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B+B Site Dev-$465,170.97 Commerce Center Construction PRICE PROPOSAL, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF DRY RETENTION AREAS AND LAKE AREA FOR: CITY OF OKEECHOBEE October 2023 CAS Project No. 22-2252 CRAIG A. SMITH & ASSOCIATES Consulting Engineers, Planners, Surveyors 1426 E Newport Center Dr Deerfield Beach, FL 33442 (561 ) 314-4445 \\cas-file\Projects\Cities Villages Towns\Okeechobee\22-2252-1-2- LS Commerce\CONSMGMT\DOCS\PRICEPROPOSALS\B&B\0001Cover.doc • OCC-PRICE PROPOSAL PRICE PROPOSALS DUE: Proposer: B&B Site Development, Inc. • Revised:09-13-2023 1 PM TUESDAY,SEPTEMBER 19,2023 t. CITY OF OKEECHOBEE OKEECHOBEE COMMERCE CENTER-RETENTION AREA&LAKE EXCAVATION CAS PROJECT NO.22-2252 PROJECT DURATION:120 DAYS 1. PROPOSER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE PROJECT DOCUMENTS TO PROVIDE A COMPLETE PROJECT AS SHOWN ON THE PLANS AND SPECIFICATIONS FOR THE FOLLOWING LUMP SUM AND/OR UNIT PRICES. 2.PROPOSALS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXES AND FEES. ITEM NO DESCRIPTION QUANTITY UNIT UNIT COST TOTAL THE LUMP SUM(LS)PRICES FOR ITEMS 1-5 SHALL BE DONE IN ACCORDANCE WITH THE PROJECT DOCUMENTS AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL REQUIREMENTS. BONDING AND PROJECT SIGN COSTS ARE TO BE INCORPORATED IN THE PRICE PROPOSAL. 1 Mobilization and Demobilization 1 LS 46,197.00 46,197.00 2 Maintenance of Traffic 1 LS 7,500.00 7,500.00 IN ADDITION TO THE ABOVE DESCRIPTION, THE LUMP SUM (LS) PRICE FOR PROPOSAL ITEM NO. 4 SHALL INCLUDE BUT NOT BE LIMITED TO THE INSTALLATION OF TEMPORARY DAMS,TURBIDITY CURTAINS, SILT FENCES, SOD FOR EROSION CONTROL(NOT FOR FINAL)OR OTHER APPROPRIATE BEST MANAGEMENT PRACTICES TO CONTROL SEDIMENT 8 EROSION, NPDES PERMITTING, SWPPP PERIODIC MONITORING AND MAINTENANCE, 8 COMPLIANCE WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT(SFWMD),CITY,&FDEP PERMITS ISSUED FOR THE PROJECT. THE SWPPP PLAN 8 NPDES PERMIT WILL BE SUBMITTED AT THE PRE-CONSTRUCTION MEETING. CONTRACTOR IS TO ASSUME FULL RESPONSIBILITY WITH ALL SFWMD, CITY,&FDEP PERMITS ISSUED FOR THE PROJECT PERTAINING TO SEDIMENT 8 EROSION CONTROL&DEWATERING. 3 Survey Stake-out/As-built 1 LS 12,900.00 12,900.00 • NPDES Permitting&Stormwater Pollution Prevention Plan(SWPPP)/Dewatering, 15 000.00 15,000.00 4 (including sampling)8 Construction Dewatering Permit 1 LS THE LUMP SUM (LS) PRICE FOR CLEARING& GRUBBING SHALL INCLUDE BUT NOT BE LIMITED TO REMOVAL AND DISPOSAL OF EXISTING GROUND COVERINGS, AUXILIARY STRUCTURES, ASPHALT PAVEMENT, CONCRETE PAVEMENT, LIMEROCK AND SUBGRADE (WHERE APPLICABLE), TREES AND/OR ALL OTHER ORGANIC MATERIAL AS NECESSARY TO PERFORM THE WORK STIPULATED IN THESE PROJECT DOCUMENTS. ALL ITEMS SHALL BE RESTORED TO AS EXISTING OR BETTER CONDITION. 5 Clearing&Grubbing 1 LS 69,600.00 69,600.00 PROPOSED WORK-ITEMS 6-13 THE PRICE FOR EACH WORK ITEM SHALL INCLUDE BUT NOT BE LIMITED TO ALL LABOR, EQUIPMENT AND MATERIALS NECESSARY TO INSTALL AND CONSTRUCT THESE ITEMS IN ACCORDANCE WITH THESE PROJECT DOCUMENTS WHICH INCLUDE ALL REMOVAL AND DISPOSAL, EXCAVATION, DE- WATERING, SHEETPILES, DE-WATERING PERMITS, SWPPP-NPDES PERMITTING,ABANDONMENT, REMOVAL OR RELOCATION OF EXISTING UTILITIES, BEDDING MATERIAL, BACKFILL BASE MATERIAL, BACKFILL LIMEROCK BASE MATERIAL, COMPACTION, SOD REPLACEMENT, TESTING, INSPECTIONS AND ANY OTHER MISCELLANEOUS WORK. 54,972.12 6 Excavate between Lakes 2 8 3 to create one Lake 2 9,349 CY 5.88 Construct Western Dry Retention area(Water Management Tract L-1)Adjacent to 7 Wetland 1 2,365 CY 11.00 26,015.00 Construct Eastern Dry Retention Area(Water Management Tract L-1)Adjacent to 8 Wetland 1 1,760 CY 12.00 21,120.00 Construct Dry Retention Area 3 Adjacent to Wetlands 2&4 (include plugging V- 9 notch bleeder per Sheet C-05) 2,159 CY 13.50 29,146.50 Place Excavated Material on designated City Owned lots 9,17,17A,&17B (maximum 3 ft depth)sloped from center to perimeter with seed and mulch and two 10 rows of sod at perimeter. Lots 15 and 16 can only be used for staging. 15,633 CY 2.75 42,990.75 Drawdown water in primary control structure(or other approved method),8 11 Hydroseal weir wall of structure at all contact surfaces for watertightness 1 LS 15,000.00 15,000.00 OCC-Retention Areas and Lake Segment CAS Project No.22-2252 Page 1 Proposal Form OCC-PRICE PROPOSAL PRICE PROPOSALS DUE: Proposer:B&B Site Development, Inc. - Revised:09.13-2023 1 PM TUESDAY,SEPTEMBER 19,2023 CITY OF OKEECHOBEE OKEECHOBEE COMMERCE CENTER-RETENTION AREA&LAKE EXCAVATION CAS PROJECT NO.22-2252 PROJECT DURATION:120 DAYS 1. PROPOSER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE PROJECT DOCUMENTS TO PROVIDE A COMPLETE PROJECT AS SHOWN ON THE PLANS AND SPECIFICATIONS FOR THE FOLLOWING LUMP SUM AND/OR UNIT PRICES. 2.PROPOSALS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXES AND FEES. ITEM NO DESCRIPTION QUANTITY UNIT UNIT COST TOTAL 12 ADS 18"ADVANEDGE SYSTEM(100 ft Segments) 800 LF 55.00 44,000.00 13 Bahia Sod with 1"min top soil 23.744 SY 3.40 80,729.60 SUBSTANTIAL COMPLETION TO BE ACHIEVED AT 110 DAYS FINAL COMOPLETION TO BE ACHIEVED 10 DAYS SUBSEQUENT TO SUBSTANTIAL COMPLETION PROPOSAL TOTAL(ITEMS 1-13) '$465,170.97 i END OF SECTION Date: September 19, 2023 To: City of Okeechobee Job: Bid Proposal - Okeechobee Commerce Center-Retention area and Lake excavation Atten: Orlando Rubio, Gary Ritter, Jacqueline Boer Bidder: B&B Site Development, Inc. 1505 C South Parrott Ave Okeechobee, Fl. 34974 Email: bbsitedevelopment, Inc.@gmail.com Contact: Philip or Michelle Baughman Phone: 863-763-6053 Philip Cell: 863-634-7194 Re�ec b itted, Philip J. Baughman OCC-Retention Areas and Lake Segment CAS Project No.22-2252 Page 2 Proposal Form SECTION 00433 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, B&B Site Development, Inc, as Principal and Contractor, and The Gray Insurance Company hereinafter called Surety, are held and firmly bound unto Owner, a political entity of the State of Florida, and represented by its Chairman called Owner, in the sum of five percent (5%) of the total amount bid of: Four Hundred Sixty-Five Thousand, One Hundred Seventy Dollars and Ninty-seven cents (Written Dollar Amount) dollars ($ 465,170.97 ) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Principal contemplates submitting or has submitted, a bid to the Owner for the furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Proposal and the detailed Drawings and Specifications, entitled: CITY OF OKEECHOBEE COMMERCE CENTER RETENTION AREAS AND LAKE CAS PROJECT No. 22-2252 WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the Base Bid be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract, within 10 consecutive calendar days after written notice having been given of the award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within 10 consecutive calendar days after written notice of such acceptance, enters into a written Contract with Owner and furnishes the Performance and Payment Bonds, each in an amount equal to 100 percent of the Awarded Bid, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to Owner and the Surety herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. City of Okeechobee 00433-1 Bid Bond OCC CAS Project No. 22-2252 IN WITNESS WHEREOF, the said B&B Site Development, Inc. as Principal herein, has caused these presents to be signed in its name by its �e��cA=-Cll and attested by its WI c_S-) under its corporate seal, and the said The Gray Insurance Company as Surety herein, has caused these presents to be signed in its name by its Attorney-In-Fact and attested in its name by its Witness under its corporate seal, this 19th day of September A.D., 2023. Signed. sealed and delivered PRINCIPAL: B&B Site Development. Inc. in the presence of: rlr3s'i e 1 wr ell BY: ne 1L of L&iyruyQ,L_ ,6211'r-' NAME: 1 Cilt9L +2, /-4- • cgiau(43/70-k) As to Principal The Gray Insurance Company Surety BY: Attorney-in-Fact , Susan L. Reich (Power-of-Attorney to be attached) jiGU�� W o BY: Flor a Resident Agent, Susan L. Reich' Alexis Woodham, Witness As to Surety *Inquiries: 407-786-7770 END OF SECTION City of Okeechobee 00433-2 Bid Bond OCC CAS Project No. 22-2252 Florida Surety Bonds 09/14/2023 10:58 2627520021533 THE CRAY INSURANCE COMPANY THE GRAY CASUALTY& SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number:N/A Principal:B&B Site Development,Inc. Project: 22-2252,OKEECHOBEE COMMERCE CENTER-RETENTION AREA&LAKE EXCAVATION KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint:Susan L.Reich,Jeffrey W. Reich,Kim E.Niv,Teresa L.Durham,Cheryl A.Foley,Gloria A.Richards,Robert P.O'Linn,Sarah K.O'Linn,Lisa A.Roseland,and Emily J.Golecki of Maitland,Florida jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June,2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this 4th day of November,2022. URA ,,ftli'ro'40ye,24100, alea ,...r.s:\* ....-:-N, °mil,- __ es SEAL By: Michael T. Gray Cullen S. Piske <� SEAL __ President President o oro r The Gray Insurance Company The Gray Casualty&Surety Company �*4 .� State of Louisiana ss: Parish of Jefferson On this 4th day of November,2022,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company,and Cullen S.Piske,President of The Gray Casualty&Surety Company,personally known to me, being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. 4 . — aO,V"— ;P Leigh Anne Henican Notary Public r'P'" VA,. Leigh Anne Henican Notary i0 No.92653 Notary Public,Parish of Orleans State of Louisiana Z _t- Orleans Parish,Louisiana My Commission is for Life I,Mark S. Manguno,Secretary of The Gray Insurance Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 19th day of September , 2023 . 0 '7��Ih'rd I,Leigh Anne Henican,Secretary of The Gray Casualty&Surety;Company;,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies;'wbiO iS§tilt In Sli-force and effect.IN WITNESS WHEREOF,I have set my hand and affix4,,,,y,,__).ed the seals v ilof the Company 18thr day Qf,t9bptember ;'0 -- . NI:C �VV' l. r J• (1)SU�AN .Jr`t~ 88L SEAL r SECTION 00500 AGREEMENT THIS AGREEMENT, made and entered into on this 24TH day of October, 2023, by and between B & B Site Development Party of the First Part, and City of Okeechobee (OWNER), Party of the Second Part: WITNESSETH: That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows: 1 . That the First Party shall furnish all the materials, and perform all of the work in manner and form as provided by the Craig A. Smith & Associates Drawings which are attached hereto and made a part hereof, as if fully contained here: 2. That the First Party shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Second Party and shall complete all work hereunder within the length of time stipulated in the PROPOSAL. 3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications of Proposal, in lawful money of the United States, the amount of: Four hundred sixty-five thousand, one hundred seventy dollars and ninety-seven cents. (Written Dollar Amount) dollars ($465,170.97), based on the estimated quantities and Unit or Lump Sum Prices contained herein. 4. That the Second Party shall make monthly partial payments to the First Party on the basis of a duly certified and approved estimate of work performed during each calendar month by the First Party, LESS the retainage provided in the General Conditions, which is to be withheld by the Second Party until work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Second Party. 5. That upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills, and other costs incurred by the First Party in connection with the construction of the work have been paid in full, final payment OCC 00500-1 Agreement CAS Project No. 22-2252 on account of this Agreement shall be made within 60 days after the completion by the First Party of all work covered by this Agreement and the acceptance of such work by the Second Party. 6. In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of one-thousand six- hundred ninety-nine and 00/100 Dollars ($1.699.00) per day until Substantial Completion is reached, plus any monies paid by the OWNER to the Engineer for additional engineering and inspection services associated with such delay. After Substantial Completion is achieved and in the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents to close-out the project, liquidated damages shall be paid at the rate of five hundred and 00/100 Dollars ($500.00) per day until Final Completion is reached, plus any monies paid by the OWNER to the Engineer for additional engineering and inspection services associated with such delay. