantity contained in the Bid Form is less than one hundred thirty percent (130%) of the actual quantities involved shall be considered included in the Contractor's Lump Sum price. Substantial differences from the estimated quantities to actual quantities are defined as greater than 130%, and the Owner reserves the right to renegotiate a better unit price, by mutually agreed Lump Sum (which may include a reasonable allowance for O&P not necessarily in accordance with Paragraph 12..01 .C.2)." SC-13.07.A Delete first sentence and replace with the following: A. If within two (2) years after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 00800-12 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: SC-13.09 Add the following Paragraph 13.09.E.: If at any time during the construction, the OWNER deems that work are to be unsafe and after proper notification to the CONTRACTOR of the unsafe conditions, the CONTRACTOR fails to take within 24 hours the necessary precautions to rectify the unsafe conditions to the satisfaction of the OWNER, the OWNER may correct the unsafe conditions by whatever means the OWNER deems appropriate. The cost for correction of unsafe conditions shall be paid by the CONTRACTOR and any additional work the may result from the OWNER's actions needed to continue work on the project. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.C.1 In the first line of Paragraph 14.02.C.1, change "Ten days..."to read "Forty-five days...". ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: "C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. gives to the other party written notice of intent to submit the Claim to a court of competent jurisdiction, or 2. agrees with the other party to submit the Claim to another dispute resolution process. SC-16.01.D Add the following new paragraph immediately after Paragraph SC-16.01.C. D. Notwithstanding any applicable statute of limitations, a party giving notice under Paragraph SC-16.01.C.1 shall commence an action on the Claim within one year of giving such notice. Failure to do so shall result in the Claim being time- barred and Engineer's action or denial shall become final and binding." END OF SECTION 00800-13 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling This Page Was Intentionally Left Blank. 00800-14 CCUA Project No. 1127-003 Supplementary Conditions to the General Conditions Governor's Park WTP August 2022 Supply Well Drilling SECTION 00900 ADDENDA AND MODIFICATIONS Bidding addenda and/or modifications issued prior to signing of the construction agreement are to be attached hereto. END OF SECTION 00900-1 CCUA Project No.1127-003 Governor's Park WTP ADDENDA AND MODIFICATIONS Supply Well Drilling August 2022 THIS PAGE LEFT INTENTIONALLY BLANK 00900-2 CCUA Project No.1127-003 Governor's Park WTP ADDENDA AND MODIFICATIONS Supply Well Drilling August 2022 SECTION 01001 GENERAL REQUIREMENTS 1.0 SCOPE 1.1 WORK INCLUDED: The Specifications included in these Contract Documents establish the performance and quality requirements for material and equipment and the minimum standards for the quality of workmanship and appearance for construction and testing of supply Wells No. 1 and No. 2 for water supply at the Governor's Park Water Treatment Plant site. 1.2 Specific tasks not completely described in these Specifications, that are necessary or normally required as a part of the Work described, or that are necessary or required to make each installation satisfactorily or legally operable, shall be performed by the CONTRACTOR as incidental Work without extra cost to OWNER or ENGINEER, as if fully described in these Specifications. The expense of such work shall be included in applicable unit or lump sum prices for the Work described. 1.3 OWNER has the responsibility to provide legal access to the drilling site. CONTRACTOR has the responsibility to provide physical access to the drilling site. 2.0 MATERIALS & EQUIPMENT 2.1 CONTRACTOR shall, except as specifically stated in the Contract Documents, provide all labor, materials, equipment, tools and other facilities and services necessary for proper completion of all work included in these Contract Documents. 2.2 CONTRACTOR, in addition to furnishing the services of drillers experienced in the type of formations to be encountered, shall also furnish an adequate number of competent helpers. The drillers shall keep well logs and reports of the drilling, developing and test-pumping operations. Drillers shall also be capable of making accurate classifications of the formations and handle representative rock cuttings and water samples as indicated in Section 02673, DRILLING and Section 02311, WATER QUALITY TESTING AND SAMPLING. 2.3 CONTRACTOR shall perform all Work in a workmanlike manner by qualified well drillers and shall conform with these Specifications. 01001-1 CCUA Project No. 1127-003 General Requirements Governor's Park WTP August 2022 Supply Well Drilling 2.4 CONTRACTOR and his personnel shall not make any representations about this Project without the written approval from the OWNER. 2.5 CONTRACTOR shall furnish capable equipment to construct the well by rotary drilling with conventional mud and reverse-air circulation, as specified in Section 02673, DRILLING. CONTRACTOR's drilling rigs, tools, equipment and methods shall be subject to ENGINEER's approval. 2.6 COORDINATION 2.6.1 CONTRACTOR shall maintain a superintendent on-site during all drilling, testing, and construction operations. 2.6.2 CONTRACTOR shall cooperate in the coordination of its work with the activities of other subcontractors in a manner that will provide the least interference with OWNER's operations and other subcontractors and utility companies working in the area, and in the interfacing and connection of the separate elements of the overall project work without additional costs to OWNER. 2.6.3 If any difficulty or dispute should arise in the accomplishment of the above, the problem shall be immediately brought to the attention of ENGINEER. 2.6.4 CONTRACTOR's project superintendent shall attend construction coordination meetings to be held at the site during normal working hours when requested by ENGINEER. No additional charge shall be made for attendance at the meetings. 2.6.5 All subcontractors working on this site are subject to this requirement for cooperation, and all shall abide by the ENGI- NEER's decision in resolving Project coordination problems. 2.7 PERMITS 2.7.1 Upon Notice of Award, CONTRACTOR shall acquire all necessary permits with local and state regulatory agencies for the drilling of the production wells. 2.7.2 CONTRACTOR shall be solely responsible for acquiring all other necessary permits. Drilling operations shall not commence until all other necessary construction permits have been obtained and submitted to ENGINEER. No construction shall be allowed until all permits are obtained or written evidence is submitted to ENGINEER demonstrating that the permitting agency has given permission to proceed. 01001-2 CCUA Project No. 1127-003 General Requirements Governor's Park WTP August 2022 Supply Well Drilling 2.8 SCHEDULING 2.8.1 CONTRACTOR shall plan the Work and carry it out with minimum interference to the OWNER and other contractors. Prior to starting the work, CONTRACTOR shall confer with ENGINEER and OWNER representatives to develop an approved work schedule which will allow the project to progress as normally as practical. 2.8.2 CONTRACTOR's normal working hours shall be defined as 12 hours per day, five days per week. Alternate work hours will be considered at the request of CONTRACTOR. 2.8.3 CONTRACTOR shall make every effort to avoid drilling and testing activities on nationally recognized holidays (i.e., Labor Day, Thanksgiving Day, Christmas Day, New Years Day, Independence Day, Memorial Day, etc.). Work schedules should reflect these dates in particular. 2.9 OTHER REQUESTED WORK AND STANDBY TIME 2.9.1 During the progress of the work under these Specifications, it may be necessary for ENGINEER to perform work of an experimental nature that will require the services of the drilling crew and drilling equipment, or work that may require such crew and equipment to standby during normal working hours. In such an event, ENGINEER shall request CONTRACTOR to furnish such assistance and CONTRACTOR shall promptly furnish such assistance. The time required for this purpose shall be recorded on CONTRACTOR's daily log and ENGINEER's daily log. If there are discrepancies, the time noted on ENGINEER's daily log shall prevail. This time shall be paid as stated in CONTRACTOR's Bid Schedule. 2.10 ENVIRONMENTAL PROTECTION: CONTRACTOR shall not cause nor permit an action to occur which would allow drilling fluids, saline waters or high saline content cuttings to escape the confines of the drilling pad and or containment tanks. CONTRACTOR shall remain solely responsible for any property damage, remediation costs, or regulatory fines which might result from such occurrences. 01001-3 CCUA Project No. 1127-003 General Requirements Governor's Park WTP August 2022 Supply Well Drilling 3.0 WORKMANSHIP 3.1 CONSTRUCTION SCHEDULE 3.1.1 Time constraints imposed upon the schedule require that the drilling CONTRACTOR have construction substantially complete within 210 days and final completion within 240 days of Notice to Proceed. Work will be considered substantially complete when all drilling and testing activities for the production well system is complete. Final completion requires that site work is substantially complete and demobilization is complete. All site work is to be 100 percent complete at 210 days and all equipment demobilized from the site before final payment is given. Failure to meet this schedule shall result in enforcement of Liquidated Damages. 3.1.2 A Notice to Proceed will be issued for construction of Wells No. 1 and No. 2 only after receipt of all necessary Construction Permits. CONTRACTOR shall be briefed on the permit status during the pre-bid meeting. 3.1.3 The construction summary and schedule presented in Section 01010, SUMMARY OF WORK, has been prepared to illustrate the general manner that the ENGINEER intends for project activities to proceed. 3.2 Upon award of the Contract and before start of construction, CONTRACTOR shall prepare and submit to the ENGINEER for his approval a detailed construction schedule containing anticipated start and completion dates for each of the steps in Section 01010, SUMMARY OF WORK, as well as other major events as CONTRACTOR deems necessary. 4.0 PAYMENT 4.1 Payment for the work and materials to in this section shall be included as part of the lump sum stated in CONTRACTOR's Unit Price Bid for MOBILIZATION/DEMOBILIOZATION (Pay Item No. I-1 and II-1). END OF SECTION 01001-4 CCUA Project No. 1127-003 General Requirements Governor's Park WTP August 2022 Supply Well Drilling SECTION 01010 SUMMARY OF WORK 1.0 SCOPE 1.1 WORK INCLUDED: This section describes the work to be performed under this Contract. Detailed requirements and extent of work are stated in applicable Specification sections and shown on the Drawings. 1.2 ORGANIZATION AND INTERPRETATION OF CONTRACT DOCUMENTS: Specifications and Drawings included in these Contract Documents establish the performance, quality requirements, location and general arrangement of materials and equipment, and establish the minimum standards for quality of workmanship and appearance. 1.3 DESCRIPTION OF PROJECT 1.3.1 The project will generally provide OWNER with the following: 1.3.1.1 Two 20-inch diameter supply wells, Well No. 1 and Well No. 2 (Total Depth [TD] up to approximately 1,200 feet). The wells will be completed with a final carbon steel casing set to approximately 400 feet and cemented to surface. 1.3.2 OWNER reserves the right to award any or all of the Contract parts to CONTRACTOR, as best serves the interest of OWNER. All parts thereof which shall be constructed shall be awarded to one CONTRACTOR. OWNER further reserves the right to select which part to perform first, and the order of the parts performed thereafter. Time is of the essence in this Contract and the time of completion must be met for the whole project. 1.3.3 OWNER may elect to stop the project at any time. If so, CONTRACTOR will not be awarded any additional payment except for the work performed up to that time and Demobilization and Cleanup. 1.3.4 CONTRACTOR shall, except as otherwise specifically stated in applicable parts of these Contract Documents, provide and pay for labor, materials, equipment, tools, construction equipment, facilities, and services necessary for proper execution, testing, and completion of the work. 1.3.5 Work Parts include the following: 01010-1 CCUA Project No. 1127-003 Summary of Work Governor's Park WTP August 2022 Supply Well Drilling 1.3.5.1 Part I: Well No. 1 1.3.5.2 Part II: Well No. 2 1.4 SEQUENCE OF OPERATIONS: The sequence of operations will be generally as outlined in Section 3.0 Execution contained at the end of this section. 1.5 LIST OF DRAWINGS Drawing No. Drawing Title 1 Location Map 2 Site Plan 3 Well Completion Diagram 4 Temporary Wellhead Completion Details 2.0 MATERIALS & EQUIPMENT (Not Used) 3.0 EXECUTION 3.1 GENERAL 3.1.1 Locate Wells No. 1 and No. 2 at approved location at the Governor's Park Water Treatment Plant (GPWTP) site in Clay County, Florida. The site location is shown on Drawing No. 1 and the approved locations are shown on Drawing No. 2. 3.1.2 Obtain St Johns River Water Management District (SJRWMD) well construction permits for the wells prior to initiation of drilling activities. 3.2 WELL NO. 1 CONSTRUCTION SEQUENCE (BY CONTRACTOR) 3.2.1 Locate Well No. 1 at approved location at the GPWTP site. The proposed location is shown on Drawing No. 2. 3.2.2 Construct a temporary drilling pad to contain all fluids during drilling operations. 3.2.3 Option to install a 30-inch diameter pit casing through unconsolidated surficial deposits. Section 02674 provides a summary of the casing specifications for the well. Drawing No. 3 shows the well completion details. The estimated depth of the pit casing is 50 feet below land surface (bls). The casing installation method shall be at the Contractor's discretion. 3.2.4 Drill nominal 8-inch to 12-inch diameter pilot hole to a depth of approximately 400 feet bls using standard mud rotary drilling 01010-2 CCUA Project No. 1127-003 Summary of Work Governor's Park WTP August 2022 Supply Well Drilling techniques. The goal of this pilot hole will be to penetrate the fresh Ocala Limestone of the Upper Floridan Aquifer (UFA). Collect drill cuttings/samples every 10 feet to the total depth of the well and describe visually in a lithologic log. Include hydrogeologic-related information as applicable. Conduct geophysical logging as per Section 02679. 3.2.5 A mechanical drift indicator shall be run in pilot holes and reamed holes at intervals not greater than 90 feet. Tool scale shall clearly delineate 10 minutes or less. Any deviation in plumbness greater than 1 degree shall be corrected by the drilling Contractor at its own expense. 3.2.6 Ream pilot hole to nominal 29-inch diameter borehole to approximately 400 feet bls. Perform logging in accordance with Table 02679-1. 3.2.7 Set and cement nominal 20-inch diameter final casing to approximately 400 feet bls. Section 02674 provides a summary of the casing specifications for the well. 3.2.8 Drill nominal 12-inch diameter pilot hole to a depth of approximately 1,200 feet bls using standard reverse-air drilling techniques. The goal of this pilot hole will be to penetrate the permeable units of the Ocala Limestone formation within the UFA and the permeable units of the Avon Park formation within the Lower Floridan Aquifer (LFA). Collect drill cuttings/samples every 10 feet to the total depth of the well and describe visually in a lithologic log. Include hydrogeologic-related information as applicable. 3.2.9 Conduct specific capacity tests every 60 feet during reverse-air drilling. Measure flow rate, drawdown, conductivity, temperature, sulfide, and pH in the field and collect field samples for total dissolved solids (TDS), chloride, total sulfide, and sulfate for lab measurements. Conduct geophysical logging as per Section 02679, GEOPHYSICAL LOGGING. 3.2.10 Develop open hole interval of the production well using air-lift and pumping and surging well development practices. Develop until clear water is produced from the well and until water quality is acceptable to onsite geologist. Perform logging in accordance with Table 02679-1. 3.2.11 Perform variable rate step-drawdown pumping test from 700 gpm to 2,000 gpm for 24 hours. Measure conductivity, pH, temperature and sulfide in the field and collect a final water sample in accordance with Table 02311- 1 (List B) following completion of the pumping test. 3.2.12 Complete temporary wellhead at Well No. 1 to control fluids in well until final wellhead and appurtenances are constructed. Construct 01010-3 CCUA Project No. 1127-003 Summary of Work Governor's Park WTP August 2022 Supply Well Drilling permanent 6'x6'x4" concrete pad around the well and paint wellhead in accordance with the specifications. 3.2.13 Demobilize all equipment from site and restore site to original condition. 3.3 WELL NO. 2 CONSTRUCTION SEQUENCE (BY CONTRACTOR) 3.3.1 Locate Well No. 2 at approved location at the GPWTP site. The proposed location is shown on Drawing No. 2. 3.3.2 Construct a temporary drilling pad to contain all fluids during drilling operations. 3.3.3 Option to install a 30-inch diameter pit casing through unconsolidated surficial deposits. Section 02674 provides a summary of the casing specifications for the well. Drawing No. 3 shows the well completion details. The estimated depth of the pit casing is 50 feet below land surface (bls). The casing installation method shall be at the Contractor's discretion. 3.3.4 Drill nominal 8-inch to 12-inch diameter pilot hole to a depth of approximately 400 feet bls using standard mud rotary drilling techniques. The goal of this pilot hole will be to penetrate the fresh Ocala Limestone of the Upper Floridan Aquifer (UFA). Collect drill cuttings/samples every 10 feet to the total depth of the well and describe visually in a lithologic log. Include hydrogeologic-related information as applicable. Conduct geophysical logging as per Section 02679. 3.3.5 A mechanical drift indicator shall be run in pilot holes and reamed holes at intervals not greater than 90 feet. Tool scale shall clearly delineate 10 minutes or less. Any deviation in plumbness greater than 1 degree shall be corrected by the drilling Contractor at its own expense. 3.3.6 Ream pilot hole to nominal 29-inch diameter borehole to approximately 400 feet bls. Perform logging in accordance with Table 02679-1. 3.3.7 Set and cement nominal 20-inch diameter final casing to approximately 400 feet bls. Section 02674 provides a summary of the casing specifications for the well. 3.3.8 Drill nominal 12-inch diameter pilot hole to a depth of approximately 1,200 feet bls using standard reverse-air drilling techniques. The goal of this pilot hole will be to penetrate the permeable units of the Ocala Limestone formation within the UFA and the permeable units of the Avon Park formation within the Lower Floridan Aquifer (LFA). Collect 01010-4 CCUA Project No. 1127-003 Summary of Work Governor's Park WTP August 2022 Supply Well Drilling drill cuttings/samples every 10 feet to the total depth of the well and describe visually in a lithologic log. Include hydrogeologic-related information as applicable. 3.3.9 Conduct specific capacity tests every 60 feet during reverse-air drilling. Measure flow rate, drawdown, conductivity, temperature, sulfide, and pH in the field and collect field samples for total dissolved solids (TDS), chloride, total sulfide, and sulfate for lab measurements. Conduct geophysical logging as per Section 02679, GEOPHYSICAL LOGGING. 3.3.10 Develop open hole interval of the production well using air-lift and pumping and surging well development practices. Develop until clear water is produced from the well and until water quality is acceptable to onsite geologist. Perform logging in accordance with Table 02679-1. 3.3.11 Perform variable rate step-drawdown pumping test from 700 gpm to 2,000 gpm for 24 hours. Measure conductivity, pH, temperature and sulfide in the field and collect a final water sample in accordance with Table 02311- 1 (List B) following completion of the pumping test. Conduct Aquifer Performance Test (APT) pumping Well No. 2 at 2,500 gpm for 48-hours and measuring drawdown in Well No. 1. 3.3.12 Complete temporary wellhead at Well No. 1 to control fluids in well until final wellhead and appurtenances are constructed. Construct permanent 6'x6'x4" concrete pad around the well and paint wellhead in accordance with the specifications. 3.3.13 Demobilize all equipment from site and restore site to original condition. 4.0 PAYMENT 4.1 GENERAL: Payment for all work, materials and equipment specified in this section will be included in the appropriate unit price or lump sum items as stated in CONTRACTOR's Unit Price Bid Schedule. END OF SECTION 01010-5 CCUA Project No. 1127-003 Summary of Work Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 01010-6 CCUA Project No. 1127-003 Summary of Work Governor's Park WTP August 2022 Supply Well Drilling SECTION 01092 ABBREVIATIONS 1.0 SCOPE 1.1 SUMMARY: This section lists many of the construction industry organizations, professional and technical associations, societies and institutes, and government agencies issuing, promoting, or enforcing standards to which references may be made in these Documents, as well as abbreviations commonly used for those references. Also included are certain general requirements for use of industry standards specified, and application of quality control standards. 1.2 USE OF REFERENCE STANDARDS 1.2.1 Work specified by reference to the published standard or specification of a government agency, technical association, trade association, professional society or institute, testing agency, or other organization shall conform to or surpass the minimum standards of materials and workmanship quality established by the designated standard or specification. 1.2.2 Where so specified, products or workmanship shall also conform to the additional prescriptive or performance requirements included within these Documents to establish a higher or more stringent standard of quality than that required by the referenced standard. 1.2.3 Where the specific date or issue of the standard is not included with the reference to the standard, the latest edition, including all amendments published and available on the first published date of the Invitation to Bid, shall apply. 1.2.4 In case of conflict between referenced standards, the ENGINEER shall determine which shall apply. 