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Second Party shall deem the Surety or Sureties upon such bond to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the work, the First Party shall, at its expense within 5 days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event, no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Party of the Second Part. OCC 00500-2 Agreement CAS Project No. 22-2252 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: CONTRACTOR: B & B Site Development BY: ffi;t4 (214C640/120 -" NAME: Michelle Baughman TITLE: President OWNER: City_of Okeechobee BY: NAME: Dowling R. Watford, Jr., Mayor TITLE: Mayor of City of Okeechobee ATTEST: BY: NAME: Lane Gamiotea TITLE: CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: BY: a _. NAME: John J. Fumero TITLE: City Attorney, Nason Yeager Gerson Harris & Fumero, P.A. END OF SECTION OCC 00500-3 Agreement CAS Project No. 22-2252 SECTION 00510 NOTICE OF AWARD TO: B & B Site Development 1505-C South Parrot Avenue Okeechobee, FL 34974 PROJECT DESCRIPTION: CITY OF OKEECHOBEE COMMERCE CENTER (CAS PROJECT NO. 22- 2252) in accordance with PLANS and CONTRACT DOCUMENTS as prepared by Craig A. Smith &Associates. CITY OF OKEECHOBEE (Owner) has considered the price proposal submitted by you for the above described WORK in response to a request for a price proposal. You are hereby notified that your proposal has been accepted for the construction in the amount of$465,170.97 by the City Council on October 3, 2023. Upon receipt of the contract documents, you are required to execute the AGREEMENT and furnish the required CONTRACTOR'S PERFORMANCE BOND, PAYMENT BOND and certificates of insurance within seven (10) days from the date of this NOTICE to you. If you fail to execute said AGREEMENT and to furnish said BONDS within seven (7) days from the date of this NOTICE, said Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the Owner& Engineer. Dated this 6TH day of October 6, 2023. BY: Orlando A. Rubio, PE Craig A. Smith &Associates TITLE: VP-Stormwater Engineering ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by P)e-I . A� I --0 Qnr ii4 -7,,rif - this (4143-day of cCJ2UJT2I9J)( ) , 2023. BY: TITLE: 1'7 LID di t--) END OF SECTION Okeechobee Commerce Center 00510-1 Notice of Award CAS Project No. 2202252 SECTION 00550 NOTICE TO PROCEED TO: B & B Site Development DATE:October 24, 2023 1505-C South Parrot Avenue Okeechobee, FL 34974 PROJECT DESCRIPTION: CITY OF OKEECHOBEE COMMERCE CENTER (CAS PROJECT NO. 22-2252) in accordance with PLANS and CONTRACT DOCUMENTS as prepared by Craig A. Smith & Associates. You are hereby notified to commence WORK in accordance with the AGREEMENT dated October 24, 2023, on or before November 7, 2023, and you are to complete the WORK within 120 calendar days to which the date of completion of all WORK is therefore March 6, 2024. You are to achieve substantial completion on or before February 21, 2024 and the date of substantial completion is therefore February 21, 2024. Craig A. Smith & Associates BY: Orlando A. Rubio, PE TITLE: VP — Stormwater Engineering ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by B & B Site Development 24th day of October_2023. BY: �..PJJ.( '0 4 1/Ci1 Michelle Baughman TITLE: President END OF SECTION OCC 00550-1 Notice to Proceed Retention Areas and Lake CAS Project No. 22-2250 SECTION 00614 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and Contractor, and hereinafter called Surety, are held and firmly bound unto CITY OF OKEECHOBEE a political entity of the State of Florida, and represented by its ADMINISTRATOR, in the sum of (Written Dollar Amount) dollars ($ ), lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs. executors, administrators, successors, and assigns, jointly and severally, by these present. WHEREAS, the above named Principal has entered into a Contract with CITY OF OKEECHOBEE (Owner), dated this day of , 20_ to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract CITY OF OKEECHOBEE COMMERCE CENTER (CAS PROJECT NO. 22-2252) and the Plans, Drawings and Specifications prepared by Craig A. Smith & Associates, all of which is made a part of said contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above bonded Principal shall in all respects comply with the terms and conditions of said Contract and his obligation thereunder, including the Contract Documents (which include the Plans, Drawings, Specifications and Conditions as prepared by said Consulting Engineers, the Contractor's Price Proposal as accepted by the Owner, the Proposal and the Contract Performance and Payment Bonds, and all Addenda, if any, issued prior to the opening of bids), and further that if said Principal shall promptly perform and provide the guarantee of all work and materials furnished under the Contract Documents within the time specified in the Contract Documents, pays Owner for, and indemnifies and holds harmless Owner against and from all costs, expenses, damages, attorneys fees, including appellate proceedings, injury, or loss to which said Owner may be subject by reason of any wrongdoing, misconduct, want of care or skill, negligence, failure to petition within the prescribed time, or default, including patent infringements, on the part of said Principal, his agents or employees, in the execution or performance of said Contract; then this obligation shall be void: otherwise, to remain in full force and effect for the term of OCC 00614 - 1 Performance Bond CAS Project No. 22-2252 said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for Value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings and Specifications accompanying the said contract shall affect said obligation of said Surety on this Bond, that the penal sum limit of liability by Surety shall match the amount of the Contract Price as adjusted by change orders or directives, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications. Claimant shall give written notice to the Contractor and to the Surety as required by Florida Statutes, Section 255.05 or Section 713.23. Any actions against the Contractor or the Surety shall be brought within the time specified by Section 255.05 or Section 713.23. IN WITNESS WHEREOF, said , as Principal and Contractor hereunder has caused these presents to be assigned in three (3) original counterparts in his name, and witnessed by two attesting and subscribing witnesses and the said , as Surety, has caused these presents to be signed in three (3) original counterparts in its name by its under its corporate seal, this day of 20_ Signed, sealed and delivered in the presence of: PRINCIPAL-CONTRACTOR BY: TITLE: AS TO PRINCIPAL SURETY BY: ATTORNEY-I N-FACT (POWER-OF-ATTORNEY TO BE ATTACHED) AS TO SURETY BY: RESIDENT AGENT END OF SECTION OCC 00614 - 2 Performance Bond CAS Project No. 22-2252 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and Contractor, AND hereinafter called Surety, are held and firmly bound unto CITY OF OKEECHOBEE a political entity of the State of Florida, and represented by its ADMINISTRATOR, in the sum of (Written Dollar Amount) dollars ($ ), lawful money of the United State of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, by these present. WHEREAS, the above named Principal has entered into a Contract with the Owner, dated this day of , 20_ to furnish at his own cost, charges and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract CITY OF OKEECHOBEE COMMERCE CENTER (CAS PROJECT NO. 22- 2252) and the Plans, Drawings and Specifications prepared by Craig A. Smith & Associates of which is made a part of said contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above bounded Principal shall in all respects comply with the terms and conditions of said Contract and his obligation thereunder, including the Contract Documents (which include the Plans, Drawings, Specifications and Conditions as prepared by said Consulting Engineers, , the Contractor's price proposal as accepted by the Owner. the Proposal and the Contract Performance and Payment Bonds, and all Addenda, if any, issued prior to the opening of bids), and further that if said Principal shall promptly make all payments to all persons supplying materials, equipment, and/or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of the work provided for in said Contract in accordance with Florida Statutes, Section 255.05 or Section 713.23; then this obligation shall be void; otherwise, to remain in full force and effect for the term of said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for Value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to OCC 00615 - 1 Payment Bond CAS Project No. 22-2252 be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said contract shall affect said obligation of said Surety on this Bond, and the said Surety on this Bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications. Claimant shall give written notice to the Contractor and to the Surety as required by Florida Statutes, Section 255.05 of Section 713.23. IN WITNESS WHEREOF, said , as Principal and Contractor hereunder has caused these presents to be assigned in three (3) original counterparts in his name, and witnessed by two attesting and subscribing witnesses and the said as Surety, has caused these presents to be signed in three (3) original counterparts in its name by its under its corporate seal, this day of 20 Signed, sealed and delivered in the presence of: PRINCIPAL-CONTRACTOR BY: TITLE: AS TO PRINCIPAL SURETY BY: ATTORNEY-IN-FACT (POWER-OF-ATTORNEY TO BE ATTACHED) AS TO SURETY BY: RESIDENT AGENT END OF SECTION OCC 00615 - 2 Payment Bond CAS Project No. 22-2252 SECTION 00700 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: Acceptance: By the OWNER of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed; the Contract Documents are attached to and made a part of the Agreement. Also designated as the Contract. Addenda: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Application for Payment: The form furnished by the ENGINEER which is to be used by the CONTRACTOR in requesting progress payments theretofore received from the OWNER on account of the Work have been applied by the CONTRACTOR to discharge in full all of the CONTRACTOR'S obligations stated in prior applications for payment. Approved: Means approved by the ENGINEER of Record. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bidder: Any person, firm or corporation submitting a BID for Work. Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the Contract Documents and in accordance with the law of the place of the project. Change Order: A written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. Contract Documents: The Agreement, Addenda, Instructions to Bidders, CONTRACTOR'S Bid, the Bonds, the Notice of Award, these General Conditions, Special Conditions, the Specifications, Drawings and Modifications, Notice to Proceed, Invitation to Bid, Acknowledgment of Conformance with OSHA Standards. OCC 00700-1 General Conditions CAS Project No. 22-2252 Contract Price: The total monies payable to the CONTRACTOR under the Contract Documents. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. CONTRACTING OFFICER: The owner (Grantee) - The individual who is authorized to sign the contract documents on behalf of the owner's governing body. CONTRACTOR: The person, firm or corporation with whom the OWNER has executed the Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents. ENGINEER: Craig A. Smith & Associates, 1425 E. Newport Center Dr, Deerfield Beach. FL 33442 (561) 314-4445. Field Order: A written order issued by the ENGINEER which clarifies or interprets the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation issued by the ENGINEER in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the ENGINEER pursuant to paragraph 10.2. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him. Notice to Proceed: A written notice given by OWNER to CONTRACTOR (with copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Documents. OWNER: CITY OF OKEECHOBEE, OKEECHOBEE, FLORIDA Project: The entire construction to be performed as provided in the Contract Documents. Construction Observer: An authorized representative of the ENGINEER assigned to observe the Work performed and materials furnished by the CONTRACTOR or such OCC 00700-2 General Conditions CAS Project No. 22-2252 • other person as may be appointed by the OWNER as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material, or some portion of the Work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment. construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion: The date as certified by the ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.11. Supplier: Any person or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and his acceptable performance of the Work. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if 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 to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the OWNER through the ENGINEER. OCC 00700-3 General Conditions CAS Project No. 22-2252 ARTICLE 2 - PRELIMINARY MATTERS Award: 2.1 The OWNER reserves the right to reject any and all Bids and is not bound by law to accept the lowest Bid. Bids are awarded by the OWNER and its decision is final. No Notice of Award will be given until the OWNER has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidders to do the Work in accordance with the Contract Documents to the satisfaction of the OWNER within the time prescribed. The OWNER reserves the right to reject the Bid of any Bidder who does not pass such investigation to the OWNER'S satisfaction. In analyzing Bids, the OWNER may take into consideration alternates and unit prices, if requested by the Bid forms. If the Contract is awarded, the OWNER will issue the Notice of Award and give the successful Bidder a contract for execution within sixty days after opening of Bids. Execution of Agreement: 2.2 At least four counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by CONTRACTOR to the OWNER within 10 calendar days of receipt from the OWNER . Forfeiture of Bid Security: 2.3 Failure of the successful Bidder to execute and deliver the Agreement and deliver the required bonds as stipulated in paragraph 2.2 shall be cause for the OWNER to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representations: 2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. OCC 00700-4 General Conditions CAS Project No. 22-2252 Starting the Project: 2.6 CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run, except with the written consent of the OWNER. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. He shall at once report in writing to ENGINEER any conflict, error, or discrepancy which he may discover; however, he shall not be liable to OWNER, or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Drawings or Specifications. Schedule of Completion: 2.8 Within ten days after delivery of the Notice to Proceed by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for approval, an estimated progress schedule with earnings indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. See paragraph 6.23. The ENGINEER shall approve this schedule or require revisions thereto within 14 days of its submittal. If there is more than one CONTRACTOR involved in a Project the responsibility for coordinating the Work of all CONTRACTORS shall be as provided in the Special Conditions and Contract Documents. Preconstruction Conference: 2.9 Within twenty days after delivery of the executed Agreement by OWNER to CONTRACTOR, but before starting the Work at the site, a preconstruction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR and his Superintendent. Qualification of Subcontractors, Materialmen and Suppliers: 2.10 Within ten working days after bid opening, the CONTRACTOR will submit to the OWNER and the ENGINEER for acceptance a list of the names of subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of the Subcontractors and other persons and OCC 00700-5 General Conditions CAS Project No. 22-2252 organizations must be submitted as specified in the Contract Documents. Within thirty working days after receiving the list, the ENGINEER will notify the CONTRACTOR in writing if either the OWNER or the ENGINEER, after due investigation, has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the OWNER or the ENGINEER to make objection to any Subcontractor, person or organization on the list within thirty days of receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the OWNER or the ENGINEER to reject defective Work, material or equipment, or work, material or equipment not in conformance with the requirements of the Contract Documents. Rejection of Subcontractor: 2.11 If, prior to the Notice of Award, the OWNER or the ENGINEER has reasonable objection to and refuses to accept any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award either (i) submit an acceptable substitute without an increase in his bid price or (ii) withdraw his Bid without forfeiting his Bid security. ARTICLE 3 - CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the OWNER and the CONTRACTOR. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, he shall call it to the ENGINEER's attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error or discrepancy in the Specifications or Drawings. The various Contract Documents shall be given precedence in case of conflict, error or discrepancy, as follows: Supplemental General Conditions, Agreement Modifications, Addenda, Special Conditions, Instructions to Bidders, General Conditions, Specifications and Drawings. If the requirements of other Contract Documents are more stringent than those of the Supplemental General Conditions, the more stringent requirements shall apply. 3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or OCC 00700-6 General Conditions CAS Project No. 22-2252 usable structure or plant, providing the indicated function, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the ENGINEER before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as to obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rainproof, and for making equipment and utility installations properly perform the specified function. If he is prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall immediately notify the ENGINEER in writing of such limitations before proceeding with construction in the area where the problem or limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity. composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use and capable of performing the same function, in the opinion of the ENGINEER, as the material or product so specified. Proposed equivalent items must be approved by ENGINEER before they are purchased or incorporated in the Work. (When a brand name, catalog number. model number, or other identification, is used without the phrase "or equal", the CONTRACTOR shall use the brand specified). OCC 00700-7 General Conditions CAS Project No. 22-2252 • ARTICLE 4 - AVAILABILITY OF LANDS, SUBSURFACE CONDITIONS, REFERENCE POINTS: Availability of Lands: 4.1 The OWNER will furnish, as indicated in Contract Documents, the lands upon which the Work is to be done, rights-or-way for access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. Bidder's Furnished Copy of Surveys: 4.2 The OWNER will, upon request, furnish to the BIDDERS copies of all available boundary surveys. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the OWNER/ENGINEER on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to him prior to receipt of Bids. Any failure by the CONTRACTOR to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the Work. The OWNER assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER/ENGINEER. OCC 00700-8 General Conditions CAS Project No. 22-2252 Differing Site Conditions: 4.4 (a) The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the OWNER and ENGINEER in writing, of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The OWNER shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly. (b) No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in (a) above; provided, however, the time prescribed therefore may be extended by the OWNER. (c) No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. ARTICLE 5 - INSURANCE Contractor's Liability Insurance: 5.1 The CONTRACTOR will, at his own expense, purchase and maintain such insurance as will protect the OWNER and the CONTRACTOR from claims under Workmen's Compensation laws, disability benefit laws or other similar employee benefits laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or disease or death of any person other than his employees including claims insured by usual personal bodily injury liability coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom - any or all of which may arise out of or result from the Contractor's operations under the Contract Documents whether such operations be by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall be written for not less than $2,000,000.00 General Liability policy, $2,000,000.00 as to claims for Auto and Workers Comp and $1,000,000.00 per accident of any one person for any one occurrence for bodily injury or as required by law, whichever is greater, and shall include contractual liability insurance. Before starting the work, the CONTRACTOR will file with the OWNER and ENGINEER certificates of such insurance, acceptable to the OWNER; these OCC 00700-9 General Conditions CAS Project No. 22-2252 certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least 30 days prior written notice has been given to the OWNER and ENGINEER by certified mail. The certificate of insurance shall show the amount of employee's liability coverage that is being carried by the CONTRACTOR under Workmen's Compensation. Subcontractor's Liability Insurance: 5.2 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, he will require the Subcontractor(s) to carry insurance as required, and that he will require the Subcontractor(s) to furnish to him insurance certificates similar to those required by the OWNER in 5.1 above. OWNER's Liability Insurance: 5.3 The OWNER will be responsible for purchasing and maintaining its own liability insurance and, at its option, may purchase and maintain such insurance as will protect it against claims which may arise from operations under the Contract Documents. Fire and Extended Coverage Insurance (Builders' Risk): 5.4 The CONTRACTOR shall maintain, as applicable, in an Insurance Company or Insurance Companies acceptable to the OWNER, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract. The amount of insurance must at all times be at least equal to the actual cash value of the insured property. The policy shall be in the name of the OWNER and the CONTRACTOR, as their interests may appear, and shall also cover the interests of all Subcontractors performing work. Proof of Insurance: 5.5 The CONTRACTOR shall provide the OWNER with satisfactory evidence certifying that the foregoing insurance is in force; and such evidence shall include provisions that the insurance shall not be cancelled, allowed to expire or be materially changed without giving the OWNER advance notice by registered mail. Cancellation and Re-Insurance: 5.6 If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the CONTRACTOR shall be responsible for securing other acceptable insurance to provide the OCC 00700-10 General Conditions CAS Project No. 22-2252 • coverage specified in this section to maintain coverage during the life of this Contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendent: 6.1 The CONTRACTOR will supervise and direct the Work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain a qualified supervisor or superintendent at the work site who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisors shall be present on each site at all times as required to perform adequate supervision and coordination of the work. (Copies of written communications given to the Superintendent shall be mailed to the Contractor's home office). Labor, Materials and Equipment: 6.2 The CONTRACTOR will provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. He will at all times maintain good discipline and order at the site. Contractor Furnishes All Materials: 6.3 The CONTRACTOR will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. Type of Material: 6.4 All materials and equipment will be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or container with seals unbroken and labels intact. Installation Instructions: 6.5 All materials and equipment shall be applied, installed, connected, erected, used. cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. OCC 00700-11 General Conditions CAS Project No. 22-2252 Materials, Equipment, Products and Substitutions: 6.6 Materials, equipment and products incorporated in the work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the ENGINEER a list of proposed materials, equipment or products, together with such samples as may be necessary for him to determine their acceptability and obtain his approval, within ninety calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the ENGINEER. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance of other salient requirements, and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or Contract time. 6.6.2 No substitute shall be ordered or installed without the written approval of the ENGINEER who shall be the judge of equality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. See paragraph 7.10. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the Work. OCC 00700-12 General Conditions CAS Project No. 22-2252 Concerning Subcontractors: 6.7 The CONTRACTOR will not employ any subcontractor, other person or organization of the types referred to in paragraph 2.10 (whether initially or as a substitute) against whom the OWNER or the ENGINEER may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the OWNER and the ENGINEER, unless the ENGINEER determines that there is good cause for doing so. Contractor Responsibilities: 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any persons due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done in accordance with the schedule of values. Identification of Drawings: 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. Subcontractor's Terms: 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and agree to incorporate the terms and conditions of the contract into all subcontracts. Subcontractor's Agreement: 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. OCC 00700-13 General Conditions CAS Project No. 22-2252 Subcontractor's Provisions: 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors and materialmen engaged upon his Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The OWNER or ENGINEER will not undertake to settle any differences between the CONTRACTOR and his Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the ENGINEER, any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, he shall be replaced if and when directed by the ENGINEER in writing. Patent Fees and Royalties: 6.13 The CONTRACTOR will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He will indemnify and hold harmless the OWNER and the ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. Determining Application: 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances. articles or systems prior to bidding. However, he shall not be responsible for such determination on systems which do not involve purchase by him of materials, appliances and articles. Permits 6.15 The CONTRACTOR will secure and pay for all construction permits and licenses and will pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the OWNER and when so stated in the SPECIAL CONDITIONS, there will be no charges to the CONTRACTOR. The OCC 00700-14 General Conditions CAS Project No. 22-2252 i OWNER shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR will also pay all public utility charges. Electric Power and Lighting: 6.16 Electrical power required during construction shall be provided by each prime contractor as required by him. This service shall be installed by a qualified electrical contractor approved by the ENGINEER. Lighting shall be provided by the General CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the General CONTRACTOR. Laws and Regulations: 6.17 The CONTRACTOR will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. Contractor agrees to follow all Federal, State and Local laws, rules and regulations applicable to the material excavated from and/or removed from the project site. This includes, but is not limited to, the storage, disposal, incorporation or use of said material in any way. Contractor represents that it has familiarized itself with the Federal, State and Local laws, rules and regulations regarding the same. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, he will give the ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he will bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.18 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Record Drawings: 6.19 The CONTRACTOR will keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. The CONTRACTOR must provide complete RECORD DRAWINGS signed and sealed by a Registered Surveyor in the State of Florida for all underground utilities (water and sewer). OCC 00700-15 General Conditions CAS Project No. 22-2252 Safety and Protection: 6.20 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: 6.20.1 All employees on the Work and other persons who may be affected thereby, 6.20.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.30.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Prevention of Accidents: 6.21 The CONTRACTOR will designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S superintendent unless otherwise designated in writing by the CONTRACTOR to the OWNER. Emergencies: 6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He will give the ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the CONTRACTOR believes that additional work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. Shop Drawings and Samples: 6.23 After checking and verifying all field measurements, the CONTRACTOR will submit to the ENGINEER for review, in accordance with the accepted schedule of shop drawing submissions (see paragraph 2.8) six copies (or at the ENGINEER'S option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR and identified as the ENGINEER may require. The data shown on the Shop Drawings will be OCC 00700-16 General Conditions CAS Project No. 22-2252 complete with respect to dimensions, design criteria, materials of construction and the like to enable the ENGINEER to review the information as required. Samples Required by Contractor: 6.24 The CONTRACTOR will also submit to the ENGINEER for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. Deviations in Shop Drawings: 6.25 At the time of each submission, the CONTRACTOR will in writing call the ENGINEER'S attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. Review of Shop Drawings: 6.26 The ENGINEER will review with responsible promptness Shop Drawings and samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the item functions. The CONTRACTOR will make any corrections required by the ENGINEER and will return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the ENGINEER. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop drawings to revisions other than the corrections called for by the ENGINEER on previous submissions. The CONTRACTOR'S stamp of approval on any Shop Drawing or sample shall constitute representation to the OWNER and the ENGINEER that the CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Commencing Work: 6.27 No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed by the ENGINEER. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER. Deviations in Work: OCC 00700-17 General Conditions CAS Project No. 22-2252 6.28 The ENGINEER'S review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER'S attention to each deviation at the time of submission and the ENGINEER has given written approval to the specific deviation, nor shall any review by the ENGINEER relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings. Cleaning Up Site: 6.29 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and rubbish from the roadways, sidewalks, parking areas, lawn and all adjacent property; shall clean his portion of Work involved in any building under this Contract. so that no further cleaning by the OWNER is necessary prior to his occupancy; shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work; and shall leave the whole in a neat and presentable condition. Cleaning Up General: 6.30 In case of dispute, the OWNER may remove the rubbish and charge the cost to the CONTRACTOR as the ENGINEER shall determine to be just. Public Convenience and Safety: 6.31 The CONTRACTOR shall, at all times, conduct the Work in such manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies vehicles before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions: 6.32 The General CONTRACTOR shall provide on-site office, and necessary toilet conveniences, secluded from public observation, for use of all personnel on the Work, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. He shall commit no public nuisance. Temporary OCC 00700-18 General Conditions CAS Project No. 22-2252 field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.33 In consideration of twenty-five dollars ($25.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER, their officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the construction of this Project; or by or in consequence of any negligence (excluding negligence of OWNER and ENGINEER), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said CONTRACTOR or his Subcontractor, agents, servants or employees. The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting therefrom, (b) is caused in whole or in part by any negligent act or omission of the CONTRACTOR. any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or (c) is caused by or related to, arising out of or resulting from the performance of the Work, including, but not limited to, violations of any Federal, State or local laws, rules and regulations, or claims raised against the OWNER or the ENGINEER as a result of CONTRACTOR's failure to properly perform the WORK. Claims: 6.34 In any and all claims against the OWNER or the ENGINEER or any of their agents or employees, by any employee of the CONTRACTOR, any Subcontractor, anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.33 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any Subcontractor under workman's compensation acts, disability acts or other employee benefit acts. Liability of Engineer: 6.35 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the ENGINEER, his agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions OCC 00700-19 General Conditions CAS Project No. 22-2252 or instructions by the ENGINEER, his agents or employees provided such giving or failure to give is the primary cause of injury or damage. Responsibility for Connection to Existing Work: 6.36 It shall be the express responsibility of the CONTRACTOR to connect his Work to each part of the existing work or work previously installed as required by the Drawings and Specifications to provide a complete installation. Work in Street, Highway and Other Rights-of-Way: 6.37 Excavation, grading, fill, storm drainage, paving and any other construction or installations in rights-of-way of streets, highways, public carrier lines, utility lines either aerial, surface or subsurface), etc., shall be done in accordance with requirements of the special conditions. The OWNER will be responsible for obtaining all permits necessary for the Work. Upon completion of the Work, the CONTRACTOR shall present to the ENGINEER certificates, in triplicate, from the proper authorities stating that the Work has been done in accordance with their requirements. 6.37.1 The OWNER will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.37.2 The CONTRACTOR shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse affect on the Project. Cooperation with Governmental Departments Public Utilities, Etc.: 6.38 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them if he so desires. The CONTRACTOR shall give all proper notices, shall comply with requirements of such parties in the performance of his Work, shall permit entrance of such parties on the project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this Work. 6.38.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to Work to be done by governmental departments, public utilities, and others in repairing or moving poles, OCC 00700-20 General Conditions CAS Project No. 22-2252 • conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.38.2 The CONTRACTOR shall have made himself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment used in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of his ignorance thereof. Use of Premises: 6.39 CONTRACTOR shall confine his apparatus, storage of materials, and operations of his workmen to the limits indicated by law, ordinances, permits and directions of ENGINEER and OWNER, and shall not unnecessarily encumber any part of the site. 6.39.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall he subject any part of the work to stresses or pressures that will endanger it. 6.39.2 CONTRACTOR shall enforce ENGINEER'S and OWNER'S instructions in connection with signs, advertisements, fires and smoking. 6.39.3 CONTRACTOR shall arrange and cooperate with OWNER in routing and parking of automobiles of his employees, subcontractors and other personnel, and in routine material delivery trucks and other vehicles to the Project site. 6.39.4 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workmen employed by him or by his Subcontractors. Temporary offices shall be provided and located where directed and approved by the ENGINEER. All such facilities shall be furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.40 The locations of existing utilities within the work areas shown on the plan are approximate and are not guaranteed to be complete. Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored OCC 00700-21 General Conditions CAS Project No. 22-2252 at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. Explosives: 6.41 When the use of explosives is necessary in the prosecution of the Work, the CONTRACTOR shall be charged with the utmost care in the handling and usage of such explosives to the protection of life and property. When directed by the ENGINEER, the number and size of charges shall be reduced. All explosives shall be stored in a safe manner and storage places shall be clearly marked "Danger - Explosives", and placed in the care of competent watchmen. When such use of explosives becomes necessary, the CONTRACTOR shall furnish to the ENGINEER competent proof of coverage adequately providing public liability and property damage insurance, as a rider attached to his regular policies unless otherwise included. ARTICLE 7 - WORK BY OTHERS 7.1 The OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these. The CONTRACTOR will afford the other contractors who are parties to such direct contracts (or the OWNER, if he is performing the additional Work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate his Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends for proper execution or results upon the Work of any such other CONTRACTOR (or the OWNER), the CONTRACTOR will promptly report to the ENGINEER in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. 7.3 The CONTRACTOR will do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The CONTRACTOR will not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER and of the other Contractors whose work will be affected. 7.4 If the performance of additional work by other contractors or the OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional work. If the CONTRACTOR believes that the performance of such additional work by the OWNER or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. OCC 00700-22 General Conditions CAS Project No. 22-2252 • 7.5 Where practicable, the General CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the work shall require specific approval of the ENGINEER. 7.6 Necessary chases, slots, and holes not built or left by the General CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the General CONTRACTOR. The General CONTRACTOR shall do all patching and finishing of his Work where cut by other contractors at the expense of such other contractors. 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each CONTRACTOR shall coordinate his operations with those of the other contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each CONTRACTOR shall keep himself informed of the progress of the Work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with his operations. the CONTRACTOR shall notify the ENGINEER immediately. Lack of such notice to the ENGINEER will be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of his own Work. 7.9 Each CONTRACTOR shall give notices of the progress of his work so as to allow other contractors adequate work. The General CONTRACTOR shall give notices of the progress of his Work so that work of other contractors, when required to be concealed, may be placed before the general construction Work. All such notices shall be submitted to the ENGINEER with copies of other prime contractors on the Project sufficiently ahead of job progress to permit adequate time for the other prime contractors to coordinate their work. 7.10 The cost of extra work resulting from lack of notices, untimely notices, failure to respond to notices, defective work or lack of coordination shall be borne by the CONTRACTOR responsible for such lack of notices, etc. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1 The OWNER will issue all communications to the CONTRACTOR through the ENGINEER. 8.2 In case of termination of employment of the ENGINEER, the OWNER will appoint an engineer against whom the CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. OCC 00700-23 General Conditions CAS Project No. 22-2252 8.3 The OWNER will furnish the data required of him under the Contract Documents promptly and shall make payments to the CONTRACTOR promptly after they are due as provided in paragraph 14.4. 8.4 The OWNER's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.2. The OWNER shall provide sufficient survey staking to set up horizontal and vertical controls. All re-staking or additional staking required by CONTRACTOR shall be by the OWNER'S surveyor at the CONTRACTOR'S expense. Paragraph 4.2 refers to the OWNER'S identifying and making available to the CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by the ENGINEER in preparing the Drawings and Specifications. 8.5 The OWNER'S responsibilities in respect of liability and property insurance are set forth in paragraph 5.3. 8.6 In addition to his rights to request changes in the Work in accordance with Article 10, the OWNER (especially in certain instances as provided in paragraph 10.4) will be obligated to execute Change Orders. 