1.2.5 Where two or more standards are specified to establish quality, the product and workmanship shall conform to or surpass the requirements of both. 1.2.6 Where both a standard and a brand name are specified for a product in the Contract Documents, the proprietary product named shall conform to or surpass the requirements of the specified reference standard. The listing of a trade name in a 01092-1 CCUA Project No. 1127-003 Abbreviations Governor's Park WTP August 2022 Supply Well Drilling Contract Document shall not be construed as warranting that such product conforms to the respective reference standard. 1.2.7 Copies of Standards: 1.2.7.1 Copies of applicable referenced standards have not been bound in these Contract Documents. 1.2.7.2 Where copies of standards are needed by the Contractor for superintendent and quality control of the work, obtain a copy or copies directly from the publication source and maintain in an orderly manner at the job site, available to the Contractor's personnel, subcontractors, Owner, and Engineer. 1.2.7.3 Submittals: Submit for approval the requests to use products conforming to printed standards or publications with a different publication date from that effective under the Contract. Clearly indicate the changes in product or workmanship quality involved in the proposed change, if any, and reasons for the request. 1.3 ABBREVIATIONS: Table 01092-1 is a list of construction industry organizations and government agencies to which references may be made in the Contract Documents, with abbreviations noted. 2.0 MATERIALS & EQUIPMENT (Not Used) 3.0 WORKMANSHIP (Not Used) 4.0 PAYMENT (Not Used) TABLE 01092-1 ABBREVIATION DESCRIPTION AA Aluminum Association ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute API American Petroleum Institute ASCE American Society of Civil Engineers 01092-2 CCUA Project No. 1127-003 Abbreviations Governor's Park WTP August 2022 Supply Well Drilling ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWWA American Water Works Association BOP Blowout Preventer CCUA Clay County Utility Authority CMAA Crane Manufacturers'Association of America CRSI Concrete Reinforcing Steel Institute FAR Field Activity Report FDEP Florida Department of Environmental Protection FGS Florida Geological Survey FS Federal Specifications gpm Gallons per Minute HI Hydraulic Institute LFA Lower Floridan Aquifer MI Mechanical Integrity MSDS Material Safety Data Sheets NEC National Electrical Code NEMA National Electrical Manufacturers'Association NESC National Electric Safety Code NFPA National Fire Protection Association NSF National Sanitation Foundation OSHA Occupational Safety and Health Act(both Federal and State) SJRWMD St Johns River Water Management District GPWTP Governor's Park Water Treatment Plant UFA Upper Floridan Aquifer USEPA United States Environmental Protection Agency END OF SECTION 01092-3 CCUA Project No. 1127-003 Abbreviations Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 01092-4 CCUA Project No. 1127-003 Abbreviations Governor's Park WTP August 2022 Supply Well Drilling SECTION 010270 APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.1 SECTION INCLUDES: Administrative and procedural requirements governing the Contractor's Applications for Payment. 1.2 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of the Contractor's Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including: a. Contractor's Construction Schedule. b. Contractor's Spend Down Schedule c. Application for Payment forms, including Continuation Sheets. d. List of subcontractors. e. Schedule of allowances. f. Schedule of alternates. g. List of products. h. List of principal suppliers and fabricators. i. Schedule of submittals. 2. Submit the Schedule of Values to the Engineer at the earliest possible date but no later than 7 days before the date scheduled for submittal of the initial Applications for Payment. 3. Subschedules: Where Work is separated into phases requiring separately phased payments, provide subschedules showing values correlated with each phase of payment. B. Format and Content: Use the Project Manual Bid Proposal as a guide to establish the format for the Schedule of Values. Provide at least one line item for each bid line item. 010270-1 CCUA Project No. 1127-003 Application for Payment Governor's Park WTP August 2022 Supply Well Drilling 1. Identification: Include the following Project information on the Schedule of Values: a. Project name and location b. Name of the Engineer c. Project number d. Contractor's name and address e. Date of submittal 2. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division b. Description of Work c. Name of Subcontractor d. Name of Manufacturer or Fabricator e. Name of Supplier f. Quantity of items g. Dollar value of unit price and total value (labor and materials) h. Stored material 3. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Break principal subcontract amounts down into several line items. 4. Round amounts to nearest whole dollar; the total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-site and items stored off-site. Include requirements for insurance and bonded warehousing, if required. 6. Provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Unit-cost allowances: Show the line-item value of unit-cost allowances, as a product of the unit cost, multiplied by the measured quantity. Estimate quantities from the best indication in the Contract Documents. 010270-2 CCUA Project No. 1127-003 Application for Payment Governor's Park WTP August 2022 Supply Well Drilling 8. Schedule Updating: Update and resubmit the Schedule of Values and Drawdown Schedules prior to the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. Update Schedules and Drawdown Schedules when Change Orders or Construction Changes directive result in change in contract duration prior to the next application for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by the Engineer and paid for by the Owner. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements. B. Payment-Application Times: The date for each progress payment is the 15th day of each month. The period covered by each Application for Payment starts on the day following the end of the preceding period and ends 15 days prior to the date for each progress payment. C. Payment-Application Forms: Use forms provided by the Owner for Applications for Payment. Same copies are included in Section 000640. D. Application Preparation: Complete every entry on the form. Include notarization and execution by a person authorized to sign legal documents on behalf of the Contractor. The Engineer will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and the Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application. E. Transmittal: Submit one (1) electronic signed and notarized original copy of each Application for Payment to the Engineer by a method ensuring receipt within 24 hours. Copy shall be complete, including waivers of lien and similar attachments, when required. F. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of mechanics liens from subcontractors, sub-subcontractors, vendors, and suppliers for the construction period covered by the previous application. 010270-3 CCUA Project No. 1127-003 Application for Payment Governor's Park WTP August 2022 Supply Well Drilling 1. Submit partial waivers on each item for the amount requested, prior to deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers for such items. 3. Waiver Forms: Submit waivers of lien on forms which comply with State statutes, and executed in a manner, acceptable to the Owner. G. Initial Application for Payment: Administrative actions and submittals, that must precede or coincide with submittal of the first Application for Payment, include the following: 1. List of subcontractors. 2. List of principal suppliers and fabricators. 3. Schedule of Values. 4. Contractor's Construction Schedule (preliminary if not final). 5. Schedule of principal products. 6. Schedule of unit prices. 7. Submittal Schedule (preliminary if not final). 8. List of Contractor's staff assignments. 9. List of Contractor's principal consultants. 10. Copies of building permits. 11. Copies of authorizations and licenses from governing authorities for performance of the Work. 12. Initial progress report. 13. Report of preconstruction meeting. 14. Certificates of insurance and insurance policies. 15. Performance and payment bonds. 010270-4 CCUA Project No. 1127-003 Application for Payment Governor's Park WTP August 2022 Supply Well Drilling 16. Data needed to acquire the Owner's insurance. 17. Initial settlement survey and damage report, if required. H. Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment. 1. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. 2. Administrative actions and submittals that shall precede or coincide with this application include: a. Occupancy permits and similar approvals. b. Warranties (guarantees) and maintenance agreements. c. Test/adjust/balance records. d. Maintenance instructions. e. Meter readings. f. Startup performance reports. g. Changeover information related to Owner's occupancy, use, operation, and maintenance. h. Final cleaning. i. Application for reduction of retainage and consent of surety. j. Advice on shifting insurance coverages. k. Final progress photographs. 1. List of incomplete Work, recognized as exceptions to Engineer's Certificate of Substantial Completion. Final Payment Application: Administrative actions and submittals that must precede or coincide with submittal of the final Application for Payment include the following: 1. Completion of Project closeout requirements. 2. Completion of items specified for completion after Substantial Completion. 3. Ensure that unsettled claims will be settled. 4. Ensure that incomplete Work is not accepted and will be completed without undue delay. 010270-5 CCUA Project No. 1127-003 Application for Payment Governor's Park WTP August 2022 Supply Well Drilling 5. Transmittal of required Project construction records to the Owner. 6. Certified property survey. 7. Proof that taxes, fees, and similar obligations were paid. 8. Removal of temporary facilities and services. 9. Removal of surplus materials, rubbish, and similar elements. 10. Change of door locks to Owner's access. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 010270-6 CCUA Project No. 1127-003 Application for Payment Governor's Park WTP August 2022 Supply Well Drilling SECTION 010600 REGULATORY REQUIREMENTS PART 1 - GENERAL 1.1 Related Documents: The general provisions of the Contract, including General and Supplementary Conditions apply to the work specified in this section. 1.2 Specified Codes: A. The design of the work is based on the requirements of the latest edition of the Florida Building Code,National Electric Code and National Fire Protection Association Requirements, whichever is most stringent. B. The site work is based on the latest edition of the Florida Department of Transportation, Standard Specifications for Road and Bridge Construction, hereinafter referred to as the Florida DOT Specifications or DOT Spec. C. The Contractor shall ensure the work complies to the aforementioned codes and regulations as they apply to the project whether or not specifically referenced elsewhere. 1.3 Reference Standards: A. Except as otherwise required by Paragraph 1.2 all products and workmanship shall conform to best quality materials and practices recognized by agencies, associations, councils, etc., specified in individual sections. B. In the absence of specified agencies, associations, councils, etc., the Contractor shall conform to the requirements of the most widely recognized standards for each particular portion of the work. 1.4 Permits: Determination of necessity and/or application for and receipt of the following permits will be required of the Contractor, unless otherwise noted. The Contractor shall comply with all provisions of these permits. No work shall commence until all required permits are in hand. A. The Contractor shall secure any and all permits as required by SJRWMD for well construction activities to occur at the job site. B. The Contractor shall secure any and all permits as required by SJRWMD for dewatering activities to occur at the job site. 010600-1 CCUA Project No. 1127-003 Regulatory Requirements Governor's Park WTP August 2022 Supply Well Drilling C. The Contractor shall secure any NPDES—Generic Permit for the Discharge of Produced Groundwater from any Non-Contaminated Site Activity. Contact Florida Department of Environmental Protection(FDEP),Northeast District. The Contractor shall comply with any applicable conditions of the permit. D. The Contractor shall secure any and all permits required by the Clay County Building Department, Planning Department or Public Works Department for all work included for this project. END OF SECTION 010600-2 CCUA Project No. 1127-003 Regulatory Requirements Governor's Park WTP August 2022 Supply Well Drilling SECTION 01300 SUBMITTALS 1.0 SCOPE 1.1 SECTION INCLUDES: 1.1.1 Requirements and procedures necessary for scheduling, preparation, and submission of submittals. 1.1.2 Requirements for preparation of progress schedules. 1.2 RELATED WORK SPECIFIED UNDER OTHER SECTIONS 1.2.1 Individual Specification sections in these Contract Documents contain additional and special submittal requirements. Individual sections shall take precedence in the event of a conflict with this section. 1.3 SUBMITTALS PROCEDURE 1.3.1 OWNER reserves the right to modify the procedures and requirements for submittals, as necessary to accomplish the specific purpose of each submittal. Direct inquiries to ENGINEER regarding the procedure, purpose, or extent of any submittal. 1.3.2 Review, acceptance, or approval of substitutions, schedules, shop drawings, lists of materials, and procedures submitted or requested by CONTRACTOR shall not add to the Contract amount, and additional costs which may result shall be solely the obligation of CONTRACTOR. 1.3.3 OWNER is not precluded by virtue of review, acceptance, or approval, from obtaining a credit for construction savings resulting from allowed concessions in the work or materials used to complete the work. 1.3.4 OWNER is not responsible to provide engineering or other services to protect CONTRACTOR from additional costs accruing from submittals. 1.3.5 Submittals processed by ENGINEER do not become Contract Documents and are not Change Orders; the purpose of submittal review is to establish a reporting procedure and is intended for Contractor's convenience in organizing the work and to permit ENGINEER to monitor CONTRACTOR's progress and understanding of the design. 1.3.6 Delays caused by the need for re-submittal shall not constitute basis for claim. 1.3.7 After checking and verifying all field measurements, CONTRACTOR shall make submittals to ENGINEER, in accordance with the schedule of submittals for review. 01300-1 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling 1.3.7.1 Submittals shall bear a stamp or specific written indication that CONTRACTOR has satisfied its responsibilities under the Contract Documents with respect to the review of the submittal. 1.3.7.2 Data shown shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to enable ENGINEER to review the information. 1.3.8 CONTRACTOR shall check samples, and accompany with specific written indication that CONTRACTOR has satisfied requirements under the Contract Documents with respect to review of submittals, and identify clearly as to material, supplier, pertinent data such as catalog numbers and the intended use. 1.3.9 Before submission of each submittal, CONTRACTOR shall determine and verify quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto; review and coordinate each submittal with other submittals, requirements of the Work, and the Contract Documents. 1.3.10 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the submittal may have from the requirements of the Contract Documents; in addition, make specific notation on each shop drawing submitted to ENGINEER for review and approval of each such variation. 1.3.11 ENGINEER's review will be only for conformance with the design concept of the project and for compliance with the information given in the Contract Documents, not extending to means, methods, techniques, sequences, or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) nor to safety precautions or programs incident thereto. Review of a separate item as such will not indicate review of the assembly in which the item functions. 1.3.12 Where a shop drawing or sample is required by the Specifications, related work performed prior to ENGINEER's review and approval of the pertinent submission shall be the sole expense and responsibility of CONTRACTOR unless subsequently accepted at ENGINEER's sole discretion. 1.4 ADMINISTRATIVE SUBMITTALS The CONTRACTOR shall: 1.4.1 Provide administrative submittals required by the BIDDING REQUIREMENTS, General Conditions, Supplementary Conditions, and as may be specifically required in other parts of the Contract Documents. 01300-2 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling 1.4.2 Make required submittals promptly to the applicable federal, state, or local agency, as required by law. Failure to comply with this requirement may result in withholding of progress payments and make CONTRACTOR liable for other prescribed action and sanctions. 1.4.3 Submit to OWNER a copy of letters relative to the Contract including notifications, reports, certifications, payrolls, and the like, that are submitted directly to a federal, state, or other governing agency. 1.5 SCHEDULES The CONTRACTOR shall: 1.5.1 General: 1.5.1.1 Submit estimated progress schedule and preliminary schedule of submittals to ENGINEER prior to any drilling activities at the site. 1.5.1.2 Revise and resubmit as specified, and identify all changes made from previous schedule submittal. 1.5.2 Progress Schedule: 1.5.2.1 Submit preliminary progress schedule within 20 days of award. 1.5.2.2 Show complete sequence of construction by activity, identifying work of separate parts and pay items as outlined in the Bid Schedule, and other logically grouped activities. 1.5.2.3 Indicate submittal dates, and product manufacture and delivery dates, including those products furnished by OWNER, as applicable. 1.5.2.4 Update progress schedule monthly and submit with payment application. Payment application will not be reviewed without such schedule. 1.5.2.5 CLAIMS FOR ADJUSTMENT OF CONTRACT TIMES: Where ENGINEER has not yet rendered formal decision on CONTRACTOR's claim for adjustment of Contract Times, and parties are unable to agree as to amount of adjustment to be reflected in progress schedule, CONTRACTOR shall reflect that amount of time adjustment in progress schedule as ENGINEER may accept as appropriate for the interim. It is understood and agreed that such interim acceptance by ENGINEER will not be binding and will be made only for purpose of continuing to schedule Work, until such time as formal decision as to an adjustment, if any, of the Contract Times acceptable to ENGINEER has been rendered. CONTRACTOR shall revise progress schedule prepared thereafter in accordance with ENGINEER's formal decision. 01300-3 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling 1.5.3 Schedule of Submittals: Preliminary Schedule of Submittals: Indicate submittals required by Specification section number with brief description, starting and completion dates for respective submittal preparation, and submittal review by ENGINEER. 1.6 SHOP DRAWINGS 1.6.1 General: 1.6.1.1 Shop drawings, as defined herein, consist of all drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by CONTRACTOR to illustrate some portion of the work; and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer and submitted by CONTRACTOR to illustrate material or equipment for distinct portions of the work. All submissions will be legible and in English (certified translation to English is acceptable). 1.6.1.2 Submittal of incomplete or unchecked shop drawings will not be acceptable. Shop drawing submittals which do not clearly show CONTRACTOR's review stamp or specific written indication of CONTRACTOR review will be returned to CONTRACTOR for resubmission. 1.6.1.3 Submittal of shop drawings not required under these Contract Documents and not shown on the schedule of submittals will be returned to CONTRACTOR unreviewed and unstamped by ENGINEER. 1.6.2 PROCEDURES. The CONTRACTOR shall: 1.6.2.1 Submit to ENGINEER for review and approval in accordance with the accepted schedule of submittals, three copies, including one reproducible copy, of shop drawings. 1.6.2.2 Combine submittals specified in each Specification section into a single package. Partial packages will not be reviewed until all submittals required for the section have been received. 1.6.2.3 Transmit each submittal on ENGINEER accepted form. 1.6.2.4 Sequentially number the transmittal forms; re-submittals to have original number with an alphabetic suffix. 1.6.2.5 Identify project, CONTRACTOR, Specification section number, pertinent drawing sheet and detail number(s), products, units and assemblies, and the system or equipment identification or tag number as shown. 01300-4 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling 1.6.2.6 Apply CONTRACTOR's stamp, signed or initialed certifying that review, verification of products required, field dimensions, adjacent construction work, and coordination of information, is in accordance with requirements of the Contract Documents. 1.6.2.7 Transmit submittals in accordance with finalized schedule of submittals, and deliver as follows: Submittals to OWNER: Clay County Utility Authority, 3176 Old Jennings Rd, Middleburg, FL 32068, ATTN: Mr. Darrell Damrow, P.E. Submittals to ENGINEER: Dewberry HYDRO, 800 North Magnolia Ave, Suite 1000, Orlando, FL 32803, ATTN: Mr. Mike Simmons, P.G. 1.6.2.8 Provide space for ENGINEER's review stamp. 1.6.2.9 Revise and resubmit submittals as required; identify all changes made since previous submittal. 1.6.3 Submittals will be acted upon by ENGINEER and transmitted to CONTRACTOR not later than 20 working days after receipt by ENGINEER. 1.6.4 When shop drawings have been reviewed by ENGINEER, two copies will be returned to CONTRACTOR appropriately annotated. If major changes or corrections are necessary, shop drawing may be rejected and two sets will be returned to CONTRACTOR with such changes or corrections indicated. Correct and resubmit the shop drawings in the same manner and quantity as specified for the original submittal. 1.6.5 Material and Equipment Colors: ENGINEER will provide a schedule of selected colors within 30 days after approval of submittals and after receiving samples of the manufacturers' standard colors for those items requiring OWNER's selection. 