8.7 In connection with the OWNER'S right to stop Work or suspend Work, see paragraph 15.1. Paragraph 15.3 deals with the OWNER'S right to terminate services of the CONTRACTOR under certain circumstances. 8.8 The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall be entitled to such extra compensation or extension of time or both, except by prior agreement, as the ENGINEER may determine. See paragraph 14.11. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1 The ENGINEER shall be the OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of the ENGINEER as the OWNER'S representative during construction are set forth in Articles 1 through 16 of these General Conditions and shall not be extended without written consent of the OWNER and the ENGINEER. OCC 00700-24 General Conditions CAS Project No. 22-2252 9.1.1 The ENGINEER'S decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. • Visits to Site: 9.2 The ENGINEER will provide an inspector to make periodic visits to the site to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Contract Documents. His efforts will be directed toward providing assurance for the OWNER that the completed Project will conform to the requirements of the Contract Documents. On the basis of these on-site observations as an experienced and qualified design professional, he will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the work of contractors. Clarifications and Interpretations: 9.3 The ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the CONTRACTOR believes that a written clarification and interpretation entitles him to an increase in the Contract Price or extension of Contract Time, he may make a claim therefore as provided in Articles 11 and 12. Measurement of Quantities: 9.4 All work completed under the Contract will be measured by the ENGINEER according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The ENGINEER will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Special Condition, or has been damaged prior to final acceptance). He will also have authority to require special inspection or testing of the Work as provided in the Special Conditions whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: OCC 00700-25 General Conditions CAS Project No. 22-2252 9.6 In connection with the ENGINEER'S responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. Responsibility for Change Orders: 9.7 In connection with the ENGINEER'S responsibility for Change Orders, see Articles 10, 11, and 12. Application of Payments: 9.8 In connection with the ENGINEER'S responsibilities in respect of Application of Payment, etc., see Article 14. Resident Project Representative: 9.9 The ENGINEER will provide construction observation and inspection sufficient to confirm to the OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Drawings and the contract specifications. Decisions on Disagreements: 9.10 The ENGINEER will be the interpreter of the terms and conditions of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he will exercise his best efforts to insure faithful performance by both the OWNER and the CONTRACTOR. He will not show partiality to either and shall not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of a performance under the Contract Documents shall be referred to the ENGINEER for decision, which he shall render in writing within ten days of the time that such claim has been presented to him in writing. Limitations on Engineer's Responsibilities: 9.11.1 Neither the ENGINEER'S authority to act under this Article 9 nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the ENGINEER to the CONTRACTOR, any Subcontractor, any of their agents or employees or any other person performing any of the Work. 9.11.2 The ENGINEER will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto, and he will not be responsible for the CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. OCC 00700-26 General Conditions CAS Project No. 22-2252 9.11 .3 The ENGINEER will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of his or their agents or employees, or any other persons performing any of the work. ARTICLE 10 - CHANGES IN THE WORK 10.1 Without invalidating the Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these shall be authorized by Change Orders. Upon receipt of a Change Order, the CONTRACTOR will proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A Change Order signed by the CONTRACTOR indicates his agreement therewith. 10.2 The ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the CONTRACTOR believes that any minor change or alteration authorized by the ENGINEER entitles him to an increase in the Contract Price or extension of Contract Time, he may make a claim therefor as provided in Articles 11 and 12. 10.3 Additional Work performed by the CONTRACTOR without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The OWNER will execute appropriate Change Orders prepared by the ENGINEER covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the ENGINEER. 10.5 It is the CONTRACTOR'S responsibility to notify his surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR will furnish proof of such an adjustment to the OWNER. ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at his expense without changing the Contract Price. OCC 00700-27 General Conditions CAS Project No. 22-2252 11.2 (a) The OWNER may, at any time, without written notice to the sureties, by written order designated or indicated to be a change order, make any change in the Work within the general scope of the Contract, including but not limited to changes: (1 ) in the specifications (including drawings and designs): (2) in the method or manner of performance of the work. (3) in the OWNER-furnished facilities, equipment, materials, services, or site; or (4) directing acceleration in the performance of the work. (b) Any other written order or an oral order (which terms as used in this paragraph (b) shall include direction, instruction, interpretation or determination) from the OWNER, which causes any such change, shall be treated as a change order under this clause, provided that the CONTRACTOR gives the OWNER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order. (c) Except as herein provided, no order, statement, or conduct of the OWNER shall be treated as a change under this clause or entitle the CONTRACTOR to an equitable adjustment hereunder. (d) If any change order under this clause causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work, under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, that except for claims based on defective specifications, no claim for any change order under (b) above shall be allowed for any costs incurred more than 20 days before the CONTRACTOR gives written notice as therein required: and provided further, that in the case of defective specifications for which the OWNER is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications. (e) If the CONTRACTOR intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the OWNER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the OWNER. The statement of claim hereunder may be included in the notice under (b) above. OCC 00700-28 General Conditions CAS Project No. 22-2252 (f) No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. 11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. Should the Work (by quantity) be increased or decreased by 15 percent from that stipulated in the Contract Documents, the OWNER and the CONTRACTOR may request adjustment of the unit prices by negotiation. 11 .3.2 By negotiated lump sum. 11.3.3 The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work plus a fixed amount to be agreed upon to cover the cost of general overhead and profit to be negotiated. 11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. 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 include only the following items and shall not include any of the costs itemized in paragraph 11.5. 11 .4.1 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. 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 costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing work after regular working hours, on Sunday or legal holidays shall be include in the above to the extent authorized by OWNER. 11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds OCC 00700-29 General Conditions CAS Project No. 22-2252 with CONTRACTOR with which to make payments in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which Bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee. the cost of the Work shall be determined in accordance with paragraphs 11 .4 and 11.5. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. 11.4.5 Supplemental costs including the following: 11.4.5.1 The proportion of necessary transportation, traveling and subsistence expenses of CONTRACTORS' employees incurred in discharge of duties connected with the Work. 11.4.5.2 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 Workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 11.4.5.3 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 advise of ENGINEER, and the costs of transportation. loading, unloading, installation, dismantling and removal thereof - all in accordance with 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. 11.4.5.4 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. OCC 00700-30 General Conditions CAS Project No. 22-2252 11 .4.5.5 Deposits lost for causes other than CONTRACTOR'S negligence, royalty payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.4.5.6 Losses, damages and expenses, not compensated by insurance or otherwise sustained by CONTRACTOR in connection with the execution of, and to, the Work, provided they 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. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, he shall be paid for his services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9 Cost of premiums for additional Bonds and Insurance be required because of changes in the Work. 11.5 The term Cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principal (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in subparagraph 11.4.1 - all of which are to be considered administrative costs covered by the CONTRACTOR'S fee. 11.5.2 Expenses of CONTRACTOR'S principal and branch offices other than his office at the site. 11.5.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to OCC 00700-31 General Conditions CAS Project No. 22-2252 purchase and maintain the same (except as otherwise provided in subparagraph 11.4.5.9). 11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for his overhead and profit shall be determined as follows: 11.6.1 A mutually acceptable firm fixed price; or if none can be agreed upon, 11.6.2 A mutually acceptable fixed fee based on the estimate of the various portions of the Cost of the Work. 11.7 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the net shall be computed to include overhead and profit, identified separately, for both additions and credits. 11.8 Whenever cost of any Work is to be determined pursuant to paragraphs 11 .4 and 11.5, CONTRACTOR will submit in form prescribed by ENGINEER an itemized cost breakdown together with supporting data. 11.9 Allowances: It is understood that the CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such materialmen, suppliers or Subcontractors and for such sums within the limit of the allowances as the ENGINEER may approve. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. The CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. 11.9.1 These allowances shall cover the cost to the CONTRACTOR, less any applicable trade discount, of the materials and equipment required by the allowance delivered at the site, and all applicable taxes. 11.9.2 The CONTRACTOR'S costs for unloading and handling on the site, labor, installation costs. overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Price and not in the allowance. OCC 00700-32 General Conditions CAS Project No. 22-2252 11.9.3 Whenever the cost, as described in 11.9.1 above, is more than or less than the allowance, the Contract Price shall be adjusted accordingly by Change Order. The amount of the Change Order will recognize changes, if any, in handling costs on the site, labor, installation costs, overhead, profit and other expenses, except that whenever unit price allowances are stipulated for Work, the Change Order will not include any cost as described in 11.5 above. ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 The date of beginning and the time for completion of the Work are essential conditions of the CONTRACT DOCUMENTS and the Work embraced shall be commenced on a date specified in the NOTICE TO PROCEED. 12.2 The CONTRACTOR will proceed with the Work at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. 12.3 If the CONTRACTOR shall fail to complete the Work within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be default after the time stipulated in the CONTRACT DOCUMENTS. 12.4 The CONTRACT TIME may only be changed by a Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the OWNER and ENGINEER within ten days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty- five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the CONTRACT TIME shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the CONTRACT TIME resulting from any such claim shall be incorporated in a Change Order. 12.5 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefore as provided in paragraph 12.4 Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. OCC 00700-33 General Conditions CAS Project No. 22-2252 12.6 All time limits stated in the Contract Documents are of The essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. 12.7 No claim for delay shall be allowed because of failure to furnish Drawings until two weeks after demand for such Drawings and not then unless such claim be reasonable. 