1.7 SAMPLES AND TEST SPECIMENS 1.7.1 Where required in the Specifications, and as determined necessary by ENGINEER, submit test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the work. Include information as to their sources, prepay cartage charges, and submit such quantities and sizes for proper examination and tests to establish the quality or equality thereof, as applicable. 1.7.2 The CONTRACTOR shall submit samples and test specimens in ample time to enable ENGINEER to make tests or examinations necessary, without delay to the work. 01300-5 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling 1.7.3 The CONTRACTOR shall submit additional samples as required by ENGINEER to ensure equality with the original approved sample and/or for determination of Specification compliance. 1.7.4 Laboratory tests and examinations that OWNER elects to make in its own laboratory will be made at OWNER's cost except that, if a sample of any material or equipment proposed for use by CONTRACTOR fails to meet the Specification, CONTRACTOR shall bear cost of testing subsequent samples. 1.7.5 Tests required by the Specifications to be performed by an independent laboratory shall be made by a laboratory licensed or certified in accordance with State statutes. 1.7.6 Samples and laboratory services shall be at the expense of CONTRACTOR unless otherwise included in the unit prices bid for the associated work. 1.7.7 Approved sample items (centralizers, hardware, etc.) may be incorporated into the work upon approval and when no longer needed by ENGINEER for reference. 1.8 QUALITY CONTROL SUBMITTALS 1.8.1 Manufacturers' Certification of Proper Installation: Where manufacturer's certification is required in the Specifications, the manufacturer shall provide certification stating the following: 1.8.1.1 The product or system has been installed in accordance with the manufacturer's recommendations. 1.8.1.2 The product or system has been inspected by a manufacturer's authorized representative. 1.8.1.3 The product or system has been serviced with the proper lubricants. 1.8.1.4 Applicable safety equipment has been properly installed. 1.8.1.5 Proper electrical and mechanical connections have been made. 1.8.1.6 Proper adjustments have been made and the product or system is ready for functional testing, startup, and operation. 1.8.2 Certification of Compliance: 1.8.2.1 Where specified, CONTRACTOR shall furnish certification of compliance for products specified to a recognized standard or code prior to the use of such products in the work. Certifications shall be signed by the manufacturer of the product; state that the components involved comply in all respects with the requirements 01300-6 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling of the Specifications. Furnish certification of compliance with each lot delivered to the job site and clearly identify the lot so certified. 1.8.2.2 Products used on the basis of a certification of compliance may be sampled and tested at any time. The fact that a product is used on the basis of a certification of compliance shall not relieve CONTRACTOR of responsibility for incorporating products in the work which conforms to requirements of the Contract Documents. Products not conforming to such requirements will be subject to rejection whether in-place or not. 1.8.2.3 ENGINEER reserves the right to refuse permission for use of products on the basis of a certification of compliance. 1.8.3 Functional Test Certification: Where a certification of functional testing is specified for certain equipment, CONTRACTOR (as applicable to the equipment furnished) shall state in writing that: 1.8.3.1 Necessary test pump equipment has been successfully tested. 1.8.3.2 Necessary equipment systems have been checked for proper installation, started, and successfully tested to indicate they are operational. 1.8.3.3 Adjustments and calibrations have been made. 1.8.3.4 The systems and subsystems are capable of performing their intended functions. 1.8.3.5 The facilities are ready for performance testing, or for startup and intended operation, as applicable. 1.8.3.6 Where several manufacturers have furnished equipment in a system, obtain each manufacturer's review and acknowledgment of its respective equipment as part of a functional test for the overall system. 1.8.4 Performance Test Reports: CONTRACTOR shall prepare and submit performance test reports where specified for equipment and systems. 1.9 OPERATION AND MAINTENANCE (0 & M) MANUALS: No 0 & M manuals are anticipated for this portion of the project. 1.10 CONTRACT CLOSE-OUT SUBMITTALS 1.10.1 Record Drawings: Each month, or as otherwise agreed, submit to ENGINEER a current listing and description of each change incorporated into the work since the preceding submittal. ENGINEER will prepare a set of record drawings for project which will include changes made in materials, locations, and dimensions of the work. 01300-7 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling 1.11 CONSTRUCTION PHOTOGRAPHS: The CONTRACTOR is advised to photograph the preconstruction and post-construction site for its records. 2.0 MATERIALS & EQUIPMENT (Not Used) 3.0 WORKMANSHIP (Not Used) 4.0 PAYMENT 4.1 GENERAL: Payment for all work, materials, Subcontractors, and equipment specified in this section will be included in the appropriate lump sum or unit prices as stated in CONTRACTOR's Unit Price Bid Schedule. END OF SECTION 01300-8 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling TRANSMITTAL OF CONTRACTOR'S SUBMITTAL (ATTACH TO EACH SUBMITTAL) TO: Submittal No.: 0 New Submittal 0 Resubmittal Previous Submittal No.: Project: Project No.: Specification Section No.: FROM: (Cover only one section with each transmittal) Contractor Schedule Date of Submittal: SUBMITTAL TYPE: 0 Shop Drawing 0 Administrative 0 Sample 0 Quality Control 0 Subcontract Closeout 0 "Or-Equal"/Substitute The following items are hereby submitted: Spec. Number of Description of Item Submitted Para. Drawing or Contains Variation Copies (Type,Size,Model Number,Etc.) No. Brochure Number to Subcontract No Yes CONTRACTOR hereby certifies that (i)CONTRACTOR has complied with the requirements of Contract Documents in preparation, review, and submission of designated Submittal and(ii)the Submittal is complete and in accordance with the Contract Documents and requirements of laws and regulations and governing agencies. By: CONTRACTOR(Authorized Signature) 01300-9 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 01300-10 CCUA Project No. 1127-003 Submittals Governor's Park WTP August 2022 Supply Well Drilling SECTION 013010 ADMINISTRATIVE REQUIREMENTS PART 1 —GENERAL 1.01 DEFINITIONS A. Decision/Action Tracking Report—A report prepared by the Contractor recording all actions, commitments, and decisions (items) made at various Project Meetings and conferences. At a minimum, the report must track the name of the person responsible for the items, a description of the required action or decision, the initiation date of the item, the due date for the item, actual completion date of the item, and the current status of the item. Provide one (1) copy of the Decision/Action tracking report to all attendees and three (3) copies to Owner within forty-eight (48)hours of the meetings. B. General Superintendent (Superintendent) — Is responsible for administration of the Contractor's Work and the coordination of the Work of the Contractor, Subcontractors, and suppliers. The General Superintendent must be on-site at all times work is being performed. No Work may proceed on the site without the presence of the Superintendent or the Owner-accepted Alternate. The Superintendent may not be absent from the project site for more than two (2) consecutive weeks and/or 20 total work days in the course of any 12-month period. C. Progress Reports - A daily report prepared by the Contractor recording all actions, testing, daily activities, subcontractors, work progress, weather conditions, quality assurance, received materials and equipment, workforce, visitors, and decisions relating to the work performed on the project at the site. 1.02 COORDINATION A. Contractor must not delegate Contractor's responsibility for coordination of the Work to any Subcontractor. B. Contractor must provide a General Superintendent whose sole responsibility is administration of the Contractor's Work at the site and the coordination of the Work of the Contractor's Subcontractors and suppliers. C. Contractor must provide administrative and supervisory personnel as needed or required for times compliance with all administrative requirements of the Contract Documents and proper coordination of the performance of the Work. 01301-1 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling D. Contractor must ensure that each Subcontractor provides personnel as reasonably required for the management and coordination of the Subcontractor's Work and for the coordination of the Subcontractor's Work with the Work of the entire Project. E. Contractor must coordinate the Work to ensure efficient and orderly installation of each part of the Work of the entire project including but not limited to: 1. Coordinating all aspects of the Work as required to provide the Owner with a complete and operable facility. 2. Coordinating the Work with the work of other contractors and entities to ensure efficient and orderly installation of each part of the Work of the entire project. 3. Coordinating installation of different components and systems of the Work to ensure maximum accessibility for required maintenance, service, and repair. 4. Coordinating the Work included in different Sections of the Project that depend on each other for proper installation, connection, and operation. 5. Coordinating the Work of all Subcontractors and suppliers. 6. Coordinating the Work in such a manner to avoid delays and permit proper and efficient installation of the Work by all Subcontractors. 7. Coordinating Work, particularly between trades, including the work of Owner and other contractors, so that sleeves, hangers, chases, openings, etc., required for pipe, conduit, and other installations of like character are duly and properly provided and installed as Work progresses. 8. Coordinating all cutting, fitting and patching that may be required to make the parts of the Work come together properly for the completed Project as shown, specified, or as reasonably implied by the Contract Documents. 9. Coordinating for future installation of work by others that is not included in the Contractor's Work but is shown or specified in the Contract Documents. 10. Coordinating delivery of materials in accordance with the Progress Schedule. 11. Coordinating and cooperating in the timing and sequencing of Contractor's Work with the work of other contractors or the Owner. 01301-2 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling 12. Sequencing the Work to obtain the best results where installation of one component of the Work depends on installation of other components, before or after its own installations. 13. Making adequate provisions to accommodate items scheduled for later installation by Contractor, Owner, or other contractors. 14. Checking the drawings of the Engineer, Owner or other contractors for interferences with Contractor's Work and promptly reporting to Owner, in writing, any potential interferences between the Contractor's Work and the work of Owner or the work of other contractors. 15. Utilizing the Contract Documents and Owner accepted Submittals to check and coordinate the Work so that no interferences or conflicts between trades occur. This checking and coordination must be performed and completed before construction is commenced in each affected area and may require the preparation and submission of Coordination Drawings. 16. Furnishing to other contractors, whose work is fitted to Contractor's Work, copies of accepted Submittals including but not limited to Record Documents, Coordination Drawings, details, and erection drawings; and furnishing other contractors with full information regarding the Fabrication, assembly, and installation of the Contractor's Work. 17. Preparing memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. Prepare similar memoranda for the Owner and separate contractors if coordination of their Work is required. 1.03 PRE-WORK VERIFICATION A. Prior to starting a particular type or kind of Work: 1. Review all Contract Documents and other relevant data related to the type or kind of Work to be performed. 2. Check Owner accepted Submittals and verify dimensions at Project Site; 3. Review manufacturer's instructions applicable to conditions under which Work is to be installed; 4. Inspect areas, surfaces or construction receiving the Work. 01301-3 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling 5. Report to Owner in writing any concerns, issues, or problems observed during Contractor's Pre-Work verification. 6. Start of Work shall signify compliance with the above requirements and acceptance of previously placed construction or substrates as being in satisfactory conditions to achieve proper installations and first quality workmanship as intended under these Contract Documents. Failure to so inspect and report to Owner shall constitute an acceptance of the previously placed construction or substrates. 1.04 ADMINISTRATIVE ACTIONS A. Administrative actions include,but are not limited to, the following: 1. Project Meetings; 2. Preparation, update, and revision of Contractor's Progress Schedule; 3. Delivery and review of Submittals. (See Section 013000, "Submittals") 4. Project closeout activities. (See Section 017010, "Project Closeout") 5. Coordinate timing of required administrative actions with construction activities and activities of Owner and other contractors to avoid conflicts and ensure orderly progress of the Work. 6. Coordinate timing and format of mandatory submittal of daily Progress Reports (weekly/monthly)with the Owner at the pre-construction meeting. 1.05 CONSERVATION A. Coordinate Work to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. B. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. 1.06 PROJECT MEETINGS A. General 1. Contractor must inform participants of date and time of each meeting and preside at all required meetings throughout progress of the Work unless otherwise directed by Owner. 01301-4 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling 2. Contractor must prepare agenda for all meetings and provide to all attendees prior to the meetings. 3. Contractor must attend all meetings as required by the Contract Documents. 4. Contractor must attend and/or conduct all additional meetings as Directed by the Owner's Project Manager. 5. Contractor must conduct meetings and conferences at the Project Site in the Contractor's on-site, temporary job trailer, unless otherwise indicated or required by Owner. 6. Contractor must prepare and distribute meeting minutes as required. 7. Whether or not Contractor is responsible for the meeting minutes, Contractor must maintain notes from all meetings and conferences in the form of a Decision/Action Tracking report. B. Preconstruction Conference 1. The Owner's Project Manager will schedule and conduct a Preconstruction Conference. 2. The Preconstruction Conference will be held at the Owner's office, Project Site or another convenient location designated by Owner's Project Manager. 3. Participants: a. Owner's Project Manager b. Owner's Project Inspector c. Engineer of Record d. Contractor's Authorized Representative (Mandatory Attendance Required) e. Contractor's QC Manager (Mandatory Attendance Required) (See Section 01400) f. Major Subcontractors (Mandatory Attendance Required) g. Appropriate Manufacturers h. Appropriate Suppliers i. Other interested parties 4. All participants at the conference must be familiar with Project and authorized to conclude matters relating to the Work. 01301-5 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling 5. Agenda— Items of significance to be discussed at the Preconstruction Conference include: a. Introductions b. Notice To Proceed(NTP) c. Directions from the Owner/Engineer d. Emergencies e. Required Notifications f. Contractor's Quality Control (QC) System g. Contractor's Daily Log h. Contractors Daily Construction Reports (submitted weekly) i. Testing and Inspection Laboratory j. Coordination k. Normal Hours of Work 1. Workplace Environment m. Use of Project Site n. Security o. Disruption of Owner's Normal Operations p. Use of Owner's Facilities q. Temporary Facilities and Controls r. Accepting Material Deliveries s. General Correspondence t. Additional Detailed Instructions u. Field Modifications v. Requests for Information (RFI) w. Change Orders x. Progress Payments y. Submittals (List of Owner's Submittal reviewers) z. Record Documents aa. Owner Furnished Contractor Installed(OFCI) Equipment bb. Procurement Issues cc. Direct Purchase Items dd. Project Meetings ee. Permits ff. Subcontractor Issues gg. Waste Management hh. Utilities ii. Environmental Issues jj. Schedule 01301-6 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling kk. Liquidated Damages 11. Project Close-Out mm. As-built Procedures 6. The Owner will prepare meeting minutes of the Preconstruction Conference and distribute minutes to all attendees. C. The Contractor will schedule and conduct the following meetings: 1. Schedule Orientation Meeting 2. Project Partnering Meeting 3. Solid Waste Management Plant Meeting 4. Quality Control Meetings 5. Closeout Conference D. Progress Meetings 1. The Engineer of Record will establish a schedule of construction Progress Meetings. The frequency of these Progress Meetings shall be at the acceptance of Owner's Project Manager and shall be at a minimum of once per month. Contractor must attend Progress Meetings at the times and locations scheduled. The progress meetings will be located at the Contractor's on-site field office unless the Owner's Project Manager approves an alternate location. 2. Attendees: a. Owner's Project Manager b. Owner's Project Inspector c. Engineer of Record d. Contractor Authorized Representative e. Contractor's QC Manager f. Appropriate Subcontractor(s) g. Appropriate Suppliers h. Other entities concerned with current progress or involved in planning, coordination, or performance of future activities must be represented at these meetings. 3. Agenda: a. Review and update Contractor's Decision/Action Tracking Report from previous Progress Meeting. 01301-7 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling b. Schedule Review 1. Review progress since the last meeting; 2. Compare current progress against Progress Schedule 3. Determine how any construction behind schedule will be expedited; A. Present any remedial action plan(s) B. Present any proposed Crashed Scheduling C. Fast Tracking 4. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. c. Review present and future needs of each entity present, including the following: 1. Interface requirements 2. Sequence of operations 3. Status of Submittals 4. State of key deliveries 5. Status of off-site fabrication 6. Site access issues 7. Site utilization 8. Temporary facilities and controls 9. Normal hours of work d. Progress Payments e. Change Orders f. Review updated reports: 1. Submittal Log 2. RFI Log 3. Testing Plan and Log 4. At a minimum, the Contractor must maintain notes for all Progress Meetings in the form of a Decision/Action Tracking Report and updated schedule. One copy of the Decision/Action Tracking Report and any updated schedules must be provided to all attendees and three (3) copies must be submitted to the Owner within forty-eight(48)hours of the meetings. PART 2—PRODUCTS (Not Used) PART 3 —EXECUTION (Not Used) 01301-8 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling PART 4—FORMS (Not Used) END OF SECTION 01301-9 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling This Page Was Intentionally Left Blank 01301-10 CCUA Project No. 1127-003 Administrative Requirements Governor's Park WTP August 2022 Supply Well Drilling SECTION 013200 CONSTRUCTION VIDEO AND PHOTOGRAPHS PART 1 —GENERAL 1.01 DESCRIPTION: A. Provide construction video and photographs that depict preconstruction conditions. B. Provide construction photographs that depict the progress of the Work and conditions at the final inspection. 1.02 SUBMITTALS: A. Submit electronic version of preconstruction video and photographs prior to construction. B. Submit two (2) copies of each set of progress photographs weekly to the CCUA inspector. C. All projects constructed within the Clay County Utility Authority ("CCUA") systems shall have construction photographs taken by the contractor who is installing those utility mains, services, or other appurtenances, which will be owned and maintained by or under the control of CCUA as follows in PART 3 —EXECUTION. D. Submit final photographs with final pay request. PART 2—PRODUCTS (Not Applicable) PART 3 —EXECUTION: 3.01 Photographs shall be taken with a conventional digital camera and show the area affected by the Work. The photographs shall be in color, 5-inches by 7-inches in size, printed on 81/2" x 11" paper with a maximum of two pictures per page. The Contractor shall use a minimum photography resolution of 2048 x 1536 pixel (3 megapixels). 3.02 Photographs shall be taken prior to any Work on the Site, upon completion of underground piping or structures installation and prior to backfilling, and upon completion of the backfilling and grading. 3.03 The photographs taken daily during a given weekly period shall be delivered to CCUA at the beginning of the following week. Photographs may be delivered by electronic mail. 01320-1 CCUA Project No. 1127-003 Construction Video and Photographs Governor's Park WTP August 2022 Supply Well Drilling 3.04 Each photograph shall be dated and labeled in a manner that will clearly describe the Work and the location of the photograph in relation to the project. The location description shall include the roadway name, lot number, station number, physical address if available, or other means of providing information to determine the accurate location where the photograph was taken. 3.05 The Contractor shall use color video with a minimum resolution of 1920 x 1080 pixels (1080p)for full high definition(HD). 3.06 Color video and photographs shall be taken prior to any work on the site documenting all existing conditions. 3.07 Digital versions of video or photographs shall be submitted on a USB flash drive or archival quality DVD. END OF SECTION 01320-2 CCUA Project No. 1127-003 Construction Video and Photographs Governor's Park WTP August 2022 Supply Well Drilling SECTION 013700 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 Description: A. Work Included: Provide a detailed breakdown of the agreed Contract Sum showing values allocated to each of the various parts of the work, as specified herein, and in other provisions of the Contract Documents. B. Related Work: Documents affecting work of this Section include,but are not necessarily limited to, General Conditions, and Supplementary Conditions. 1.2 Quality Assurance: A. Use required means to assure arithmetical accuracy of the sum described. B. When so required by the Engineer, provide copies of the subcontracts or other data acceptable to the Engineer substantiating the sums described. 1.3 Submittals: Prior to commencement, submit a proposed schedule of values to the Engineer. A. Meet with the Engineer and determine data, if any, required to be submitted. B. Secure the Engineer's approval of the values prior to commencement. C. The Schedule of Values at a minimum shall include the following line items. END OF SECTION 013700-1 CCUA Project No. 1127-003 Schedule of Values Governor's Park WTP August 2022 Supply Well Drilling This Page Was Intentionally Left Blank. 013700-2 CCUA Project No. 1127-003 Schedule of Values Governor's Park WTP August 2022 Supply Well Drilling SECTION 014000 QUALITY CONTROL PART 1 - GENERAL 1.1 Section Includes A. Administrative and procedural requirements for quality control services and testing and inspection laboratory services. 1.2 General A. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Those requirements,including inspections and tests, cover production of standard products as well as customized fabrication and installation procedures. B. Inspections, test and related actions specified are not intended to limit the Contractor's quality control procedures that facilitate compliance with Contract Document requirements. C. Requirements for the Contractor to provide quality control services required by the Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section. 1.3 Contractor Responsibilities A. Provide inspections,tests and similar quality control services specified in individual Specification Sections as the Contractor's responsibility and as required by governing authorities, except for those specifically indicated as being the Owner's responsibility; these services include those specified to be performed by an independent agency and not by the Contractor. Include costs for these services in the Contract Sum. B. Provide and pay for costs of retesting and other related costs when: 1. Results of required inspections,tests or similar services prove unsatisfactory and do not indicate compliance with Contract Document requirements, regardless of whether the original test was the Contractor's responsibility. 014000-1 CCUA Project No. 1127-003 Quality Control Governor's Park WTP August 2022 Supply Well Drilling 2. Construction is revised or replaced by the Contractor, where tests were required on original construction. 3. Additional testing is needed or required by the Contractor. 4. Additional trips to the project are necessary by an agency when scheduled times for tests and inspections are cancelled and the agency is not notified sufficiently in advance of cancellation to avoid the trip. C. Cooperate with agencies performing required inspections,tests and similar services and provide reasonable auxiliary services as requested. 1. Notify the agency sufficiently in advance of operations to permit assignment of personnel. 2. Provide access to the Work and furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing and assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. 5. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 6. Secure and protect samples and test equipment at the Project site. D. Coordinate the sequence of activities to accommodate required services with a minimum of delay and coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. E. Schedule times for inspections, tests, taking samples and similar activities. 1.4 Testing Agencies Responsibilities A. Cooperate with the Engineer and Contractor in performance of their duties;provide qualified personnel to perform required inspections and tests. B. Notify the Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of their services. 014000-2 CCUA Project No. 1127-003 Quality Control Governor's Park WTP August 2022 Supply Well Drilling C. Agencies are not authorized to release, revoke, alter or enlarge requirements of the Contract Documents, or approve or accept any portion of the Work. D. Agencies shall not perform any duties of the Contractor. 1.5 Submittals A. Independent testing agencies shall submit three(3)copies of certified written reports of each inspection, test or similar service to the Engineer and to the Contractor. B. Report Data: Written reports of each inspection,test or similar service shall include: 1. Date of issue. 2. Project title and number. 3. Name, address and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making the inspection or test. 6. Designation of the Work and test method. 7. Identification of product and Specification Section. 8. Complete inspection or test data. 9. Test results and an interpretations of test results. 10. Ambient conditions at the time of sample-taking and testing. 11. Comments or professional opinion as to whether inspected or tested Work complies with Contract Document requirements. 12. Name and signature of laboratory or inspector. 13. Recommendations on retesting. 1.6 Qualification of Service Agencies 014000-3 CCUA Project No. 1127-003 Quality Control Governor's Park WTP August 2022 Supply Well Drilling A. Engage inspection and testing service agencies, including independent testing laboratories, which are prequalified as complying with "Recommended Require- ments for Independent Laboratory Qualification" by the American Council of Independent Laboratories, and which specialize in the types of inspections and tests to be performed. B. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the State in which the Project is located. C. Inspection and testing agencies engaged by the Contractor shall be acceptable to Engineer and Owner. D. The Contractor shall use appropriately certified labs for the material tested such as the Florida Department of Transportation,the Florida Department of Environmental Protection, etc. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 Repair and Protection A. Upon completion of inspection, testing, sample-taking and similar services, repair damaged construction and restore substrates and finishes to eliminate deficiencies, including deficiencies in visual qualities of exposed finishes. B. Protect construction exposed by or for quality control service activities and protect repaired construction. C. Repair and protection are the Contractor's responsibility,regardless of the assignment of responsibility for inspection, testing or similar services. END OF SECTION 014000-4 CCUA Project No. 1127-003 Quality Control Governor's Park WTP August 2022 Supply Well Drilling SECTION 015000 CONSTRUCTION FACILITIES PART 1 - GENERAL 1.1 Description: The following criteria shall govern the furnishing of and paying for temporary construction and service items. Such items shall be instituted at the beginning and maintained for the life of the work or until removal or termination is approved by the Engineer. 1.2 Temporary Facilities A. Drinking Water: The Contractor shall provide cool water with dispensing utilities. B. Construction Water: The Contractor shall provide temporary water for construction at the project site. The Contractor shall provide proper back flow devices in order to comply with regulations concerning back flow & cross connection. C. It shall be the Contractor's responsibility to provide temporary electrical power for construction purposes. D. Toilet Facilities: The Contractor shall furnish a portable,job-site toilet enclosure facility through a local company specializing and licensed in this business. The toilet enclosure shall be located on the project site at a point acceptable to the Owner. It shall be maintained daily by the supplying company and removed from the project site upon completion of the project. 1.3 Security A. General: The Contractor shall provide security, as necessary or required, to protect work,property, materials and equipment at all times. B. Rodents and Other Pests: The Contractor, through debris removal, etc., shall control the creation of rodent or pest problems. Should such develop, the Contractor shall secure the services of a licensed exterminator to control. C. Debris Control: Keep premises clean and free from accumulation of debris and rubbish. Provide trash and debris receptacles and require its usage. Remove from site at least weekly. Dispose all debris and rubbish at a properly approved and permitted facility or by using a properly licensed and permitted vender at no cost to the owner. The contractor shall provide the owner copies of all disposal tickets. 015000-1 CCUA Project No. 1127-003 Construction Facilities Governor's Park WTP August 2022 Supply Well Drilling D. Cleaning: As work is completed by trades, areas of work shall be cleaned in preparation for next trade, inspections or general safety of property and person. E. Project Safety: The Contractor shall comply with all applicable governmental and insuring company requirements relative to construction and project safety. Either the superintendent or another company representative must be on the site during all working hours, and shall be trained in project safety and designated as the Contractor's Site Safety Director. 1.4 Quality Assurance A. Comply with industry standards and applicable laws and regulations of authorities having jurisdiction, including but not limited to: 1. Building Code Requirements 2. Health and Safety Regulations 3. Utility Company Regulations 4. Police, Fire Depailtiient and Rescue Squad Rules 5. Environmental Protection Regulations 6. Debris and rubbish transportation and disposal regulations and rules END OF SECTION 015000-2 CCUA Project No. 1127-003 Construction Facilities Governor's Park WTP August 2022 Supply Well Drilling SECTION 01505 MOBILIZATION/DEMOBILIZATION/SITE WORK 1.0 SCOPE 1.1 WORK INCLUDED: This section covers the work necessary to: transport to the site all personnel, supplies and equipment; set up workover and drill rigs, and temporary facilities; equipment referenced in other sections; temporary power, water, and per diem. This section also covers the work necessary to remove from the site all personnel, supplies and equipment; remove workover and drill rigs and temporary facilities; equipment referenced in other sections; and site restoration and cleanup. Time is of the essence. Demobilization shall be completed within two weeks after substantial completion of other site work. 2.0 MATERIALS AND EQUIPMENT 2.1 GENERAL: CONTRACTOR shall provide all materials and equipment required to accomplish the work as specified. 2.2 SECURITY: CONTRACTOR shall provide secured protection for equipment or materials stored at the site or locations designated and approved by OWNER. CONTRACTOR shall assume full responsibility for all supplies, materials, and equipment required by it for the contracted work, whether furnished by itself or other parties, until the well has been installed and accepted by ENGINEER and OWNER. 3.0 WORKMANSHIP 3.1 Construct temporary drilling pad in accordance with Specifications and Drawings. CONTRACTOR shall provide ENGINEER five normal working days notice prior to mobilization to the drilling site. ENGINEER will inform SJRWMD of the CONTRACTOR's schedule. 3.2 CONTRACTOR shall set up all equipment at the site designated by ENGINEER. Confine work to designated work areas. 3.3 Clearing and grubbing of the site will not be performed by OWNER prior to mobilization to site. Some obstructions may not be shown on the site plan. CONTRACTOR is advised to carefully inspect the site and existing facilities before beginning any work at the site. The removal of minor obstructions shall be anticipated and accomplished, even though not shown or specifically mentioned. 01505-1 CCUA Project No. 1127-003 Mobilization/Demobilization/Site Work Governor's Park WTP August 2022 Supply Well Drilling 3.4 CONTRACTOR is responsible for providing physical access to all work areas for all vehicles necessary for well construction and testing. ENGINEER accepts no liability for costs incurred due to CON- TRACTOR's failure to thoroughly examine the site and review existing site plans, data and these specifications. 3.5 CONTAMINATION PRECAUTIONS 3.5.1 Avoid contamination of the project area. Do not dump waste oil, rubbish, or other similar materials on the ground. Cleanup of any contamination by CONTRACTOR or his subcontractors shall be performed by CONTRACTOR at his sole expense. 3.5.2 CONTRACTOR shall be responsible for all remediation related to releases to the surficial aquifer caused by his personnel, equipment and/or materials. 3.6 SUBGRADE PREPARATION FOR AREA OF TEMPORARY PAD: Prior to fill replacement for area, proof-roll the subgrade with a loaded dump truck or similar heavy wheeled vehicle to detect soft or loose zones. Notify ENGINEER prior to commencement of proof-rolling. If soft or loose zones are found, excavate the soft or loose material to a depth accepted by ENGINEER, then fill with granular fill compacted as specified for such fill. Compact the upper 12 inches of the subgrade to 95 percent of relative compaction. 3.7 CLEANUP OF CONSTRUCTION AREAS: 3.7.1 CONTRACTOR shall avoid defacing of the site area. Do not dump waste oil, fuel, rubbish, or other materials on the ground. Restore the site to original condition when work is complete. 3.7.2 Replace or repair any facility, equipment, buildings, fencing, etc. damaged during work. Site cleanup shall be completed to the satisfaction of ENGINEER. Solid waste such as subsurface fluids shall be contained so that it shall not migrate from areas designated by ENGINEER. This includes drill cuttings and debris such as wood, pipe, and hose. Materials shall be segregated and identified and removed and disposed of offsite, as approved by ENGINEER. The replacement of minor obstructions and restoration of physical features, even though not specifically mentioned shall be anticipated and accomplished. 3.7.3 Upon leaving the site at the completion of the work, CON- TRACTOR shall clean equipment and materials of surface and subsurface materials contacted at the site. 01505-2 CCUA Project No. 1127-003 Mobilization/Demobilization/Site Work Governor's Park WTP August 2022 Supply Well Drilling 3.8 HORIZONTAL AND VERTICAL CONTROL: Before drilling begins, the project CONTRACTOR shall survey the site to establish horizontal and vertical control of wells, piping, and equipment. CONTRACTOR shall provide eight certified copies and electronic copy in Adobe Acrobat format of survey upon completion of work. 3.9 WATER SUPPLY: No water supply is available for drilling "make-up" water. CONTRACTOR will supply water for drilling. Costs for drilling a make-up water well will be included in MOBILIZATION. 4.0 PAYMENT 4.1 GENERAL: Payment for all work, materials and equipment specified in this section will be at the unit price lump sum stated in CONTRACTOR's Unit Price Bid Schedule for MOBILIZATION/DEMOBILIZATION (Pay Items No. I-1 and I1-1). 4.2 The total lump sum amount for Mobilization shall be limited to up to 15- percent of the total bid amount in the proposal. Payment for this item shall be made as 80 percent upon complete mobilization of CONTRACTOR to site, and 20 percent upon complete demobilization of CONTRACTOR from site. 4.3 A project close-out meeting is mandatory at the site following CON- TRACTOR's completion of Demobilization. Cost for this shall be included in CONTRACTOR's Unit Price Bid Schedule for MOBILI- ZATION/DEMOBILIZATION (Pay Items No. 1-1 and 11-1). END OF SECTION 01505-3 CCUA Project No. 1127-003 Mobilization/Demobilization/Site Work Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 01505-4 CCUA Project No. 1127-003 Mobilization/Demobilization/Site Work Governor's Park WTP August 2022 Supply Well Drilling SECTION 016000 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Products. B. Transportation and Handling. C. Storage and Protection. D. Product Options. E. Product List. F. Substitutions. G. Product Demonstrations. 1.02 RELATED REQUIREMENTS A. General Conditions. B. Division 1 - Summary of Work. C. Division 1 - Quality Control. Submittal of manufacturer's certificates. D. Division 1 -Warranties and Bonds. E. Division 1 —Equipment Testing and Start-Up. 1.03 PRODUCTS A. Products include material, equipment, manufactured or fabricated products, and systems. B. Comply with Specifications and referenced standards as minimum requirements. C. Components required to be supplied in quantity within a Specification section shall be the same and shall be inter-changeable. 1.04 TRANSPORTATION AND HANDLING A. Order and arrange deliveries of products and equipment in accordance with progress 016000-1 CCUA Project No. 1127-003 Material and Equipment Governor's Park WTP August 2022 Supply Well Drilling schedules to prevent conflicts with work conditions at the site. B. Transport products by methods to avoid product damage and in accordance with manufacturer's instructions. Deliver materials to job site in manufacturer's original unopened containers clearly labeled with manufacturer's name,brand designation and reference specification. C. Provide equipment and personnel to handle products by methods to prevent soiling or damage. Handle products in such a manner as to prevent breakage of containers and damage of any kind. D. Promptly inspect shipments to assure that products comply with Contract Document and approved submittal requirements, quantities are correct, and products are undamaged. Damage sustained by products in transit to job site shall be repaired to the satisfaction of the Field Representative. If damage sustained while transporting products to job site is non-repairable,the products shall be replaced with new ones at no cost to Owner. 1.05 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions,with seals and labels intact and legible.Exposed metal surfaces,not provided with manufacturer specific storage instructions, shall be protected with a light oil or silicone coating to prevent rust while in storage. Maintain within temperature and humidity ranges required by manufacturer's instructions. B. For exterior storage of fabricated products, place on sloped supports, blocking, or skids above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. C. Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with foreign matter. D. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged and are maintained under required conditions. E. Cement, sand, and lime shall be stored under a roof and off the ground and kept dry at all times. F. All structural,miscellaneous, and reinforcing steel shall be stored off the ground to prevent the accumulation of dirt, grease, or standing water from accumulating. Beams shall be stored with the webs vertical. G. Precast concrete shall be stored to prevent the accumulation of dirt, standing water, 016000-2 CCUA Project No. 1127-003 Material and Equipment Governor's Park WTP August 2022 Supply Well Drilling staining, chipping, or cracking. H. Brick, block or similar masonry products shall be stored to prevent to prevent accumulation of dirt and water,and to prevent brakeage,chipping,cracking,staining, and spalling. I. All materials and equipment incorporated into the work shall be handled and stored by the Contractor before,during,and after shipment in a manner to prevent warping, twisting, breaking, chipping, rusting, injury, theft, or damage of any kind. J. Any material or equipment that has become damaged as to become unfit for use or specified, in the opinion of the Engineer, shall be promptly removed from the work and the damaged material or equipment replaced by the Contractor at no additional cost to the Owner. K. Arrange storage in a manner to provide easy access for inspection. L. The Contractor shall be responsible for all material,equipment,and supplies sold and delivered to the Owner under this Contract until Final Completion of the work and acceptance by the Owner. In the event that any such material, equipment, and supplies are lost, stolen, damaged, or destroyed prior to final inspection and acceptance, the Contractor shall replace same without any additional cost to the Owner. M. Should the Contractor fail to take proper action on the storage and handling of materials or equipment supplied under this Contract within seven (7) days after written notice,the Owner retains the right to correct all deficiencies noted and deduct the cost associated with the corrections from the Contractor's Contractor. These costs may comprise expenditures for labor,equipment usage,administrative,clerical, engineering, vendor, and legal fees or any other reasonable costs associated with making the necessary corrections. 1.06 ENCLOSED STORAGE A. The Contractor shall furnish a covered,weather-protected storage structure providing a clean, dry, noncorrosive environment for all mechanical equipment, valves, electrical and instrumentation equipment,architectural items,and special equipment incorporated into the project in compliance with manufacturer's instructions. B. Store products, subject to damage by the elements, in accordance with manufacturer's instructions. C. Maintain temperature and humidity within ranges stated in manufacturer's instructions. 016000-3 CCUA Project No. 1127-003 Material and Equipment Governor's Park WTP August 2022 Supply Well Drilling D. Provide humidity control and ventilation for sensitive products as required by manufacturer's instructions. E. Store unpacked and loose products on shelves,in bins,or in neat groups of like items. 1.07 EXTERIOR STORAGE A. Provide substantial platforms, blocking, or skids, to support fabricated products above ground; slope to provide drainage. Protect products from soiling,staining,and corrosion. B. For products subject to discoloration or deterioration from exposure to the elements, cover with impervious sheet material. Provide ventilation to avoid condensation. C. Store loose granular materials on clean, solid surfaces such as pavement, or on rigid sheet materials, to prevent mixing with foreign matter. D. Provide surface drainage to prevent erosion and ponding of water. E. Prevent mixing of refuse or chemically injurious materials or liquids. 1.08 MAINTENANCE OF STORAGE A. Periodically inspect stored products on a scheduled basis. Maintain a log of inspections, make available to Field Representative on request. B. Verify that storage facilities comply with manufacturer's product storage instructions. C. Verify that stored products exposed to the elements are not adversely affected; that any weathering of finishes is acceptable under requirements of Contract Documents. 