12.8 This article does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 12.9 No claim for extension of time will be considered because of unusual weather conditions, and no reparation shall be made to the CONTRACTOR for damages to the Work resulting therefrom, except as stipulated in paragraph 15.2 and as follows. The ENGINEER shall be responsible for determining the extent of extension of time, and shall notify the OWNER and CONTRACTOR in writing thereof within seven days after CONTRACTOR has been notified to resume work. Such extension shall be covered by a Change Order adjusting the Contract Time. ARTICLE 13 - GUARANTEE 13.1 The CONTRACTOR shall guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of SUBSTANTIAL COMPLETION. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of SUBSTANTIAL COMPLETION of the system that the completed system is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or the Work that may be made necessary by such defects, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The performance BOND shall remain in full force and effect through the guarantee period. ARTICLE 14 - PAYMENTS AND COMPLETION Payments to Contractor: 14.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. OCC 00700-34 General Conditions CAS Project No. 22-2252 If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER'S title to the material and equipment and protect his interest therein, including applicable insurance. The CONTRACTOR shall replace at his expense any stored materials paid for which are either damaged or stolen before installation. The ENGINEER will. within ten (10) days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case. the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER, will within thirty (30) days of presentation to him of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. Except as State law otherwise provides, the OWNER may retain ten (10) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The OWNER at any time, however, after fifty (50) percent of the Work has been completed, if he finds that satisfactory progress is being made, may reduce retainage on the current and remaining estimates upon recommendation by the ENGINEER. When the work is substantially complete (operational or beneficial occupancy), the retained amount may be further reduced to only that amount necessary to assure completion upon recommendation by the ENGINEER. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. The OWNER may reinstate up to 10 percent withholding if the OWNER determines, at its discretion. that the CONTRACTOR is not making satisfactory progress or there is other specific cause for such withholding. Final Release of Lien: 14.2 The OWNER shall receive from the CONTRACTOR, before he shall receive final payment, final releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the Work. Likewise, as a condition to receiving any progress payment, the OWNER shall require the CONTRACTOR to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the Work during the period of time for which the progress payment is due, releasing such lien rights as those persons, firms or corporations may have for that period. Contractor's Warranty of Title: 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will have passed to the OWNER prior to the making of the OCC 00700-35 General Conditions CAS Project No. 22-2252 Application for Payment, free and clear of all Hens, claims. security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no work, materials or equipment covered by an Application for Payment will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payments: 14.4 The ENGINEER will, within ten days after receipt of each Application for Payment. either indicate in writing his approval of payment and present the Application to the OWNER, or return the Application to the CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make necessary corrections and resubmit the application. The OWNER will, within thirty days of presentation to him of an approved Application for Payment, pay the CONTRACTOR the amount approved by the ENGINEER. Representation: 14.5 The ENGINEER'S approval of any payment requested in an Application for Payment shall constitute a representation by him to the OWNER, based on the ENGINEER'S on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the supporting data, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment the ENGINEER shall not thereby be deemed to have represented that he made exhaustive or continuous on- site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the OWNER free and clear of any liens. Certification on Request: 14.6 The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work or that all materials included in this request for payment and not yet incorporated into the construction OCC 00700-36 General Conditions CAS Project No. 22-2252 fare now on the site or stored at an approved location: and payment received from the last request for payment has been used to make payments to all first tier subcontractors and suppliers except as listed below". Final Payment: 14.7 The ENGINEER'S approval of final payment shall constitute an additional representation by him to the OWNER that the conditions precedent to the CONTRACTOR'S being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. Refusal to Pay: 14.8 The ENGINEER may refuse to approve the whole or any part of any payment if, in his opinion, he is unable to make such representations to the OWNER. He may also refuse to approve any such payment, or because of subsequently discovered evidence or the results of subsequent inspection or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the OWNER from loss because: 14.8.1 The Work is defective, or completed Work has been damaged requiring correction or replacement, 14.8.2 The Work for which payment is requested cannot be verified, 14.8.3 Claims or Liens have been filed or there is reasonable evidence indicating the probable filing thereof, 14.8.4 The Contract Price has been reduced because of modifications, 14.8.5 The OWNER has been required to correct defective Work or complete the Work in accordance with Article 13. 14.8.6 Of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.8.7 Of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.8.8 Of liquidated damages payable by the CONTRACTOR, or 14.8.9 Of any other violation of, or failure to comply with, the provisions of the Contract Documents. Substantial Completion: OCC 00700-37 General Conditions CAS Project No. 22-2252 14.9 Prior to Substantial Completion, the OWNER, with the approval of the ENGINEER and with the concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the Work. Such use shall not constitute an acceptance of such portions of the Work. Entering Premises: 14.10 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the OWNER. Engineer's Certificate: 14.11 Upon completion and acceptance of the Work the ENGINEER shall issue a certificate attached to the final payment request that the Work has been accepted by him under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the Work. Indemnification: 14.12 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the Work. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the Contract Documents by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. Acceptance of Final Payment as Release: OCC 00700-38 General Conditions CAS Project No. 22-2252 14.13 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1 The OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the CONTRACTOR and the ENGINEER which shall fix the date on which Work shall be resumed. The CONTRACTOR will resume the Work on the date so fixed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Articles 11 and 12. Work During Inclement Weather: 15.2 No work shall be done under these specifications except by permission of the ENGINEER when the weather is unfit for good and careful work to be performed. Should the severity of the weather continue, the CONTRACTOR, upon the direction of the ENGINEER. shall suspend all work until instructed to resume operations by the ENGINEER and the Contract Time shall be extended to cover the duration of the order. Work damaged during periods of suspension due to inclement weather shall be repaired and/or replaced by the CONTRACTOR. Any compensation for repairs or replacements shall be subject to approval of the OWNER. OWNER May Terminate: 15.3 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws. or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of, the Contract Documents, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety OCC 00700-39 General Conditions CAS Project No. 22-2252 seven days' written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a Change Order. Contractor Termination: 15.4 Where the CONTRACTOR'S services have been so terminated by the OWNER. said terminations shall not affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR will not release the CONTRACTOR from liability. Seven Days Notice: 15.5 Upon seven days' written notice to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit. Removal of Equipment:: 15.6 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the OWNER, shall promptly remove any part or all of his equipment and supplies from the property of the OWNER. Should the CONTRACTOR not remove such equipment and supplies, the OWNER shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate: 15.7 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the ENGINEER, within thirty days of its approval and presentation, then the CONTRACTOR may, upon seven days' written notice to the OWNER and the ENGINEER, terminate the Agreement and OCC 00700-40 General Conditions CAS Project No. 22-2252 recover from the OWNER payment for all Work executed and any expense • sustained plus a reasonable profit. In addition and in lieu of terminating the • Agreement, if the ENGINEER has failed to act on an Application for Payment or the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon seven days' notice to the OWNER and the ENGINEER stop the Work until he has been paid all amounts then due. OWNER Furnished Equipment: 15.8 In case the OWNER furnishes equipment to the CONTRACTOR to install, but fails to deliver it to the CONTRACTOR as required by SUPPLEMENTARY CONDITIONS or SPECIAL CONDITIONS, and in case such failure causes the CONTRACTOR additional expense or need for extension of time, the CONTRACTOR may make such claims upon the OWNER and obtain adjustments as provided herein. ARTICLE 16 - MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. 16.2 All Specifications, Drawings and copies thereof furnished by the ENGINEER shall remain his property. They shall not be used on another Project, and with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.36 and 14.3 and those in the Special Conditions and the rights and remedies available to the OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. OCC 00700-41 General Conditions CAS Project No. 22-2252 16.5 The Parties to this agreement hereby agree that sole and exclusive jurisdiction for any dispute or action, judicial or otherwise, arising from or related to this agreement, shall lie in the 17th Judicial Circuit, in and for Broward County Florida. The Parties further agree that the prevailing party in any such action, judicial or otherwise, shall be entitled to an award of their attorney's fees and costs. The Parties to this agreement hereby intentionally waive their right to trial by jury for any dispute arising from or related to this agreement in any way. The Parties agree that an absolute condition precedent to commencing any action, judicial or otherwise, arising from or related to this agreement, shall be the completion of mediation before a mutually agreed upon mediator. If a mediator cannot be agreed upon, one shall be selected randomly from a group of six (6) mediators chosen three (3) and three (3) by the CONTRACTOR and the OWNER respectively. The cost of mediation shall be born equally by all parties participating in the same. END OF SECTION OCC 00700-42 General Conditions CAS Project No. 22-2252 SECTION 00800 SPECIAL CONDITIONS & SUPPLEMENTARY CONDITIONS • ENGINEER is as follows: CRAIG A. SMITH & ASSOCIATES 1425 E. Newport Center Drive Deerfield Beach, FL 33442 (561) 314-4445 1.0 HOURS OF CONSTRUCTION & LIMITS OF CONSTRUCTION: Normal work hours for this project are from 7:00 AM to 4:30 PM Monday through Friday. Any work done outside these hours will require permission from the OWNER. No work will be allowed on federally recognized holidays. Noises from construction activity, tools or equipment used and operated on a construction site between the hours mentioned, provided that all tools or motorized equipment used in such activity are equipped with all sound reducing features and equipment originally part of the tool or equipment, or other effective sound control devices similar to those provided or as effective as that installed as original equipment. 2.0 FIELD TESTING (where applicable): The OWNER and/or ENGINEER shall be present during all necessary testing. The CONTRACTOR shall notify the engineer at least forty-eight (48) hours in advance of any field testing. The CONTRACTOR shall pay for the cost of any required test(s). 3.0 STANDARD SPECIFICATIONS: Except as noted herein and other sections of the contract specifications, all construction methods, quality of materials, and workmanship shall meet the requirements of the following Standards: A. Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Current Edition and Current Supplements (hereinafter FDOT Standards), B. Florida Department of Transportation Design Standards, Current Edition (hereinafter FDOT Design Standards) and all addenda thereto. D. The Technical Provisions contained herein and in other sections of the contract specifications are only additional provisions and/or revisions to the Standard Specifications mentioned above. CONTRACTOR shall adhere to the strictest interpretation of the Standards listed herein. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-0 4.0 PERMITS AND LICENSES: All permits. licenses and fees including but not limited to all licenses. occupational license, certificate of occupancy, impact fees or inspection fees necessary for the prosecution of the work undertaken by the CONTRACTOR pursuant to this CONTRACT shall be secured and paid for by the CONTRACTOR. A South Florida Water Management District Environmental Resource Permit has been obtained for the project by the OWNER and the contractor is to comply with all permit conditions and authorizations and shall be responsible for all enforcement actions taken against the Owner (including fines) caused by the contractor's failure to comply with the Owner's permit. The OWNER/ENGINEER shall secure all permit extensions as required for the project for the permits the OWNER has already obtained. The CONTRACTOR shall pay all costs of permit extensions resulting from the CONTRACTOR's failure to complete the work within the proposed CONTRACT time. It is the CONTRACTOR's responsibility to have and maintain appropriate certificate(s) of competency, valid for the work to be performed and valid for the jurisdiction in which the work is to be performed. 5.0 LUMP SUM ITEMS: Although some items will be priced on a lump sum price, most of these items are composed of numerous elements that make up the total and as such shall necessitate an individual price listing for each and every item encompassed in this construction phase. It shall be the responsibility of the CONTRACTOR to supply the OWNER and ENGINEER a detailed price List of each component of these Lump Sum Items at the pre-construction meeting held by the OWNER and ENGINEER after the CONTRACT has been awarded. These detailed price lists shall be the basis of any increase or decrease in the original scope of work. 6.0 ADJUSTMENT OF LUMP SUM ITEMS IN CONTRACT: No adjustment will be made to Lump Sum Items of work under the CONTRACT without specific detailed information as to the exact relationship between that Lump Sum Item and any other unit price item of work, which may change. The CONTRACTOR shall supply this information for the ENGINEER'S evaluation prior to considering the adjustment of any Lump Sum Item of work in the CONTRACT via the change order process. No automatic increases will be permitted to Lump Sum Items of work under the CONTRACT. 7.0 PROTECTION AND RESTORATION OF SURVEY MONUMENTS: The CONTRACTOR shall carefully protect from disturbance all survey monuments, stakes and bench marks, whether or not established by him. and he shall not remove or destroy any surveying point until it has been properly witnessed or otherwise disposed of by the ENGINEER. All major survey monuments such as section corners, one quarter section corners, property corners or block control points shall be replaced at the CONTRACTOR'S expense with monument(s) of a quality equal to current standards. The replacement shall be under the supervision of a Professional Land Surveyor registered in the State of Florida. 8.0 UTILITY LOCATION: The CONTRACTOR shall notify each utility company sufficiently ahead of construction to arrange for positive underground locations (Soft Digs), relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Moving any water/sewer mains or utilities solely for the convenience of the CONTRACTOR shall be paid for by the CONTRACTOR. All charges by utility companies for temporary OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-1 support of its utilities shall be paid for by the CONTRACTOR. All costs of Soft Digs and permanent utility relocations to avoid conflict shall be the responsibility of the CONTRACTOR and the UTLITY involved. No additional payment shall be made for any form of utility relocation, whether or not said relocation is necessitated by this project to avoid conflict therewith. No contract time extensions shall be allowed to the CONTRACTOR for utility conflict resolutions. A. As far as possible, all existing utility lines in the project area have been shown on the Plans. However, the OWNER does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR's responsibility to identify and locate all underground or overhead utility lines or equipment affected by the project. No additional payment shall be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities and damages suffered as a result thereof. When the ENGINEER'S redesign is required to avoid utility conflicts, it is the CONTRACTOR'S responsibility to inform the ENGINEER and submit detailed survey information of the conflict sufficiently ahead of construction to allow for redesign at no additional extension of contract time. B. All overhead, surface or underground structures and utilities encountered in trenching, whether shown on the Plans or not shown on the Plans, are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The OWNER reserves the right to make such repairs at the expense of the CONTRACTOR. 1. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the Utility Owner; all damaged utilities shall be replaced or prevented from leaking. All repairs are to be inspected by the Utility Owner prior to backfilling. C. The CONTRACTOR should be aware of the One-Call Center, which has a free locating service for CONTRACTOR's and excavators. 1. Within forty-eight (48) hours before excavating, dial toll free 1-800-432-4770 anywhere from Miami-Dade up to the Brevard/Indian River County Line, and a locator shall be dispatched to the work location. D. Where it is necessary for the CONTRACTOR to interrupt water and sewer service to existing buildings, the CONTRACTOR shall prepare and submit to the ENGINEER (forty-eight (48) hours prior to commencing work), a complete description of his proposed procedure and a time schedule which, the CONTRACTOR shall guarantee. Twenty-four (24) hours prior to the time proposed for starting the work, the CONTRACTOR will be notified whether or not the work shall be permitted as proposed. 1. In no case shall the CONTRACTOR be permitted to interfere with any existing service until all materials, supplies, equipment, tools and incidentals necessary to complete the work are on the job site. 2. The OWNER, through the OWNER's ENGINEER representative, reserves the right to require the CONTRACTOR to work twenty-four (24) hours per day in all cases where interference with existing water and sewer service OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-2 may result in health hazards, offensive conditions, or serious inconveniences to persons served by the system. E. Conflicts and Conflict Manholes/Inlets - The CONTRACTOR shall abide by the following schedule of criteria concerning conflicts with other contractors and other utilities. 1. The CONTRACTOR shall verify the location of each utility line suspected of conflict prior to ordering the structure involved in the conflict and make it known to the ENGINEER of any adjustment required for the structures. 2. In no case shall there be less than three-tenths (0.3') of a foot between any two (2) pipelines or between pipelines and structures. 3. In cases of unforeseen utility conflicts the CONTRACTOR may be required to build conflict structures in place to avoid time delays. 4. The ENGINEER representative of the OWNER shall have full authority on behalf of the OWNER, to direct the placement of the various pipes and structures in order to facilitate construction, expedite completion and avoid conflicts. 5. Where an existing utility is to go through a conflict manhole/inlet, the manhole/inlet shall have a steel sleeve completely through the structure to protect the utility from breakage due to possible structure settlement. The steel sleeve shall meet the requirement of ASTM; cost to be included in manhole/inlet unit price. For further details, see FDOT Standard Indices and Local Utility Authority. F. Adjust Existing Valves. Meters. Catch Basins and Manholes: It shall be the CONTRACTOR's responsibility to make all adjustments to existing water meters, valves, catch basins and manholes encountered during construction, in order to meet all final grades, unless otherwise instructed by the ENGINEER or the respective UTLITY owner. Omission of such structures from the CONTRACT or Plans does not relieve the CONTRACTOR from responsibility for making such adjustments as may be deemed necessary. 1. The CONTRACTOR shall take this provision into account when personally performing the investigation of the site prior to bidding. Payment for such known and anticipated utility adjustments shall be included in the unit prices for various contract items. 2. Payment for the costs of other utility adjustments unknown or unforeseen and all related tests shall be the responsibility of the CONTRACTOR or the UTILITY. The OWNER will not pay any additional or separate costs for utility adjustments. 9.0 EQUIPMENT: All equipment necessary and required for the proper construction sequence of facilities shall be on the construction site, in first-class working condition, and shall have been approved by the ENGINEER before construction on that particular sequence of work is permitted to OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-3 start. The CONTRACTOR shall provide such tamping tools and equipment as are necessary for the proper compaction of the backfill. A. CONTRACTOR shall make provisions for backup equipment to replace project equipment, in case of equipment breakdowns or failures. 10.0 RECORD DRAWINGS: The Engineering plans were created using Autodesk Civil3D 2019 and the CONTRACTOR is to utilize a surveyor knowledgeable of Autodesk Civil3D 2019. The CONTRACTOR shall coordinate with the Owner's Engineer (CAS) to maintain field drawings on full size, reproducible paper and shall reflect the "As-Built" items of work as the work progresses. Below are minimum representative items of work that shall be shown as verified, changed, or added. The completed (or final) Record Drawings shall be certified by a Professional Land Surveyor, registered in the State of Florida. A total of two (2) sets of reproducible drawings and one electronic file in Autodesk Civil3D 2019, shall be furnished by the Surveyor to the Owner. All "As-Built" locations shall be identified by station and offset referenced to the centerline of construction. All "As-Built" information shall be shown and repeated where the label or note exists by lightly crossing out original label and placing "As-Built" label adjacent to it on all applicable sheets including drainage structures, summary of drainage structure, plan and profile views, cross sections, and/or such other similar and related sheets as provided. 10.1 Where applicable, representative items of work that shall be shown on the Record Drawings as verified, changed or added, are shown below: A. Roadway/ Drainage Plans: 1. Drainage structure types, locations with grate or rim and flowline elevations. 2. Sewer type, size and elevations. 3. Utility type, location, size, material composition and elevation in conflict structures. 4. Type and location of all manholes, valves, meters, hydrants and related appurtenances within right-of-way. 5. Spot (critical) elevations at all locations reflected in the plans as "bubble" grades. B. Pavement Marking and Signing: Sign location where shown or tabulated. C. Utility Relocation Plans: 1. Sewer manhole location with rim and flow line elevations. 2. Sewer pipe type, size, location and slope. 3. Water main pipe type, size, location and top of pipe elevation. 4. Type and location of all valves, hydrants, meters and fittings. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-4 D. Completion: 1. Upon completion of the work the SURVEYOR shall furnish Record Drawings to the Project Manager and Contractor. The Contractor shall verify the completed Record Drawings as correct. The Contractor shall submit a letter acknowledging agreement and acceptance of the Record Drawings and certifying that the quantities reflected therein are true and correct. The acceptance and certification letter shall be submitted along with CONTRACTOR's request for substantial completion certification. The semi-final inspection shall not be conducted unless the Record Drawings and the Contractor's letter of acceptance and certification are in the possession of the Owner's representative. 2. The cost for maintaining record changes, and preparation of the Record Drawings are included in the prices furnished for Survey Stakeout and As-Builts, exclusive of any additional services requested by the Contractor. 11.0 STORAGE SITES: The CONTRACTOR shall furnish, at his expense, properly zoned areas suitable for field offices, material storage and equipment service and storage. 11.1 The CONTRACTOR shall maintain these areas in a clean, orderly condition so as not to cause a nuisance in the area. 12.0 PRE-WORK CONFERENCE: After the award of CONTRACT and prior to the start of construction, a pre-work conference shall be held between the OWNER, CONTRACTOR, the ENGINEER, other interested agencies, representatives of utility companies, and others affected by the work. The ENGINEER will set the time and place of this conference. 12.1 The CONTRACTOR shall bring with him to the conference, a copy of his proposed work schedule for the concurrence by the ENGINEER. If the work schedule is found to be satisfactory, the ENGINEER will approve the work schedule and the work shall be performed in accordance with such schedule or approved amendments thereto. 13.0 SITE INVESTIGATION: The CONTRACTOR, by virtue of signing the CONTRACT. acknowledges that he and all his subcontractors have satisfied themselves as to the nature and location of the work, the general and local conditions including, but not restricted to: those bearing upon transportation; disposal, handling and storage of materials; access roads to the site; the confirmation and conditions of the work area; and the character of equipment and facilities needed preliminary to and during the performance of the work. Failure on the part of the CONTRACTOR to completely or properly evaluate any factors of costs prior to bidding shall not form a basis for additional compensation if he is awarded the CONTRACT. 