1.09 MAINTENANCE OF EQUIPMENT STORAGE A. For mechanical and electrical equipment in long-term storage, provide manufacturer's service instructions to accompany each item,with notice of enclosed instructions shown on exterior of package. B. Service equipment on a regularly scheduled basis, maintaining a log of services; submit as a record document. 016000-4 CCUA Project No. 1127-003 Material and Equipment Governor's Park WTP August 2022 Supply Well Drilling 1.10 PRODUCT OPTIONS/SUBSTITUTIONS A. Product Options/Substitutions shall be in accordance with the requirements of the General Conditions. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 016000-5 CCUA Project No. 1127-003 Material and Equipment Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALY BLANK 016000-6 CCUA Project No. 1127-003 Material and Equipment Governor's Park WTP August 2022 Supply Well Drilling SECTION 017010 PROJECT CLOSEOUT PART 1 - GENERAL 1.1 Section Includes A. Administrative and procedural requirements for project closeout. 1. Inspection procedures. 2. Project record document submittal. 3. Final cleaning. 1.2 Substantial Completion A. Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. 2. Advise Owner of pending insurance change-over requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications and similar documents -refer to Section 017400. 4. Obtain and submit lien releases enabling the Owner unrestricted use of the Work and access to services and utilities; include occupancy permits, operating certificates and similar releases. 5. Submit record drawings, maintenance manuals, and similar final record information. 6. Complete start-up testing of systems, and instruction of the Owner's operating and maintenance personnel. Discontinue or change over and remove temporary facilities from the site, along with construction tools, mock-ups, and similar elements. 7. Complete final clean up requirements, including touch-up painting. Touch-up and otherwise repair and restore marred exposed finishes. 017010-1 CCUA Project No. 1127-003 Project Closeout Governor's Park WTP August 2022 Supply Well Drilling B. When the Contractor considers the Work to be substantially complete, they shall submit a written notice to the Engineer that the Work, or designated portion of the Work, is complete and ready for inspection. C. Within 14 days of receipt of a request for inspection, the Engineer will either proceed with inspection or advise the Contractor of unfulfilled requirements. When the Engineer and Owner concur that the Work, or designated portion of the Work, is substantially complete, the Engineer will prepare the Certificate of Substantial Completion following inspection. D. Should the Engineer determine that the Work is not substantially complete, they will advise the Contractor of construction or other requirements that must be completed or corrected before the certificate will be issued. 1. The Engineer will repeat inspection when requested and assured that the Work has been substantially completed. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.3 Final Completion A. When the Contractor considers the Work to be complete, they shall submit written certification to the Engineer that the Work is completed and ready for final inspection. Include the following: 1. Submit the final payment request with lien releases or waivers of claims and supporting documentation not previously submitted and accepted. Include all inspection certificates, guarantees and warrantees for products, equipment, processes, operations and completed facilities. 2 Submit an updated final statement. 3. Submit a certified copy of the Engineer's final inspection list of items to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, and the list has been endorsed and dated by the Engineer. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion, or when the Owner took possession of and responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 017010-2 CCUA Project No. 1127-003 Project Closeout Governor's Park WTP August 2022 Supply Well Drilling 6. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. The Engineer will inspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except items whose completion has been delayed because of circumstances acceptable to the Engineer. 1. Upon completion of inspection, the Engineer will prepare a certificate of final acceptance, or advise the Contractor of Work that is incomplete, or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, re-inspection process will be repeated. 1.4 Record Document Submittals A. Maintain at the site one complete set of record documents; protect from deterioration and loss in a secure, fire-resistive location. 1. Provide access to record documents for the Engineer's reference during normal working hours. 2. Label each document "PROJECT RECORD" in 2-inch-high printed letters. 3. Do not use for construction purposes. B. Record Drawings: Maintain a clean, undamaged set of blue or black line white-prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark whichever drawing is most capable of showing conditions fully and accurately; where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that was not shown on Contract Drawings or Shop Drawings. 017010-3 CCUA Project No. 1127-003 Project Closeout Governor's Park WTP August 2022 Supply Well Drilling 3. Show elevations and horizontal control dimensions of storm sewers, gravity sewers including laterals, electric cables, television cables, telephone cables, force mains, water mains crossed, and any other underground utilities and structures. Information shall be obtained by surveying by a professional engineer or land surveyor registered in the State of Florida. 4. Note related Change Order numbers where applicable. 5. Organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on the cover of each set. C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda, and one copy of other written construction documents such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions, selection of options and similar information on elements that are concealed or cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. D. Record Product Data: Maintain one copy of each Product Data submittal. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site, and from the manufacturer's installation instructions and recommendations. 2. Give particular attention to concealed products and portions of the Work which cannot otherwise be readily discerned later by direct observation. 3. Note related Change Orders and mark-up of record drawings and Specifications. E. Record Logs: The Contractor shall prepare and submit to the Owner and/or Engineer a final well log for each well which shall include geologic log; borehole diameters; depth of bottom of casing; and/or bottom of borehole; casing diameters and wall thickness; cemented zones; amount of sand removed during 017010-4 CCUA Project No. 1127-003 Project Closeout Governor's Park WTP August 2022 Supply Well Drilling development; and other information from the daily logs pertinent to the well construction. F. Record Survey: Provide as-built survey prepared in accordance with the CCUA As-Built specifications standards manual (www.clayutility.org/engineering/documents/As- BuiltSpecificationsStandardsManual.pdf) and minimum technical standards for surveying as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6 Florida Administrative Code,pursuant to Section 472.027 Florida Statutes. G. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the Work. H. At Contract close-out, deliver one copy of Record Documents to Engineer for Owner. Accompany submittal with transmittal letter in duplicate containing the following information: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 Final Cleaning A. Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. B. Complete the following cleaning operations before requesting inspection for Certification of Substantial Completion and maintain until final completion, except in areas occupied or designated by Owner. 1. Remove labels that are not permanent labels. 017010-5 CCUA Project No. 1127-003 Project Closeout Governor's Park WTP August 2022 Supply Well Drilling 2.. Clean the site, including landscape development areas, of rubbish, litter and other foreign substances. 3. Rake grounds that are neither paved nor planted, to a smooth even-textured surface. C. Remove temporary protection and facilities installed for protection of the Work during construction. D. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner. E. Where extra materials of value remaining after completion of associated Work, they shall become the Owner's property, arrange for any disposition of these materials as directed. 017010-6 CCUA Project No. 1127-003 Project Closeout Governor's Park WTP August 2022 Supply Well Drilling CERTIFICATE OF SUBSTANTIAL COMPLETION Date of Issuance: Owner: Contractor: Project: Governor's Park WTP Supply Well Drilling Bid 21/22/A26 OWNER's Project No. 1127-003 ENGINEER's Project No. This Certificate of Substantial completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: OWNER/ENGINEER And To: CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representative of OWNER, CONTRACTOR and ENGINEER, and the Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents by CDM Smith Inc. 017010-7 CCUA Project No. 1127-003 Project Closeout Governor's Park WTP August 2022 Supply Well Drilling CERTIFICATE OF FINAL COMPLETION Date of Issuance: Owner: Contractor: Project: Governor's Park WTP Supply Well Drilling Bid 21/22/A26 OWNER's Project No. 1127-003 ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: OWNER/ENGINEER And To: CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representative of OWNER, CONTRACTOR and ENGINEER, and the Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF FINAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents by CDM Smith Inc. END OF SECTION 017010-8 CCUA Project No. 1127-003 Project Closeout Governor's Park WTP August 2022 Supply Well Drilling SECTION 017200 RECORD DOCUMENTS PART 1 —GENERAL 1.01 DESCRIPTION A. Scope of Work 1. During construction: At the construction site, maintain for the Owner one (1) record copy of: a. Drawings b. Specifications c. Addenda d. Change Orders and other modifications of the Contract e. Engineer's Field Orders or written instructions f. Approved Shop Drawings, Working Drawings, and Samples g. Field Test Records h. Construction photographs 2. After completion of construction: Contractor shall prepare and deliver to Owner "As-Built" plans which have been prepared in strict accordance with CCUA "As- Built Specifications Standards Manual" latest edition. B. Related Requirements Described Elsewhere: 1. Shop Drawings, Working Drawings, and Samples: Section 01300 2. Construction Facilities: Section 015000 3. CCUA"As-Built Specifications Standards Manual" (https://www.clayutility.org/engineering/development permitting.aspx) 1.02 TERMINOLOGY A. The terms "Record Documents" and "As-Built" are used interchangeably and have the same meaning. 017200-1 CCUA Project No. 1127-003 Record Documents Governor's Park WTP August 2022 Supply Well Drilling 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with CSI format with section numbers as provided herein. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Engineer or the Owner. E. As a prerequisite for monthly Progress payments, the Contractor is to exhibit the currently updated "Record Documents" for review by the Engineer and Owner. Payment may be withheld if record documents are not satisfactorily maintained. 1.04 RECORDING A. Specifications and Addenda: Legibly mark each section to record: 1. Manufacturer, trade name, catalog number of Supplier of each product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. B. Shop Drawings (after final review and approval): Provide six (6) sets of record shop drawings within the Operation and Maintenance Manual, for each process equipment, piping, electrical system and instrumentation system. PART 2—PRODUCTS (NOT USED) PART 3 —EXECUTION 3.01 AS-BUILT SUBMITTALS A. Procedure 017200-2 CCUA Project No. 1127-003 Record Documents Governor's Park WTP August 2022 Supply Well Drilling 1. Contractor's surveyor shall obtain all required field information. 2. Contractor shall obtain the electronic CAD files from Engineer. 3. Contractor shall incorporate the field information into the electronic CAD files. 4. Contractor shall insert the as-built certification block onto all CAD drawing files (regardless of whether information on the particular drawing file has changed from the design or not). The as-built certification block shall contain, as a minimum, the following information: a. The words "AS-BUILT" in 1"high letter. b. The Contractor's name, address and telephone number. c. The Surveyor's name, address and telephone number. d. The date the as-built drawings were prepared. e. Information listed in the CCUA"As-Built Specifications Standards Manual". f. Submit the modified electronic CAD files, along with a PDF document of the CAD drawings, to Engineer for review as a Shop Drawings submittal. g. Incorporate comments received and resubmit. B. At Contract closeout, deliver Record Documents to the Engineer for the Owner. Record Documents which do not comply fully and completely with CCUA Standard As-Built Specification Manual will be rejected. C. For well completion include the following requirements in the "As-Builts": A. Well Location: Survey and stake well locations and corners and mid-section of the parcel property boundary based on coordinates in the plan set.. B. Top of Well Casing/Well Casing Flange: Coordinates (x, y, z) at each edge of the welded flange on top of the casing, coordinates (x, y, z) at each corner of the concrete pad around the well, and ground elevation. D. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project Title and number 017200-3 CCUA Project No. 1127-003 Record Documents Governor's Park WTP August 2022 Supply Well Drilling 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative END OF SECTION 017200-4 CCUA Project No. 1127-003 Record Documents Governor's Park WTP August 2022 Supply Well Drilling SECTION 017400 WARRANTIES AND BONDS PART 1 - GENERAL 1.1 Related Requirements A. General provisions of Contract, including General and Supplementary Conditions. B. Warranties and certificates for specific products - Respective Specification Sections. C. Project Closeout - Section 017010. 1.2 Section Includes A. Administrative and procedural requirements for warranties, bonds, and certifications required by the Contract Documents, including manufacturers standard warranties on products and special warranties. 1.3 Warranty Requirements A. Contractor shall warrant all work covered under this Agreement to be free from defects for a period of 2-years after the date of final completion, unless an additional warranty period is otherwise specified in the technical specifications to provide a longer warranty period. In no event shall the Contractor's work be warranted for less than a 2-year period. B. When correcting warranted Work that has failed, remove and replace other Work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted Work. C. When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. D. Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. E. Written warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor 017400-1 CCUA Project No. 1127-003 Warranties and Bonds Governor's Park WTP August 2022 Supply Well Drilling shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, obligations, rights, or remedies. F. The Owner reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the Contract Documents. G. The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required on such Work or part of the Work, until evidence is presented that entities required to countersign such commitments are willing to do so. 1.4 Submittals A. Submit written warranties to the Owner before requesting inspection for Substantial Completion. If the Owner's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the Owner. B. When a designated portion of the Work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Owner within fifteen days of completion of that designated portion of the Work. C. When a special warranty is required to be executed by the Contractor, or the Contractor and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner for approval prior to final execution. D. Provide written certifications of compliance and other commitments and agreements for continuing services in a form which includes all pertinent information including: 1. Quantities and dates of shipments. 2. Attestment that materials incorporated into the Work comply with specified requirements. Certification shall not be construed as relieving the Contractor from furnishing satisfactory materials, if the material is later found to not meet specified requirements. 3. Signature of officer of company. 4. Laboratory test reports submitted with certificates of compliance shall show dates of testing, specification requirements under which testing was performed, and results of tests. 017400-2 CCUA Project No. 1127-003 Warranties and Bonds Governor's Park WTP August 2022 Supply Well Drilling E. Refer to individual Sections of Divisions 2 through 16 for specific content requirements, and particular requirements for submittal of special warranties. F. Form of Submittal: 1. Compile three (3) copies of each required warranty and bond properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. 2. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. 3. Bind warranties and bonds in heavy-duty, commercial quality, durable 3-ring vinyl covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2 in. by 11 in. paper. 4. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address and telephone number of the installer. 5. Identify each binder on the front and the spine with the typed or printed title "WARRANTIES AND BONDS", the Project title or name, and the name of the Contractor. PART 2 -PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) 017400-3 CCUA Project No. 1127-003 Warranties and Bonds Governor's Park WTP August 2022 Supply Well Drilling MAINTENANCE WARRANTY BOND CLAY COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and , as Surety, are held and firmly bound unto the CLAY COUNTY UTILITY AUTHORITY, as Obligee, in the sum of ($ ) Dollars, for the payment of which said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns,jointly and severally, firmly by the presents. WHEREAS, the Principal is the contractor which installed the for the project known as Governor's Park WTP Supply Well Drilling Bid No. 21/22-A26 has agreed that it shall accept certain improvements located within County right-of-ways or easements, for maintenance, provided that the Principal and Surety deliver to the CLAY COUNTY UTILITY AUTHORITY a maintenance warranty bond, guaranteeing said improvements against faulty workmanship and materials, said bond and guarantee to be in full force and effect for a minimum of two (2) years, beginning the day of (date of Substantial Completion); and this bond shall serve as said maintenance warranty bond; and this bond shall be and remain in full force and effect from its effective date for a minimum period of at least two (2)years. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall fully guaranty, indemnify and save harmless Clay County Utility Authority from any and all loss, costs, expenses and damages, for any repairs or replacements arising out of defective workmanship or materials in the construction or installation of said improvements, then this obligation shall be null and void; otherwise to be and remain in full force and effect. Signed, sealed and dated this day of CONTRACTOR: WITNESS: By: (Seal) Print Name: Print Name: Date: APPROVED: BY: CLAY COUNTY UTILITY AUTHORITY BY: Jeremy D. Johnston, P.E., MBA 017400-4 CCUA Project No. 1127-003 Warranties and Bonds Governor's Park WTP August 2022 Supply Well Drilling Executive Director (SURETY) 017400-5 CCUA Project No. 1127-003 Warranties and Bonds Governor's Park WTP August 2022 Supply Well Drilling WATER AND WASTEWATER MAINTENANCE WARRANTY BOND CONTACT INFORMATION Surety: Contact Name: Mailing Address: Telephone No.: Fax No.: Bonding Agent: License Identification No.: Contact Name: Mailing Address: Telephone Number: Fax Number: 017400-6 CCUA Project No. 1127-003 Warranties and Bonds Governor's Park WTP August 2022 Supply Well Drilling CONTRACTOR WARRANTY TO OWNER: CLAY COUNTY UTILITY AUTHORITY 3176 Old Jennings Road Middleburg, Florida 32068 FROM CONTRACTOR: PROJECT: Governor's Park WTP Supply Well Drilling Bid No. 21/22-A26 CONTRACTOR hereby warrants all materials and workmanship furnished for the installations for the above-referenced project, against any defects for a period of two (2) years from the day of (date of Substantial Completion). This Warranty also includes the "as- built" data recorded on the as-built drawings for this project. This Warranty includes all expenses incurred in servicing or replacing defective material, including cost of all parts, labor and/or replacement material. This Warranty does not apply to any of the above equipment which has been subjected to misuse, improper storage, neglect, accident, acts of God and/or alterations or repairs by other than factory or the Guarantor's authorized service personnel. Nor does it cover expenses incurred for service requested by the OWNER on material which does not prove defective. CONTRACTOR: Date: Print Name: Title: END OF SECTION CCUA Project No. 1127-003 017400-7 Governor's Park WTP WARRANTIES AND BONDS Supply Well Drilling August 2022 This Page was Left Intentionally Blank CCUA Project No. 1127-003 017400-8 Governor's Park WTP WARRANTIES AND BONDS Supply Well Drilling August 2022 SECTION 02311 WATER QUALITY TESTING AND SAMPLING 1.0 SCOPE 1.1 WORK INCLUDED: This Section describes the water sampling and water quality testing work to be performed under this Contract. CONTRACTOR will contract out and pay for the services of an FDEP-certified water laboratory to perform water quality testing as specified within this Contract. 1.2 SUBMITTALS: CONTRACTOR shall submit a statement of qualifications of the proposed laboratory with an FDEP-approved quality assurance and quality control plan to ENGINEER for approval prior to sampling. 2.0 MATERIALS & EQUIPMENT 2.1 WATER QUALITY SAMPLING PARAMETERS CONTRACTOR shall assist ENGINEER with collecting and shall coordinate and pay all associated laboratory costs for the following samples: 2.1.1 During reverse-air drilling of Well No. 1 and Well No. 2 at 60-foot intervals, as described in Section 02673, DRILLING: a) Specific Conductance (field) b) Chloride (field) c) Temperature (field) d) Sulfide (field) e) pH (field) f) TDS g) Chloride h) Sulfate i) Total Sulfide 2.1.4 Final background analysis upon completion and development of Well No. 1 as described in Section 02673, DRILLING: a) State Primary Drinking Water Standards (DWS) b) State Secondary DWS c) Total Sulfide d) Dissolved Oxygen (field) e) Dissolved Iron f) Bicarbonate Alkalinity 02311-1 CCUA Project No. 1127-003 Water Quality Testing and Sampling Governor's Park WTP August 2022 Supply Well Drilling g) Carbonate Alkalinity h) Magnesium i) Potassium j) Specific Conductance k) Turbidity (field) 3.0 WORKMANSHIP 3.1 LABORATORY DUTIES 3.1.1 Provide water quality analysis as described in Paragraph 2.1 , Water Quality Sampling Parameters, above in a timely manner as to permit data to be used to determine casing setting depths. Results are needed as quickly as possible for water quality samples as described above in order not to delay CONTRACTOR. A one-week turnaround time is expected for all sample results except for the final background sample for each well. 3.1.2 Perform background water sample collection using properly trained personnel for water samples after development of each well. 3.1.3 Promptly notify ENGINEER and CONTRACTOR of any irregularities in sample. 3.1.4 Submit five copies of test results immediately after completion of testing. Reports must follow FDEP Standard Operating Protocols and shall include, as a minimum, the following information: 3.1.4.1 Well identification. 3.1.4.2 Water sample identification showing sample depth. 3.1.4.3 Time and date of sample. 3.1.4.4 Laboratory name/telephone/address/QA-QC contact person. 3.1.4.5 Signature of inspector. 3.1.4.6 Methods of test. 3.1.4.7 Chain-of-Custody receipts. 3.2 WATER SAMPLES —WELL NO. 1 AND WELL NO. 2 3.2.1 During reverse-air drilling through the Floridan aquifer (between approximately 400 feet and 1,200 feet bls), CONTRACTOR shall collect representative water samples every 60 feet for field water quality analysis by ENGINEER. Samples shall be collected in perfectly clean plastic bottles, supplied by CONTRACTOR, with nonmetallic caps and of a capacity of not less than 16 fluid ounces. Each bottle and cap shall be rinsed twice with the water to be sampled before collecting the corresponding sample. Sample bottles for field water quality analysis shall be clearly labeled in an indelible way with the well identification, depth, 02311-2 CCUA Project No. 1127-003 Water Quality Testing and Sampling Governor's Park WTP August 2022 Supply Well Drilling time and date. It shall be CONTRACTOR's sole responsibility to collect, protect and deliver the water samples, properly labeled and stored after collection, to ENGINEER. 3.2.2 Sample bottles for laboratory water quality analyses shall be clearly labeled in an indelible way with the well identification, depth, time and date. It shall be CONTRACTOR's sole responsibility to collect, protect and deliver the water samples, properly labeled and stored after collection, to the approved water testing laboratory in a timely manner. 3.2.3 After completion of drilling and after development of Well No. 1, CONTRACTOR shall arrange for an approved water laboratory to take background water samples from the well. Samples shall be collected at the end of well development as directed by ENGINEER. CONTRACTOR shall notify ENGINEER and the laboratory 48 hours prior to the sampling event. Parameters analyzed for the determination of background water quality are listed in Table 02311-1 at the end of this Section. 4.0 PAYMENT 4.1 GENERAL: Payment for all work, materials, and equipment specified in this section shall be at the unit price as stated in CON-TRACTOR's Unit Price Bid for WATER QUALITY TESTING AND SAMPLING (Pay Items No. I-11 and II-11). CONTRACTOR has the sole responsibility for delivery of the samples to the approved laboratory and full compensation to the laboratory for analytical work performed. TABLE 02311-1 Standard Water Quality Sampling Parameters List A:Reverse-Air Drilling List B:Final Background Specific Conductance(field) State Primary DWS Chloride(field) State Secondary DWS Temperature(field) Total Sulfide Sulfide(field) Dissolved Oxygen(field) pH(field) Dissolved Iron TDS Bicarbonate Alkalinity Chloride Carbonate Alkalinity Sulfate Magnesium Total Sulfide Potassium Specific Conductance Turbidity(field) END OF SECTION 02311-3 CCUA Project No. 1127-003 Water Quality Testing and Sampling Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 02311-4 CCUA Project No. 1127-003 Water Quality Testing and Sampling Governor's Park WTP August 2022 Supply Well Drilling SECTION 02673 DRILLING 1.0 SCOPE 1.1 WORK INCLUDED: This section covers the work, materials, and equip- ment necessary for drilling and sampling of boreholes by the rotary method, complete, during the drilling activities. 2.0 MATERIALS & EQUIPMENT 2.1 GENERAL 2.1.1 All equipment shall be in good operating condition and operated and maintained in strict conformance with manufacturer's recommendations. 2.1.2 CONTRACTOR shall provide a drilling pad to control all fluids from discharge on site during drilling operations. The pad design shall be proposed by CONTRACTOR and approved by ENGINEER prior to commencing with drilling activities. No mudpits will be allowed on site. 2.2 DRILLING EQUIPMENT 2.2.1 CONTRACTOR shall provide appropriate rotary drilling rig(s) capable of completing the wells as described in these specifications and as shown on the Drawings. Provide tools, bits, and all other necessary equipment for drilling. The head on the well shall be controlled by CONTRACTOR at all times during all drilling phases. 2.2.2 Standard Mud Rotary and Reverse-air drilling techniques are acceptable. Other drilling techniques shall require ENGINEER's approval prior to use. 2.3 DRILLING FLUID 2.3.1 Bentonite drilling mud, and other additives as approved by ENGINEER, shall be used to advance the borehole. No water is available at the site. CONTRACTOR can drill a water supply well used for drilling. Additives and fluids are also subject to approval by the regulatory agencies. 02673-1 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling 2.3.2 CONTRACTOR shall use only drilling fluids and additives specifically recommended by the manufacturer for use in water well drilling. Avoid contamination of the samples or the aquifer. Do not introduce muds, clays, or drilling aids into the well or use lime, cement, organic matter, or other material to stop circulation losses of the drilling fluid, without reviewing the proposed program with ENGINEER. 2.3.3 Off site discharge of fluids during the well construction and testing shall be controlled by CONTRACTOR at all times. Drilling mud and cuttings generated during mud rotary drilling shall be retained within steel mud tubs. Unlined or plastic lined pits will not be allowed. Reverse-air drilling fluids and development water shall be conveyed to a location approved by ENGINEER or re-circulated into the well. 2.3.4 Water will require settling to reduce turbidity prior to disposal. ENGINEER must approve methods of settling excess turbidity prior to commencing each pumping test. CONTRACTOR is responsible for meeting turbidity requirements prior to discharge water entering stormwater collection systems or receiving waters. No discharges are allowed without the ENGINEER's approval. 2.4 TEST AND SAMPLING EQUIPMENT The CONTRACTOR shall: 2.4.1 Provide equipment for measuring drilling fluid properties. 2.4.2 Provide approved sampling bags or containers for formation samples. 2.4.3 Provide approved one-liter clean plastic sample containers for groundwater sampling during drilling and testing. 2.4.4 Provide equipment for measuring flow rates and water levels during the short-term specific capacity tests. 3.0 WORKMANSHIP 3.1 DRILLING: 3.1.1 CONTRACTOR shall notify the ENGINEER 5 working days (Sat- urdays, Sundays, and federal holidays excepted) prior to drilling. 02673-2 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling 3.1.2 CONTRACTOR shall provide at all times a thoroughly experienced, competent, and licensed driller during all drilling operations at the site. CONTRACTOR's drilling superintendent shall be onsite during all phases of drilling and testing activities. 3.1.3 CONTRACTOR shall construct the well in strict conformance with all laws, rules, regulations, and standards related to the construction of the wells in the State of Florida, Clay County, and SJRWMD. All required construction permits shall be the responsibility of and obtained by CONTRACTOR prior to initiating drilling. 3.1.4 CONTRACTOR shall coordinate all drilling and sampling equipment prior to initiation of drilling. Drill the boreholes to the dimensions described in these Specifications or as approved by ENGINEER. Final well depths shall be determined by ENGINEER in the field. 3.1.5 CONTRACTOR shall drill the boreholes so as to permit the installation of the casing straight and plumb, to the tolerances specified in Section 02674 CASING. 3.1.6 CONTRACTOR shall take all necessary precautions to prevent contaminated water, gasoline, or other deleterious substances from entering the well, either through the opening or by seepage through the ground surface. Maintain precautions during and after construction of the well until accepted by the OWNER. 3.1.7 The wells shall be drilled by the rotary method using mud rotary circulation through the unconsolidated and surficial formations to a depth of approximately 400 feet. Reverse-air closed circulation shall be used below the depth of 400 feet to total depth of the wells unless otherwise approved by ENGINEER. 3.1.8 Borehole Preparation for Geophysical Logging shall include, but is not limited to, 1) continuation of circulation until drill cuttings have been removed from the borehole and 2) circulation of the drilling mud in the borehole until it is uniform and the drill pipe has been removed from the borehole. 3.1.9 The CONTRACTOR must make all reasonable efforts to leave the borehole free from obstructions in preparation for geophysical logging. 02673-3 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling 3.1.10 Drill the boreholes to the dimensions and at the approximate location shown on the well construction drawings. The exact location will be determined by ENGINEER in the field. 3.1.11 Reaming of the pilot holes shall be done with a stepped bit reamer with a lead bit the size of the pilot-hole bit and progressively larger diameter bits up to the reamer size required. Each bit shall be a minimum of 2 feet apart in the reamer bit assembly to ensure that the reamer assembly follows the pilot hole. 3.1.12 When re-circulating or disposing of formation water during closed-circulation, reverse-air drilling, CONTRACTOR shall allow proper settlement time to prevent cuttings from entering the well as directed by ENGINEER. 3.1.13 A blowout preventer (BOP), capable of containing artesian pressure in the well, shall be placed at the wellhead ready for service at all times when drilling in zones with artesian flow. The CONTRACTOR shall demonstrate proficiency in using the BOP to the satisfaction of the ENGINEER. The BOP shall be capable of closing in the well in such time as to prevent any discharge of fluids from the drilling pad. 3.1.14 It is the intent of this Contract that no drilling fluids or waters developed during construction be allowed to escape the confines of the drilling pad. The pad sump drain must be capped off until completion of the well. 3.1.15 During reverse-air drilling, CONTRACTOR shall establish a static water level prior to commencement of drilling operations each day. Water level shall be monitored periodically and recorded on the daily drilling report. 3.2 DRILLING LOGS The CONTRACTOR shall: 3.2.1 Furnish ENGINEER daily with a Field Activity Report (FAR). The FAR shall include tabulation of quantities for each unit price pay item and a description of all approvals made by ENGINEER. The report shall accurately describe the geologic materials and depths encountered; the location of lost-circulation zones and methods of regaining circulation; water producing zones; drilling rates; diameters and lengths of casing installed; and time, depth, and 02673-4 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling description of any unusual occurrences or problems during drilling. The report shall give number of hours on the job, shutdown and standby time with explanation, the water level at the beginning of daily operations, types of bits used, and such other pertinent data as may be requested by ENGINEER. Include full names of CONTRACTOR employees and Specialty Subcontractors working at or visiting the site. Use copies of the FAR located at the end of this section, or equal. 3.2.2 Keep a copy of the FAR at the drill site for inspection by the ENGINEER. Keep the report up-to-date with the progress of drilling and other activities. The report shall be signed by both the CONTRACTOR and ENGINEER at the completion of each day's drilling. Failure to keep this record up-to-date shall be grounds for the ENGINEER to stop drilling operations without compensation or additional contract time awarded to the CONTRACTOR. 3.2.3 File all drilling and well records and reports with the proper agencies required by federal, state, and local permits, codes or regulations. Assist ENGINEER, as necessary, with any additional well completion reports required by the regulatory agencies. 3.3 BOREHOLE TESTING AND SAMPLING 3.3.1 CONTRACTOR shall drill boreholes of the diameters and to the total depth of the well as determined in the field by ENGINEER. Sampling shall be conducted on the nominal 8 to 12-inch diameter pilot holes drilled during each phase of the well construction, or as otherwise determined by ENGINEER. 3.3.2 Formation samples shall be logged and circulated from the borehole so to provide representative samples to the extent possible during advancement of the borehole. CONTRACTOR shall control advancement and reveal the rate of penetration information and hydraulic information to ENGINEER periodically and at changes in the drilling response. CONTRACTOR shall not be compensated for cores or other samples conducted by CONTRACTOR to assist with drilling operations. 3.3.3 Representative formation samples shall be collected between five feet below land surface to the total depth of each well drilled. Duplicate samples shall be collected at each 10-foot interval and at each change in formation or material type. The method must yield samples that are representative of the actual depth to which drilling has progressed. Each formation sample shall be 02673-5 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling approximately one pint in volume. CONTRACTOR shall place each sample in a container labeled with the date, well identification, and depth interval from which the sample was taken clearly marked on the container using indelible ink. Submit one set of samples to ENGINEER's construction trailer immediately upon collection. The second set of formation samples shall be kept in cloth bags which will be secured by CONTRACTOR. 3.3.5 CONTRACTOR shall assist ENGINEER in obtaining a representative water quality sample at every rod change (no more than 60 feet between samples) during reverse-air drilling operations through the Floridan aquifer system, as approved by ENGINEER. 3.3.6 CONTRACTOR shall conduct a short-term (approximately 30 to 60-minute duration) air-lift, specific capacity test prior to each water sample collected during reverse-air drilling operations. A flow measuring device shall be installed by CONTRACTOR to monitor discharge quantities during drilling operations to within 10 percent of actual values. CONTRACTOR is responsible for measuring and recording pumping rate and well water level drawdown during tests. It is anticipated that each specific capacity test will take approximately 30 to 60 minutes. Water level instrumentation must be capable of measuring pressures of 200 feet above or 500 feet below the drilling table during the specific capacity testing. Tests shall be conducted in presence and under the direction of ENGINEER unless otherwise directed by ENGINEER. 3.3.7 CONTRACTOR shall make available access to each well during construction for water level measurements by ENGINEER when requested. No daily drilling activities shall commence until static water level has been obtained to the satisfaction of ENGINEER. 3.4 DISPOSAL OF CUTTINGS AND WATER 3.4.1 CONTRACTOR shall remove from the drill site all cuttings, mud rotary drilling fluid, or other material removed by drilling operations which are not required to complete the work. Dispose of such material at a location and in a manner approved by ENGINEER. Solid materials shall be disposed of by hauling to an approved site. 3.4.2 Tanks shall be of sufficient size to allow for specific capacity testing and packer testing without the re-introduction of fluids 02673-6 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling into the production well during such testing. A minimum of 10,000 gallons of storage is required during all testing activities unless otherwise approved by ENGINEER. No discharge to land surface of drilling fluid or saltwater will be allowed at the site. 3.4.3 CONTRACTOR shall be responsible for providing, installing and maintaining all necessary tank trucks, pipe, pumps and equipment necessary to pump and haul excess pad drainage, drilling fluid and pumped water to an ENGINEER-approved predetermined disposal site, in accordance with federal, state and local regulations. 3.4.4 It is the intent to drill using closed circulation techniques during reverse-air drilling. 3.4.5 During closed circulation drilling below the final casing setting depth, CONTRACTOR shall take precautions to minimize suspended solids from re-entering the well. 3.5 ALIGNMENT REQUIREMENTS 3.5.1 Pilot holes and reamed holes shall be drilled round and straight throughout. 3.5.2 A mechanical drift indicator shall be run in pilot holes and reamed holes at intervals not greater than 90 feet. Tool scale shall clearly delineate 10 minutes or less. Any deviation in plumbness greater than 1 degree shall be corrected by the drilling Contractor at its own expense. 3.5.3 ENGINEER may modify the requirements for plumbness and straightness if, in his judgment: 3.5.3.1 Deviations are due to subsurface conditions and CONTRACTOR has exercised all possible care to avoid deviations; and 3.5.3.2 The deviations will not materially affect the usefulness or performance of the well or further drilling operations, including settings of casings and future testing. 4.0 PAYMENT 02673-7 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling 4.1 Drilling shall be measured in linear feet of hole drilled, to the nearest foot. Payment for all drilling shall be made at the unit price per foot drilled, as stated in CONTRACTOR's Unit Price Bid Schedule for DRILLING (Pay Items Nos. 1-2, 1-3, 11-2, and 11-3). Payment for the temporary drilling pad shall be included in MOBILIZATION/DEMOBILIZATION (Pay Items No. I-1 and II-1). 4.2 Payment for all sampling and testing activities during drilling, as described in section 3.3 above, shall be included in the unit price per foot in CONTRACTOR's Unit Price Bid Schedule for PILOT HOLE DRILLING (Pay Items No. 1-2 and 11-2) and REAMING (Pay Items No. 1-3 and 11-3). 4.3 Drilling depths and casing depths are estimates only. The actual depths of these items shall be more or less as determined in the field by ENGINEER. Unit costs for these items shall remain the same, regardless of the actual depths or quantities used. END OF SECTION 02673-8 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling FIELD ACTIVITY REPORT (Well No. 1 and Well No.2) Date: OWNER: Clay County Utility Authority CONTRACTOR Well No.: Casing/Hole Diameter: -inch Depth of Well: Depth to Water(below ground): Start of Shift feet Start of Shift feet End of Shift feet End of Shift feet Log of Materials Encountered Depth Description From To Daily Materials Used Description Quantity Units Remarks: (Character of drilling, quantities delivered to site, etc.) CONTRACTOR: Driller: ENGINEER: Helpers: (Use other side for more comments) 02673-9 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling Additional Comments: Date: CONTRACTOR: ENGINEER: 02673-10 CCUA Project No. 1127-003 Drilling Governor's Park WTP August 2022 Supply Well Drilling SECTION 02674 CASING 1.0 SCOPE 1.1 WORK INCLUDED: This section covers the Work, materials, and equipment necessary for furnishing and installing the well casing and all related fittings, appurtenances, and transition adapters, complete. 1.2 SUBMITTALS: The casing manufacturer's mill certificates shall be required for each joint of casing used during construction of the production well before pipe is delivered to site. Any casing joint not having legible, traceable identification will be rejected. CONTRACTOR shall deliver submittals in accordance with Section SUBMITTALS. 2.0 MATERIALS & EQUIPMENT 2.1 GENERAL: Provide all materials and equipment necessary for joining and installing the casing and appurtenances as specified. CONTRACTOR shall provide all casing of the types, thicknesses, diameters, and weights as specified. All casing shall be of new, first quality material and free of defects in workmanship and handling. Casing sizes and thicknesses shall be as follows: Outside/Inside Wall Approximate Well Diameter1 Thickness Weight Total Length2 (inches) (inches) (lbs/Ft) Per Well (Feet) Wells No. 1 30.00/29.25 0.375 118.6 50** and No. 2 Well No. 1 20.00/19.25 0.375 78.6 400 and No. 2 1 All well casing shall be steel, grade B or equal. 2 Total length shall be determined in field upon selection of optimum production zone. ** Pit casing is optional 2.2 WELL CASING 02674-1 CCUA Project No. 1127-003 Casing Governor's Park WTP August 2022 Supply Well Drilling 2.2.1 CONTRACTOR may elect at his expense to install shallow surface (pit) casing for the well. The purpose of the pit casing is to prevent undermining of the drilling pad during initial drilling and casing setting activities. CONTRACTOR shall select the material, dimensions, and grade of pipe for this purpose, however, pipe selected is to be of sufficient strength to hold the drilled hole open until the first casing string is set and cemented. The surface casing may be driven, vibrated, or grouted into place, and shall be installed to such a depth as CONTRACTOR judges necessary to prevent washout or undermining of the drilling pad during construction of the wells. If driven or vibrated into place, CONTRACTOR shall exercise care not to disturb existing structures adjacent to the work area. 2.2.2 Final casing for Wells No. 1 and No. 2 shall be new and unused carbon steel pipe, shall be seamless, electric resistance welded, or double submerged arc welded with one longitudinal seam, and shall conform to the latest revision of ASTM 139, Grade B. Final casing strings shall be new and unused carbon steel pipe and shall be seamless, and shall conform to ASTM A53, and/or API 5L, Grade B, latest revision. Ends of plain end pipe shall be perfectly square and shall be furnished beveled for field V-notch butt welding. 2.2.3 Steel casings shall be equal to those manufactured by Bethlehem Steel Company; National Tube Division of the U.S. Steel Company; or equal. Casings shall be furnished uncoated, except that ends may be coated for protection. 2.2.4 Casing that is delivered to the site in a condition which will not yield an acceptable cement bond shall be sandblasted prior to installation. ENGINEER shall determine when the casing is suitable for installation. 2.2.7 Lengths of casing specified above are approximate. Exact lengths shall be determined in the field by ENGINEER. 2.3 FITTINGS 02674-2 CCUA Project No. 1127-003 Casing Governor's Park WTP August 2022 Supply Well Drilling 2.3.1 CONTRACTOR shall provide all fittings, drive shoes, and centering guides as shown on the well construction drawings or as necessary to complete the well. All fittings, drive shoes, and centralizers will be constructed of the same material as casing. 2.3.2 Casings shall be provided with the following minimum accessories: 2.3.2.1 A full opening guide shoe. 2.3.2.2 Centralizers at 5 feet above the bottom end. 2.3.2.3 Centralizers at 25 feet above the bottom end. 2.3.2.4 Centralizers at 50 feet above the bottom end. 2.3.2.5 Centralizers at 100 feet above the bottom end. 2.3.2.6 Centralizers every 100 feet thereafter to nearest 100 feet from pad surface. 2.3.3 Casing centralizers shall be spaced at 120 degrees around the casing at each interval and shall be constructed of the same material as the casing attached. Their concave surface shall be against the casing. Centralizers shall be installed in a vertical line to facilitate the installation of tremie pipes for grouting. 2.3.4 Centralizers for steel casing shall be manufactured by Pathfinder Oil Tool, Lawton, OK; Halliburton Company, Duncan, OK; Dowell of Tulsa, OK; or approved equal; or may be fabricated in the field from the same material as the casing to which they are welded. Centralizers shall be aligned vertically to facilitate cementing of tubing and casing by tremmie methods, allowing tremmie lines to be installed near the targeted cementing depth. 3.0 WORKMANSHIP 3.1 GENERAL: 3.1.1 All casing shall be installed by a method appropriate to the attached drawings, as selected by CONTRACTOR and approved by ENGINEER. The casing must be new, unused, and clean as approved by ENGINEER. 3.1.2 Casing lengths shall be flush joint and joined watertight by a method appropriate to the material used, as selected by CONTRACTOR and approved by ENGINEER, so that the resulting joint shall have the same 02674-3 CCUA Project No. 1127-003 Casing Governor's Park WTP August 2022 Supply Well Drilling structural integrity as the casing itself. Any couplings shall be API or equivalent, made up so that when tight, all threads shall be buried in the lip of the coupling. No solvent or fusion welding of plastic pipe shall be permitted. 3.1.3 Casing which fails, collapses, or separates during construction shall be removed from the hole and repaired or replaced at the CONTRACTOR's sole expense. 3.2 WELDING PERFORMANCE QUALIFICATIONS: All welders and welding operators shall be certified at CONTRACTOR's sole expense by a qualified testing laboratory before performing any welding under this section. Qualification tests shall be in accordance with Section IX, Article III of the ASME Boiler and Pressure Vessel Code. Welders and operators shall be qualified for making groove welds in carbon steel and stainless steel pipe in positions 2G and 5G for each welding process to be used. Qualification tests may be waived if evidence of prior qualification is deemed suitable by ENGINEER. CONTRACTOR shall retest any welders at any time ENGINEER considers the quality of the welder's work substandard. When ENGINEER requests the retest of a previously qualified welder, the labor costs for the retest will be at OWNER's expense if the welder successfully passes the test. If the welder fails the retest, all costs shall be at CONTRACTOR's expense. 3.3 END PREPARATION: Pipe ends shall be prepared preferably by machine shaping. Beveled ends for butt welding shall conform to ANSI B16.25. 3.4 CLEANING: Surfaces shall be clean and free of paint, oil, rust, scale, slag or other material detrimental to welding. 3.5 ALIGNMENT AND SPACING 3.6.1 Align ends to be joined within existing commercial tolerances on diameters, wall thickness and out-of-roundness. Root opening of the joint shall be as stated in the procedure specification. 3.6.2 The shielded metal-arc process shall be used for all carbon steel field welding. 3.6.3 No welding shall be performed if there is impingement of any rain or high wind on the weld area, or if the ambient temperature is below 32 degrees F. If the ambient temperature is less than 32 degrees F, local preheating to a temperature warm to the hand is required. 02674-4 CCUA Project No. 1127-003 Casing Governor's Park WTP August 2022 Supply Well Drilling 3.6.4 Tack welds, if not made by a qualified welder using the same procedure as for the completed weld, must be completely removed. Tack welds which are not removed shall be made with an electrode that is the same as, or equivalent to, the electrode to be used for the first weld pass. Tack welds that have cracked shall be removed. 3.6.5 Each layer of deposited weld metal shall be thoroughly cleaned prior to the deposition of each additional layer of weld metal, including the final pass, with a power-driven wire brush. Surface defects which will affect the soundness of weld shall be chipped out or ground out. 3.6.6 There shall be a minimum of three weld passes on pipe sizes 6 inches and larger. There shall be a minimum of a full root and second pass on all welded pipe 4 inches and under. 3.6.7 Welded joints shall be allowed to cool for not less than 30 minutes before weld is placed in contact with water. 4.0 PAYMENT 4.1 GENERAL: 4.1.1 Installed casing shall be measured in linear feet to the nearest foot below land surface. Payment for providing and installing all well casing shall be made at the unit prices per foot installed, as stated in CONTRACTOR's Unit Price Bid for CASING (Pay Items No. 1-5 and 11-5). 4.1.2 Full payment for providing and installing all fittings, couplings, and centralizers specified in this section shall be included in the unit prices as stated in CONTRACTOR's Unit Price Bid for CASING (Pay Items No. 1-5 and 11-5). 4.1.4 Payment for providing and installing any surface casing to the depth selected by CONTRACTOR, complete, shall be included in the Lump Sum unit price as stated in CONTRACTOR's bid for MOBILIOZATION/DEMOBILIZATION (Pay Items No. 1-1 and II-1). END OF SECTION 02674-5 CCUA Project No. 1127-003 Casing Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 02674-6 CCUA Project No. 1127-003 Casing Governor's Park WTP August 2022 Supply Well Drilling SECTION 02677 GROUT SEAL 1.0 SCOPE 1.1 WORK INCLUDED: This section covers the work, materials, and equipment necessary for furnishing and installing the grout seal. Work covered by this section shall be performed by a service company specialized in the field of grout sealing and cementing of oil, water and wastewater wells. The service company shall provide onsite services of a technical representative during cementing operations with demonstrated experience in the field related to this project. 1.2 SUBMITTALS 1.2.1 Specifications on any grout used to cement the annular space. 1.2.2 Densometer charts, when applicable. 1.2.3 CONTRACTOR shall deliver submittals to ENGINEER in accordance with Section SUBMITTALS. 1.3 CONTRACTOR shall be responsible for notifying all other agencies as required which may need to witness grouting. These may include SJRWMD, local Health Departments, etc. 2.0 MATERIALS & EQUIPMENT 2.1 GENERAL: CONTRACTOR shall provide grout, additives, bentonite and any other materials and equipment necessary for placement of the grout as specified and as directed by ENGINEER. Drill pipe, tremie line, water source and other materials and equipment necessary to complete the work specified shall be provided by CONTRACTOR. 2.2 PORTLAND CEMENT: Must conform to ASTM C 150, Type II. 2.3 GRAVEL: Must conform in size to SJRWMD rules, regulations, or permit conditions for well abandonment and the borehole/casing diameter. Fine gravel or sand shall only be used during grouting activities if approved by ENGINEER. 2.4 BENTONITE AND OTHER ADDITIVES: Furnish all Bentonite required for cementing in the proportions specified in the Bid Schedule and as directed by ENGINEER. Furnish other cementing additives formulated specifically for well cementing as required by ENGINEER. 02677-1 CCUA Project No. 1127-003 Grout Seal Governor's Park WTP August 2022 Supply Well Drilling 3.0 WORKMANSHIP 3.1 CEMENT GROUT MIX: CONTRACTOR shall portion 1 cubic foot of cement (i.e., one sack) to not more than 5.8 gallons of potable water. All grout shall have zero percent free water when pumped. 3.2 ADDITIVES: 3.2.1 The use of special cements or other admixtures (ASTM C494) to reduce permeability, increase fluidity and/or control set time and the composition of the resultant slurry must be approved by ENGINEER. A high shear mixer shall be used by CONTRACTOR for additives and totally hydrated to a smooth slurry before adding cement. For each grout batch, about 5 to 10% of the mixing water shall precede the other components. Consistency and method of mixing shall be reviewed by ENGINEER prior to grouting. 3.2.2 Work covered under Subsection 3.2, ADDITIVES, shall be performed by a service company specialized in the field of grout sealing and cementing of oil, water, and wastewater wells. The service company shall provide on-site, during cementing operations, the services of a technical representative with demonstrated experience in the field and area related to this project. The cement service company shall be subject to approval by ENGINEER based upon their experience in Florida. 3.2.3 CONTRACTOR shall furnish all bentonite and other cementing additives required for cementing in the proportions specified in CONTRACTOR's Bid Schedule and as directed by ENGINEER. 3.2.4 A standard mud balance shall be used by CONTRACTOR to measure consistency of slurry density. Cool clean potable water shall be used to mechanically mix with cement at the site immediately before placement. Consistency and mixing shall be approved by ENGINEER. 3.3 PLACING 3.3.1 The method of grout placement must force grout from the bottom of the space to be grouted to the surface. The grouting shall be done continuously and in such a manner as shall assure the entire filling of the borehole, well and annular space and ensure a watertight seal around the well casing to avoid downward or upward movement of water along the casing annulus and bore- hole. 02677-2 CCUA Project No. 1127-003 Grout Seal Governor's Park WTP August 2022 Supply Well Drilling 3.3.2 All cementing of casing shall be accomplished in the presence of ENGINEER or his representative. If cementing activities require observation by a SJRWMD representative, as determined by the ENGINEER, CONTRACTOR shall coordinate cementing activities to accommodate this requirement at no additional cost to OWNER. 3.3.3 The pressure tremie method is required for all subsequent cement stages. The bottom of the tremie line shall initially be set within five feet of the top of the previous annular grout tag in the well, as approved by ENGINEER. Dual tremie pipes shall be used and have an inside diameter of not less than 1.5 inches. Dual tremie pipes shall be withdrawn as the annulus is filled and before the cement has begun to set. A single tremie pipe with a larger diameter can be used in lieu of the dual tremie pipes if approved by ENGINEER. 3.3.4 Surface casing shall be grouted by pressure tremie, pressure cap, displacement plug, or grout shoe methods. Method of grouting must be approved by ENGINEER. 3.3.5 Staging and use of gravel, thixotropic or other high-yield cement types with special additives shall be required through highly permeable intervals, if approved by ENGINEER and SJRWMD. The gravel shall be introduced at a metered uniform rate in the manner to be approved by ENGINEER and that shall allow even placement of the gravel. Every precaution shall be taken by CONTRACTOR to ensure placement without bridging of the materials as they are introduced into the well. 3.4 ENGINEER shall inform CONTRACTOR of the amount and type of cement to be used prior to each cementing operation. CONTRACTOR shall submit to ENGINEER 48 hours before cementing starts a detailed schedule for the complete operation including capacity of the pump and equipment to supply and mix cement slurry. During each cement stage pumped, grout samples shall be collected by CONTRACTOR and checked for density by a Pressurized Fluid Density Balance and by a recording Radiometric Densometer, or as otherwise approved by ENGINEER. These grout samples must by collected a minimum of three times for each cement batch pumped; before pumping, middle of the batch, and near the end of the batch. The slurry density determination shall be conducted in accordance with the latest edition of API Spec 10. Slurry density determined in the field shall be compared with the specified slurry density indicated on the mill certificate which results in 02677-3 CCUA Project No. 1127-003 Grout Seal Governor's Park WTP August 2022 Supply Well Drilling zero percent free water and shall be presented to ENGINEER prior to the start of cementing operations. No cement slurry shall be pumped until the specified slurry density is obtained. 3.5 SETTING TIME: No drilling operations shall be permitted until grout has cured. Minimum setting time between stages shall be at least 12 hours. Longer time shall be necessary when high-yield cement is used. After cementing is completed on a casing, casing and well must remain undisturbed for at least 24 hours for setting of the cement prior to drilling out the cement plug in the well. Further setting requirements for the final casing strings on the well are contained in Section CASING. 3.6 TAG DEPTH: CONTRACTOR shall demonstrate the tag depths to the satisfaction of ENGINEER and regulatory inspector prior to grouting. The depth to the top of the existing grout or borehole shall be determined by washing out the annular space, if necessary, as approved by ENGINEER and regulatory inspector. 3.7 CONTRACTOR shall be solely responsible for any defect in the cementing work due to improper, or a lack of, equipment, technology, personnel or experience, either by CONTRACTOR or of any of its subcontractors. CONTRACTOR shall pay all costs necessary to correct such defects. Should CONTRACTOR fail to correct defects, ENGINEER may refuse to accept the well. 3.8 Throughout all cementing operations, CONTRACTOR shall exercise extreme care to prevent the collapse of casing. As a minimum, during placement of cement by the tremie method, a pressure-tight bulkhead is to be maintained on the casing being cemented and during cementing, and for 8 hours following placement of cement, a pressure of 100 pounds is to be maintained in the casing. The heating and cooling of the cement may require that water be added or released from the casing to maintain the required pressure. 4.0 PAYMENT 4.1 CEMENT: Cost of cement and cement pumping shall be paid at the unit price per cubic foot of cement pumped as stated in CONTRACTOR's Unit Price Bid for the type and quantities of CEMENT (Pay Items No. 1-6 and 11-6). This shall include all necessary equipment, materials, and subcontracted services required to properly cement the casing as specified. Payment for all work, materials, and equipment specified which are required to tag the top of each grout stage shall be included in the 02677-4 CCUA Project No. 1127-003 Grout Seal Governor's Park WTP August 2022 Supply Well Drilling unit price per cubic foot installed as stated in CONTRACTOR's Unit Price Bid Schedule for CEMENT. Waiting on cement time for each stage shall be included in the corresponding unit price per cubic foot of cement; and the amount of time required between stages and upon completion of cementing of each casing for cement setting shall be in accordance with this section and Section CASING. 4.2 GRAVEL: The cost for supply and placement of gravel shall be paid at the unit price per cubic yard installed as stated in CONTRACTOR's Unit Price Bid for GRAVEL (Pay Items No. 1-7 and 11-7). END OF SECTION 02677-5 CCUA Project No. 1127-003 Grout Seal Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 02677-6 CCUA Project No. 1127-003 Grout Seal Governor's Park WTP August 2022 Supply Well Drilling SECTION 02678 WELL DEVELOPMENT 1.0 SCOPE 1.1 WORK INCLUDED 1.1.1 This section covers the work, materials, and equipment necessary for the development of Well No. 1 and Well No. 2. 1.1.2 Development of the wells shall be by open circulation until all visible particulate matter has been removed from the drilling fluid to the satisfaction of ENGINEER. 1.1.3 The total development time is estimated to be 8 to 12 hours. However, ENGINEER shall be the sole judge as to when development is complete and shall, therefore, increase or decrease the total development time. 1.1.4 SUBMITTALS: CONTRACTOR shall submit certification that the flow- meter has been calibrated within 30 days prior to development. Calibration data shall accompany the certification and shall be provided to ENGINEER 10 days prior to well development. 2.0 MATERIALS & EQUIPMENT 2.1 AIR-LIFT EQUIPMENT CONTRACTOR shall: 2.1.1 Provide an air line and compressor of adequate size and length to be able to surge the well with air. The airlift equipment shall be capable of pumping up to a maximum flow of 500 gpm for Well No. 1 and Well No. 2. 2.1.2 Furnish and install all necessary compressors, piping, tools, pumps, and any other equipment to develop the wells be airlifting to obtain a maximum flow of 500 gpm with air as stated above and as approved by ENGINEER. 2.1.3 Provide a tee with lateral outlet horizontal and all necessary piping to properly contain and measure the flow of water and dispose of it in accordance with these specifications. Provide a seal on top outlet to prevent overflowing and a tee and pipe of the same diameter as the corresponding casing. 2.1.4 Be prepared for straight air development and or reverse air. Straight air development may require eductor piping lowered to the development zones to increase development action. 02678-1 CCUA Project No. 1127-003 Well Development Governor's Park WTP August 2022 Supply Well Drilling 2.2 HIGH CAPACITY PUMPING EQUIPMENT: CONTRACTOR shall furnish a turbine pump and discharge equipment and piping for development of the well by pumping. Pump and appurtenances are specified in Section PUMPING TESTS. 3.0 WORKMANSHIP 3.1 INITIAL DEVELOPMENT BY AIRLIFTING 3.1.1 The purpose of the development work is to remove effectively from the well, well walls and the formation immediately adjacent to the well, material like mud, clay, cuttings, rock fragments, and any other type of loose or potentially loose materials. The injection well and monitoring wells shall be developed by the air development method as follows: 3.1.1.1 Development shall be done by utilization of a single pipe air pumping system using the casing or the borehole itself as the educator line. The compressors, air lines, hoses, fittings, etc., shall be of adequate size to pump the well by the airlift principle up to a maximum flow of 500 gpm with air. CONTRACTOR shall initially pump the well with air until the well is developed to the point that it yields clear, sand-free water. He shall then shut off the air and allow water in the well to return to a static condition. He shall then reopen the valve and reintroduce air into the well until water is again brought to the surface by the airlift, at which time he shall close the air valve and allow the water to drop back down the well and return to a static condition. He shall repeat this lifting and dropping of the column of water until the water in the well becomes turbid at which time he shall continuously pump the well with air until it again yields clear sand-free water. CONTRACTOR shall repeat the above operations until the well no longer produces fine material when it is surged and backwashed as described above, or until ENGINEER is satisfied that development is complete. 3.1.1.2 The bottom of the air line shall be placed at different levels in order to facilitate development of all intake areas and multiple water producing zones, and the process repeated until all zones yield water free of turbidity when surged and backwashed, as directed by ENGINEER. 3.2 INSTALLATION OF PUMPING EQUIPMENT: After initial development of the well, the high capacity pump, flow measuring device(s), discharge piping, access pipe/airline, and other necessary appurtenances shall be installed for development and testing as specified in Section PUMPING TESTS. 02678-2 CCUA Project No. 1127-003 Well Development Governor's Park WTP August 2022 Supply Well Drilling 3.3 PUMPING DEVELOPMENT 3.3.1 CONTRACTOR shall operate the pumping development equipment continuously at such rates of discharge (between approximately 700 and 2,500 gpm) and such periods of time as determined by ENGINEER. The well shall be pumped until the water is free from sand, silt, and turbidity and/or until no further improvement in turbidity and specific capacity can be observed, and in a manner that will contain all water produced. ENGINEER shall determine when development by high capacity pumping is complete. 3.3.2 The static water level in the well shall be allowed to recover for a time equal to the pumping development time before start of the Variable-Rate Stepped- Drawdown Test. 3.4 PUMP REMOVAL: Do not remove the pump and appurtenant equipment until the work is complete as specified in Section PUMPING TESTS and as approved by ENGINEER. 3.5 WATER SAMPLING: After the wells have been fully developed, as determined by ENGINEER, each well shall be sampled to determine background water quality. The sampling shall be conducted as specified in Section 02311, WATER QUALITY SAMPLING AND TESTING, and Section 02673, DRILLING. 4.0 PAYMENT 4.1 HOURLY DEVELOPMENT: Payment for development of the wells, regardless of the method(s) used, shall be made at the unit price per hour, to the nearest half hour, as stated in CONTRACTOR's Unit Price Bid Schedule for WELL DEVELOPMENT (Pay Items No. 1-10 and 11-10). CONTRACTOR shall not be paid the hourly rate for development during the time the equipment is not actually in use for development of the well, or for any equipment repair, or for any time, in the opinion of ENGINEER, that the development procedure is not being accomplished in accordance with these Specifications, its direction, or both. Payment at the hourly rate shall constitute full compensation for all labor, materials, and equipment specified in this section. 4.2 HIGH CAPACITY PUMP SETUP: Payment for high capacity pump setup and pumping time is specified in Section 02681, PUMPING TESTS. END OF SECTION 02678-3 CCUA Project No. 1127-003 Well Development Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 02678-4 CCUA Project No. 1127-003 Well Development Governor's Park WTP August 2022 Supply Well Drilling SECTION 02679 GEOPHYSICAL LOGGING 1.0 SCOPE 1.1 WORK INCLUDED: 1.1.1 This section covers the work, materials, and equipment necessary for geophysical logging of the borehole and wells. 1.2 SUBMITTALS 1.2.1 Two (2) field copies of each requested geophysical log shall be provided to ENGINEER by CONTRACTOR immediately upon the completion of each logging event. 1.2.2 Two (2) final copies of each field geophysical log, including one (1) electronic copy (Adobe Acrobat format), and one (1) data file (Log ASCII Standard format), shall be provided to ENGINEER by CONTRACTOR upon ENGINEER's review of field copy for such items as accuracy, scale, reproducibility, etc. 1.2.3 Geophysical logging probe or sonde schematic for each downhole tool used. 2.0 MATERIALS & EQUIPMENT 2.1 GENERAL 2.1.1 CONTRACTOR shall provide a sheave or other means from which the logging Subcontractor may hang geophysical logging equipment during logging events. 2.1.2 Logging Subcontractor shall be provided in CONTRACTOR's list of Specialty Subcontractors as stated in the Bid Package. 2.1.3 CONTRACTOR will provide continuous digital recording geophysical logging equipment capable of running the following: a. Spontaneous Potential Log b. Natural Gamma Ray Log c. XY Caliper Log d. Temperature and Delta Temperature Log 02679-1 CCUA Project No. 1127-003 Geophysical Logging Governor's Park WTP August 2022 Supply Well Drilling e. Fluid Resistivity Log f. Flowmeter (with flow interpretation analysis) Log g. Dual-Induction Log h. Video survey (with rotating head) 3.0 WORKMANSHIP 3.1 GENERAL 3.1.1 Geophysical Logging shall be conducted in general accordance with the program outlined in SECTION 01010, SUMMARY OF WORK, and in accordance with the Geophysical Logging summary in Table 02679-1 at the end of this section. 3.1.2 A nominal 8 to 12-inch diameter pilot hole shall be drilled by CONTRACTOR to the depth determined by ENGINEER and prepared for geophysical logging. Borehole preparation shall include, but not be limited to: (1) continuation of circulation until drill cuttings have been removed from the borehole and (2) circulation of the drilling mud in the borehole until it is uniform and the drill pipe has been removed from the borehole. CONTRACTOR must make all reasonable efforts to leave the borehole free from obstructions in preparation for geophysical logging. 3.1.3 Logging shall be performed by CONTRACTOR as soon as possible after drilling and preparation of each pilot hole. The logging interval shall be the total depth of the pilot-hole or less as determined by ENGINEER. 3.1.4 CONTRACTOR shall provide access to the well for the purpose of water level measurements or otherwise as requested by ENGINEER during geophysical logging events. 3.1.5 Testing of the well may be conducted concurrent with geophysical logging events. It shall be CONTRACTOR's responsibility to assist ENGINEER as directed during logging events. 3.1.6 All logs shall be clearly labeled with all pertinent information regarding the well, location, depths, scales, etc. Repeat sections shall be run to verify logging tool performance on all logs. The repeat sections shall consist of 20 percent of the borehole 02679-2 CCUA Project No. 1127-003 Geophysical Logging Governor's Park WTP August 2022 Supply Well Drilling length up to 200 feet in length. ENGINEER shall select the section of the borehole to perform the repeat section. 3.1.8 Color Video surveys of the borehole shall be recorded on DVD format or MP4 format. CONTRACTOR shall furnish OWNER with a DVD of all runs, 1 field copy, and 2 copies of each survey. 3.1.9 All logs run on the pilot holes of the exploratory well shall be run with scales of 1 inch equals 100 feet; 2 inches equals 100 feet; and 5 inches equals 100 feet. 3.2 NOTIFICATION REQUIREMENTS: Regulatory agencies or other interested parties may require attendance at geophysical logging events. CONTRACTOR shall provide ENGINEER with a 24-hour notice prior to logging to facilitate coordination of the logging activities. 4.0 PAYMENT 4.1 GENERAL 4.1.1 Payment for all work, materials, Subcontractors, and equipment specified in this section and assisting the ENGINEER or the OWNER during geophysical logging shall be made at the unit price per logging event as stated in CONTRACTOR's Unit Price Bid Schedule for GEOPHYSICAL LOGGING (Pay Items No. 1-4 and 11-4). A summary of the geophysical logs for each logging event is provided in Table 02679-1 at the end of this section for Well No. 1. 4.1.2 Standby time during logging shall be included in CONTRACTOR's Unit Price Bid Schedule for GEOPHYSICAL LOGGING (Pay Items No. 1-4 and 11-4). No additional standby time shall be awarded during the logging events. END OF SECTION 02679-3 CCUA Project No. 1127-003 Geophysical Logging Governor's Park WTP August 2022 Supply Well Drilling TABLE 02679.1 Proposed Geophysical Logging Program for the Governor's Park Supply Wells No. 1 and No.2 Geophysical Logs Well Configuration Interval Natural Dual Video Fluid Flow- Temp SP Caliper Gamma Induction Survey BCS Resistivity meter Supply Well No.2 Pilot Hole 0 to 400 Reamed Hole 0 to 400 Final Well 0 to 1,200 A ♦ ♦ ♦ ♦ ♦ s/D ♦ s/D ♦s/D ** List of logs assumes final borehole is drilled using reverse-air drilling techniques. Sip Static and dynamic logging required END OF SECTION 02679-4 SECTION 02681 PUMPING TESTS 1.0 SCOPE 1.1 WORK INCLUDED 1.1 .1 This section covers the work, materials, and equipment necessary for the variable rate step-drawdown tests on each well and Aquifer Performance Test (APT), complete. 1.1 .2 The estimated length of each variable-rate, step-drawdown pumping test at Well No. 1 and No. 2 is 8 hours. Three to four different pumping rates shall be utilized during this test. The rates and time steps shall be determined by ENGINEER in the field. The pump shall be left undisturbed and in place during the recovery period, approximately equal to 50 percent of each pump test duration. However, ENGINEER shall be the sole judge as to length of the test and may increase or decrease the total pumping time of the test. 1.13 An APT will be conducted in the completed test production well No.2 after Well No. 1 is completed. The estimated length of the APT is estimated at 48-hours. The rate shall be determined by ENGINEER in the field and is estimated at approximately 2,500 gpm. The pump shall be left undisturbed and in place during the recovery period, approximately equal to 50 percent of the pump test duration. However, CONSULTANT shall be the sole judge as to duration of the test and may increase or decrease the total pumping time of the test. 1.1 .4 ENGINEER shall determine the time to begin the variable-rate step- drawdown test and the APT within the time constraints of the Contract period. 2.0 MATERIALS & EQUIPMENT 2.1 TEST PUMP: CONTRACTOR shall: 2.1 .1 Furnish and install a test pump and driver capable of pumping from 700 to 2,500 gallons per minute (gpm). The pump shall not be fitted with a foot valve. 2.1 .2 Provide a butterfly valve, or equal, on the discharge side of the pump for adjustment of flow rate down to 700 gpm if the test pump engine cannot be sufficiently throttled. 2.1 .3 Provide a pumping unit prime mover, controls, and appurtenances capable of being operated without interruption for an hour period. 2.1 .4 Furnish engine-driven equipment or shall make their own arrangements for power for well pumping tests. 02681-1 CCUA Project No. 1127-003 Pumping Tests Governor's Park WTP August 2022 Supply Well Drilling 2.1 .5 Install the pump, motor, and discharge head for access to run geophysical logs while pumping, and to provide access for water level measurements by ENGINEER. 2.2 FLOW MEASURING DEVICE: CONTRACTOR shall provide flowmeter(s) capable of measuring the pump discharge within ± 5 percent of true flow for flow rates from 700 to 2,500 gpm. 2.3 DISCHARGE PIPING: CONTRACTOR shall furnish, install, maintain, and operate discharge piping for the pump unit of sufficient size to convey pumped water to the designated discharge location as directed by ENGINEER. 2.4 ACCESS PIPE: CONTRACTOR shall provide and install a 1-%-inch minimum ID pipe to permit installation of a pressure transducer data logger to be furnished by CONTRACTOR. The pipe shall terminate approximately 2 feet above the pump bowls and be of sufficient strength to remain open for the duration of the test. 2.5 WATER LEVEL MEASURING DEVICE: CONTRACTOR shall provide and install pressure transducer data logging device(s) to monitor water levels in Well No. 1. and any applicable monitoring wells as determined by the ENGINEER. The pressure transducer data logging device(s) will be capable of correcting for barometric pressure fluctuations and be capable of operating under an absolute pressure range up to 250 feet. The pressure transducer data logging device(s) will be capable of real-time measurement readings. The depth of the pressure transducer installation will be determined by the ENGINEER. 3.0 WORKMANSHIP 3.1 INSTALLATION OF PUMPING EQUIPMENT: The pump, flow measuring device(s), discharge piping, access pipe/air-line, and other necessary appurtenances shall be installed for the well pumping tests. 3.2 PRELIMINARY CAPACITY PUMPING TEST 3.2.1 If requested, the CONTRACTOR shall run a preliminary pumping test prior to each pumping test. The preliminary pumping test shall be conducted to establish rates and evaluate equipment performance, including discharge capacity, and to estimate the production capacity of the well prior to implementation of the step drawdown test. Operate the pumping test equipment continuously at rates of discharge and for periods of time as determined by ENGINEER. Duration of such preliminary test shall be approximately one hour. 3.2.2 Unless otherwise approved by ENGINEER the preliminary capacity pumping test shall be run on the day preceding the pumping test. 02681-2 CCUA Project No. 1127-003 Pumping Tests Governor's Park WTP August 2022 Supply Well Drilling 3.2.3 The static water level in the well shall be allowed to recover for a time equal to the duration of the preliminary test before start of well pumping test or longer as determined by ENGINEER. 3.3 PUMPING TEST 3.3.1 CONTRACTOR shall operate the variable-rate step-drawdown and aquifer performance pumping test equipment continuously at rates of discharge and for periods of time prescribed by ENGINEER. CONTRACTOR shall provide an operator during the entire time the pump is in operation, as required by ENGINEER, to operate the prime mover and to regulate discharge by the throttling device during the test pumping period. 3.3.2 At the completion of the pumping test, the pump bowls and column shall not be removed from the well for a time equal to 50 percent of the total pumping time to allow accurate water level recovery measurements to be taken, or less as determined by ENGINEER. No additional standby time or pumping time payment shall be awarded during this period. 3.4 FURTHER DEVELOPMENT 3.4.1 If considerable quantities of fines are pumped out of the well during the test, CONTRACTOR shall discontinue the test and resume well development. ENGINEER shall be the sole judge as to whether such additional development is necessary. 3.4.2 After completion of the test, CONTRACTOR shall sound the well and remove any sand or silt accumulated in the well as a result of the test. 3.5 DISPOSAL OF WATER 3.5.1 Disposal of water shall be the responsibility of CONTRACTOR. CON- TRACTOR's method of disposal shall follow an approved route, prevent re-circulation of discharged water into the interval tested until authorized to do so, and provide for erosion control and sedimentation along the entire flow route. 3.5.2 Water will require settling to reduce turbidity prior to disposal or re- circulation into the well following the test. ENGINEER must approve methods of settling excess turbidity prior to commencing each pumping test. CONTRACTOR is responsible for meeting turbidity requirements prior to discharge water entering the stormwater collection system or receiving waters if that option is considered and approved by ENGINEER. Water recirculated into the well shall have 5 mg/I total suspended solids or less at all times. 3.6 WATER LEVEL ACCESS 3.6.1 CONTRACTOR shall provide access at the wellhead for water level measurements in the well prior to and during the pumping test. 02681-3 CCUA Project No. 1127-003 Pumping Tests Governor's Park WTP August 2022 Supply Well Drilling 4.0 PAYMENT 4.1 HIGH CAPACITY PUMP SETUP: Payment for setup of pumping test, including furnishing, temporarily installing, and removing the high capacity pump, driver and associated discharge piping, and storage shall be made at CONTRACTOR's Unit Price Bid Schedule for VARIABLE RATE PUMPING TEST (Pay Items No. 1-8 and 11-8). Payment shall constitute full compensation for all time, materials, and equipment required to obtain, assemble, and remove the equipment. 4.2 HOURLY OPERATION: Payment for pumping test, including the preliminary pumping test, shall be made at CONTRACTOR'S Unit Price Bid Schedule for PUMPING HOURS (Pay Items No. 1-9 and 11-9), to the nearest '/2 hour per day. CONTRACTOR will not be paid the hourly rate for the pumping test during the time the equipment is not actually in use or in the event the pumping test is not performed for the full duration directed by ENGINEER. 4.3 FURTHER DEVELOPMENT: Payment for removal of accumulated sand or silt from the well resulting from the pumping test shall be made at the unit price per hour for the method used as stated in CONTRACTOR's Unit Price Bid Schedule for WELL DEVELOPMENT (Pay Items No. 1-10 and 11-10). END OF SECTION 02681-4 CCUA Project No. 1127-003 Pumping Tests Governor's Park WTP August 2022 Supply Well Drilling SECTION 02686 STANDBY TIME AND DOWN TIME 1.0 SCOPE 1.1 DEFINITIONS 1.1.1 Standby time shall be paid for shutdown time of the equipment and crew for any portion of the normal working day (7:00 am to 7:00 pm, Monday through Friday unless otherwise approved) when ENGINEER's representative orders work to cease or when other activities at the site preclude work by CONTRACTOR, as approved by ENGINEER's repre- sentative. Standby time does not include time when ENGINEER's representative or a regulatory agency or other authority order work to cease because of safety, lack of proper equipment or supplies, or violation of federal, state, or local rules, regulations, or statute. 1.1.2 Downtime shall mean that time, other than standby time, during which drilling could occur but does not or when machinery is broken down, proper materials or equipment as specified in this document are not available, or CONTRACTOR elects not to drill. Downtime includes adverse weather conditions and delayed arrival of regulatory inspectors. 1.1.3 Extra work shall mean that time, other than standby time, during which CONTRACTOR is directed to provide all equipment and a crew to perform extra work not specifically addressed in the GENERAL REQUIREMENTS or elsewhere in these Contract Documents. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) PART 4 PAYMENT 4.1 GENERAL: Payment for standby time (resulting from each cause approved by ENGINEER) shall be at the unit price per hour, to the nearest half-hour per day, as stated in CONTRACTOR's Unit Price Bid Schedule for STANDBY TIME (Pay Items No. 1-13 and 11-13). 4.2 DOWNTIME: All downtime shall be at the sole expense of CONTRACTOR. 4.3 ENGINEER STANDBY TIME: ENGINEER must be given 24 hours notice exclu- sive of weekends and holidays, prior to any testing or grouting activities. If ENGINEER is notified to be on site for these activities and CONTRACTOR is not ready, then ENGINEER shall be reimbursed by CONTRACTOR at the rate of $200.00 per hour, during normal working hours, starting at the time scheduled by CONTRACTOR and notified to ENGINEER. END OF SECTION 02686-1 CCUA Project No. 1127-003 Standby Time and Down Time Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 02686-2 CCUA Project No. 1127-003 Standby Time and Down Time Governor's Park WTP August 2022 Supply Well Drilling SECTION 02689 TEMPORARY WELLHEAD CAPPING AND VALVES 1.0 SCOPE 1.1 WORK INCLUDED: This Section covers the work necessary for furnishing and installing the well heads and various manually operated valves and check valves in the wellheads, complete. 1.2 GENERAL: Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization for operation, maintenance, spare parts and manufacturer's service. 1.3 SUBMITTALS: Submittals shall be made in accordance with Section 01300, SUBMITTALS. 2.0 MATERIALS & EQUIPMENT 2.1 GENERAL: 2.1.1 Provide all materials and equipment necessary for capping Well No. 1 as specified and shown in the Drawings and in accordance with these specifications. 2.1.2 All valves shall be complete with all necessary operating handwheels, extension stems, worm and gear operators, operating nuts, chains and wrenches which are required for the proper completion of the work included under this Section. 2.1.3 Renewable parts including discs, packing and seats shall be of types recommended by valve manufacturer for intended service. 2.1.4 All units shall have the name of the manufacturer and the size of the valve cast on the body or bonnet or shown on a permanently attached plate in raised letters. 2.1.5 For the purpose of designating the type and grade of valve desired, a manufacturer's name and list or figure number is given in the following specifications. Valves of equal quality by other manufacturers will be considered in accordance with the General Conditions. 2.2 DESIGN FEATURES 2.2.1 Provide all materials as specified in the Drawings for temporary wellhead, complete, whether or not materials are explicitly called out in this section. 2.2.2 Approved alloys are of the following ASATM designations 2.2.2.1 Brass and bronze components of valves and appurtenances which have surfaces in contact with the water shall be alloys containing less than sixteen percent zinc and two percent aluminum. 02689-1 CCUA Project No. 1127-003 Temporary Wellhead Capping and Valves Governor's Park WTP August 2022 Supply Well Drilling 2.2.2.2 Approved Alloys are of the following ASTM Designations: Type 304 or 316 stainless steel with inconell cladding on flow wetting parts shall be used as specified on the Drawings. 3.0 WORKMANSHIP 3.1 GENERAL 3.1.1 Bolt holes of flanged valves shall straddle the vertical centerline of the pipe run. Prior to installing flanged valves, the flange faces shall be thoroughly cleaned. After cleaning, insert gasket and bolts, and tighten the nuts progressively and uniformly. If flanges leak under pressure, loosen or remove the nuts and bolts, reseat or replace the gasket, retighten and/or reinstall the nuts and bolts, and retest the joints. Joints shall be watertight at test pressures before acceptance. 3.1.2 Thoroughly clean threads of screwed joints by wire brushing, swabbing, or other approved methods. Apply approved joint compound to threads prior to making joints. Joints shall be watertight at test pressures before acceptance. 3.2 PLACING: Generally, unless otherwise indicated on the Drawings, all valves installed in horizontal runs of pipe having centerline elevations 4 feet 6 inches or less above the finish floor or grade shall be installed with their operating stems vertical. Valves installed in horizontal runs of pipe having centerline elevations between 4 feet 6 inches and 6 feet 9 inches above the finish floor or grade shall be installed with their operating stems horizontal. If adjacent piping prohibits this, the stems and operating handwheel shall be installed above the valve horizontal centerline as close to horizontal as possible. Valves installed in vertical runs of pipe shall have their operating stems oriented to facilitate the most practicable operation. 3.3 TESTING 3.3.1 Wellhead fittings and valves shall be tested for leaks. Joints shall show no visible leakage under test. Repair all joints that show signs of leakage prior to final acceptance. If there are any special parts of control systems or operators that might be damaged by the wellhead test, they shall be properly protected. CONTRACTOR will be held responsible for any damage caused by the testing. 3.3.2 If requested by ENGINEER, the valve manufacturer shall furnish an affidavit stating the materials option furnished and/or that they have complied with these and other referenced Specifications. 02689-2 CCUA Project No. 1127-003 Temporary Wellhead Capping and Valves Governor's Park WTP August 2022 Supply Well Drilling 3.4 PAINTING: Painting shall be executed and with materials as approved by ENGINEER. 4.0 PAYMENT 4.1 GENERAL: Payment for all work, materials, and equipment specified in this section shall be at the lump sum unit prices for temporary wellhead at Well No. 1, complete, as stated in CONTRACTOR's Unit Price Bid Schedule for WELLHEAD AND PAD (Pay Items No. 1-12 and 11-12). END OF SECTION 02689-3 CCUA Project No. 1127-003 Temporary Wellhead Capping and Valves Governor's Park WTP August 2022 Supply Well Drilling THIS PAGE LEFT INTENTIONNALLY BLANK 02689-4 CCUA Project No. 1127-003 Temporary Wellhead Capping and Valves Governor's Park WTP August 2022 Supply Well Drilling fl$ Va Lr 21 '1% ot-wi Clay County F �. �• �\ Site Location ,Clay County G�90 s -� rL Site Location GS v :0 Revised 2/27/2022 Drawing No. 1 Governor's Park WTP Supply Well Drilling 0 2.5 5 mi Location Map I I I isR s.LLc y N Scale: 1:250,000 Bout- ------ ARD -------f_____7------7 .--------- " ..-------- • WELL 2 N: 2040495.48 ♦♦♦♦♦♦♦♦.` WELL 1 E: 434220.16 ♦♦♦♦♦♦♦♦♦♦♦♦` N: 2040495.48 ♦♦♦♦♦♦♦♦♦♦♦♦ 1//11 E: 433723.80 WETLAND ._._._♦.,• 20' WETLAND SETBACK I . ♦�♦. ♦� NI 11.0 j0 200 400 800 I I Feet 1:4800.01 TITLE DATE REVISION SHEET NO. 9 Dewberry. GOVERNOR'S PARK SUPPLY WELL DRILLING Dewberry Engineers Inc. Drawing 2 202 Lake Miriam Dr Suite El PROJECT PROJ. NO. DRAWING NO. Lakeland, FL 33813 1127-003 GOVERNOR'S PARK SUPPLY WELL 863.345.0838 DRILLING 1127-003 2 CA#8794 Supply Well No. 1 0 - ±50' - I 30" Dia. Steel Pit Cas. 200 Pump 400 — t 400'1111141°- 20"Dia. Final Steel Casing 8 C 600 -- cn c - as J - a) m 800 — au a) u_ 1000 — 1200 — ±1,200' —\19"Dia. Legend Open Hole Cem. Open 1400 s« Drawing No. 3 Governor's Park WTP Supply Well Drilling Well Completion Diagram Supply Well No. 1 Steel cap with two 2" access ports 'LI I ` I 14 Blind Flange 20" Dia. 2.5' I- Final Steel Casing Land Surface _ ---, 30" Dia. Steel Casing Not to Scale s Drawing No. 4 Governor's Park WTP Supply Well Drilling Temporary Wellhead Completion Diagram