14.0 RESTORATION OF PROPERTY: N/A OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-5 or Homeowner. Property, public or private, if damaged during construction or removed for the convenience of the work, shall be repaired or replaced at the expense of the CONTRACTOR to Such facilities shall include, but arc not limited to: signalization equipment, miscellaneous lawn or landscape acce"sories. 14.1 Private vegetation, fencing, enclosures, materials and sprinkler systems (collectively "private materials") currently occupy portions of the work ar a. Unless said private materials are specified as approved in Section 14.2 below, Contractor shall remove and specified as approved in Section 14.2 below, Contractor shall either: (a) leave said designated five (5) foot buffer zone, as directed by Owner. Any additional time or cost buffer zone, shall be subject to a negotiated change order between the Contractor and Owner, as approved by the Engineer. 14.2 APPROVED PLANT LIST FOR VEGETATIVE BUFFER SPACE PLANTING HEDGE OR SCREEN SHRUBS: Florida Native Species: = Chrysobalanus icaco I Cocoplum can grow to 12' 15' high ifleft untrimmed Capparis cynophallophora I Jamacian Caper can grow up to 16' high, uniform shape and growth habit, pink and white flowers, attracts butterflies Forestiera segregate I Florida Privet Up to 10' high, dense small leaves, black fruit attracts birds Hamela patens I Firebush 3' 10', informal mounding shape, red tinted foliage with orange red flower , Rapan a punctata I Myrsinc to 15', shrubby, screen plant or small tree = Conocarpus erectus / Green Buttonwood to 20', multi trunk bush or small tree with vase shaped crown, silvery foliage = Myrcianthes fragrans I Simpson Stopper 8' to 25', dense, leafy hedge or small tree, masses of fragrant flowers Myrica cerifera I Wax Myrtle to 20', large screening plant, usually multi stemmed, butterfly plant food Non Native species: Schefflera arboricola I Dwarf Schefflera up to 10' arching, vase shaped growth Acalypha wilkesiana I Copperleaf to 8' high, upright accent plant w/ colored foliage reddish, copper and/or white variegated leaves. Consistent water Duranta repens / Golden Dewdrop up to 14', informal bushy shrub w/ blue flowers. Attracts butterflies. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-6 Pedecarpus macrophyllus I Japanese Yew up to 35' Tall, narrow growth habit that can be sheared very formal. Hibiscus rose sinense I Hibiscus to 10' high and wide ifieft unpruned. Several colors of flowers available pink and red most common. SCREEN PALMS OR PALM LIKE: Dypsis lutescens I Areca to 20' high, multi stemmed screen palm = Caryota mitis I Clustering Fishtail Palm to 18', multi stemmed. Can spread quickly. NOTE: To avoid excessive vegetation overhang into the Right of Way all replacement I screening shrubs listed above shall be installed along the centerline of the designated buffer area or further inward toward the property line. per agreement with the District no plant species other that those listed above EXISTING OR RELOCATED vegetation as--I+sted in the final license agreement 14.3 The CONTRACTOR shall ensure that all landscaping, public or private, disturbed by or during the prosecution of the work, shall be replaced in like for like fashion and shall be returned to original or better condition. The cost of any such restoration is understood the CONTRACTOR for required property restoration. 15.0 CONTRACTOR'S COMPENSATION FOR ADDITIONAL AND/OR REVISIONS TO CONTRACT AFTER COMMENCEMENT OF WORK: The CONTRACTOR will be furnished with three (3) revised prints for any substantial design changes during construction at the discretion of the ENGINEER. The OWNER/ENGINEER may, at any time during the CONTRACT, issue field orders or directives to further illustrate the intent or requirements of a particular item or items of work. The CONTRACTOR at no additional cost shall execute such orders or directives, which do not substantially or materially alter the character or scope of the work, in the sole opinion of the ENGINEER. The CONTRACTOR shall be entitled to receive proper compensation for increases in quantities resulting from any field orders or directives. The ENGINEER is the final arbiter in disputes regarding this issue and decisions by the ENGINEER are final and binding. 15.1 The OWNER and/or ENGINEER may. at any time during the CONTRACT, increase or decrease the quantity of CONTRACT items to be constructed. The CONTRACTOR will be paid at the contract unit price for the actual quantities constructed. The unit prices reflected in the CONTRACTOR's bid proposal shall reflect full and complete compensation for each item of work including but not limited to all labor, materials, equipment, direct and indirect overhead and profit. 15.2 When the CONTRACTOR requests additional compensation for Maintenance of Traffic Operations he shall provide a breakdown of this daily cost along with the time extension request. This cost breakdown shall be limited to the following items: superintendent, construction signs, barricades, construction yard rent, latrine rent, and construction yard fence rent. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-7 16.0 LABORATORY TESTS: Testing procedures in the FDOT Standards may be required at the discretion of the ENGINEER or the OWNER. 16.1 Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment required under these Specifications shall be in accordance with the latest standards or tentative of the American Society for Testing Materials (ASTM) or the latest standards or methods of the American Association of State Highway and Transportation Officials (AASHTO). 16.2 The testing samples and materials shall be made at the expense of the CONTRACTOR, except where indicated otherwise. The CONTRACTOR shall furnish the required samples without charge. The CONTRACTOR shall give sufficient notification (forty-eight (48) hours minimum) of the placing of the orders for materials to permit testing. 16.3 All material tests shall be made by a competent testing laboratory to be approved by the OWNER and ENGINEER. 16.4 Density tests shall be performed by the approved testing service and paid for by the CONTRACTOR. 16.5 The frequency of tests shall be the option of and as directed by the ENGINEER. 17.0 SOIL BORINGS: Soil boring information may be furnished to the CONTRACTOR, on request, for general information, only. Such data is not guaranteed to be correct; the CONTRACTOR, by virtue of signing the CONTRACT, acknowledges that he and his subcontractor's have satisfied themselves as to the nature and extent of soil and (underground) water conditions on the project site. No additional payment will be made to the CONTRACTOR because of differences between actual conditions and those shown by any existing or furnished soil boring logs. 18.0 NO ADJUSTED PAYMENT FOR OVER-THICKNESS OF MATERIALS: There are no special provisions to this CONTRACT, which provide for adjusted payment for materials to be paid for based on finished area of work. No adjustment(s) will be made to quantities based on actual thickness versus nominal thickness. All materials in this CONTRACT shall be paid for as though they are installed at the nominal thickness required on the Plans. All materials shall be installed to the tolerances required in the FDOT Standards. The OWNER will not pay additional costs for materials, which exceed the tolerances required by the Specifications. Materials, which fail to meet tolerances, shall be replaced or corrected by the CONTRACTOR, as directed by the ENGINEER at no additional cost to the OWNER. 19.0 COMPUTATION OF CONTRACT TIME: Contract time extension shall not be automatically applied or increased. It shall be the CONTRACTOR's responsibility to request for contract time extensions and CONTRACTOR shall provide adequate justification. Only if the CONTRACTOR can justify increasing the contract time will an extension to the contract time be considered. Contract time is calculated with consideration given that significant work is not normally accomplished OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-8 around holidays and vacation periods. Therefore, no contract time adjustments shall be allowed for holidays and vacations. 20.0 EXCESS MATERIAL: Upon direction of the ENGINEER, all vegetation, debris, concrete or other unsuitable materials shall be disposed of in areas provided by the CONTRACTOR, and approved by the ENGINEER. Any excess material desired to be retained by the OWNER shall be delivered by the CONTRACTOR to a designated area within a five(5) mile radius of the project, at no extra cost to the OWNER. 21.0 LINE AND GRADE: The ENGINEER has provided vertical control for layout of the work in the form of benchmarks located adjacent to the work. From these benchmarks and from horizontal controls provided by the ENGINEER, the CONTRACTOR shall develop and make all detailed surveys needed for construction and shall establish all working points, lines and elevations necessary to perform the work. This surveying work shall be supervised by a Professional Land Surveyor registered in the State of Florida. 21.1 It is the sole responsibility of the CONTRACTOR to confirm and verify the accuracy of horizontal and vertical controls prior to commencement of construction. CONTRACTOR shall not be allowed additional payments on the basis of incorrect horizontal and vertical controls. 22.0 CRITICAL PATH METHOD (CPM) SCHEDULING: 22.1 References The General Conditions, Supplementary Conditions, and applicable portions apply to the work of this Section as if printed herein. The Contractor will be required to submit a construction schedule using Microsoft Projects (or approved equivalent) with Gantt Bar charts. The schedule must be detailed enough for the Engineer and Owner to monitor work progress. The initial schedule must be submitted on or before the pre-construction meeting. The schedule will be updated and submitted monthly to CAS with pay requests. The subsequent paragraphs (22.##) in this section are shown for reference or guidance only. 22.2 General: A. The CONTRACTOR shall develop a Computerized Cost Loaded schedule network diagram (within CPM), demonstrating complete fulfillment of all CONTRACT requirements, shall keep the network plan up-to-date in accordance with the requirements of this section and shall utilize this plan in planning, coordinating and performing the work under this CONTRACT (including all activities of subcontractors, equipment vendors and suppliers). I-J notation or Precedence technique may be used. B. The CONTRACTOR is encouraged to involve all subcontractors in the development, implementation and updating process of its schedule. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-9 • C. The schedules and reports required by this section are to be prepared and . submitted by the CONTRACTOR to the ENGINEER for review in accordance with Table 1 of this section. D. Failure of the CONTRACTOR to prepare, submit and update the schedules and reports in accordance with the Specification shall be cause for the OWNER to withhold payment on the CONTRACTOR'S Monthly Application for Payment. The Schedules and Reports are due and shall be delivered to the ENGINEER with the CONTRACTOR'S Monthly Application for Payment. 22.3 CPM Subcontractor: A. To assist in the preparation and production of the CPM network diagram and computer-produced report sorts required under this section, the CONTRACTOR shall engage at his own expense a CPM subcontractor having the following qualifications (except that the CONTRACTOR may perform these services with his own organization if the CONTRACTOR himself meets the following requirements applicable to the CPM subcontractor, subject to the approval of the ENGINEER. It is the responsibility of the CONTRACTOR to satisfactorily demonstrate that such individuals are fully qualified and that the services shall be equal to that of a CPM subcontractor). 1. Has at least one full-time employee skilled in the application of computerized CPM network techniques to construction projects of the magnitude and complexity of this project. 2. Has on site a computer program for the production of the required CPM network, schedule reports and cost payment reports; and 3. Has on site the computer facilities with the capability of delivering the CPM network and the required reports. B. Within ten (10) days of CONTRACT award and prior to engaging a CPM subcontractor or commencing performance of the work required under this section with his own forces, the CONTRACTOR shall submit to the ENGINEER: 1. The name and address of the proposed CPM subcontractor; 2. Information sufficient to show that the proposed CPM subcontractor or the CONTRACTOR's own organization has staff and computer facilities meeting the requirements specified in this paragraph; and 22.4 Initial Submittal: A. Before proceeding with any work on the site and within twenty (20) calendar days after receipt of CONTRACT award, the CONTRACTOR shall provide a preliminary network for the project. The preliminary network shall be computerized and define the CONTRACTOR's planned operations during the first one hundred and twenty (120) calendar days of the contract period and shall include the general approach for the balance of the project. The preliminary network shall include event number, activity description, activity duration, and activity value and activity logic for the first one hundred and OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-10 twenty (120) calendar days. The critical path shall be shown graphically on the preliminary network. After review by the OWNER, the CPM subcontractor shall accept or reject in writing within seven (7) calendar days all comments to the schedule made by the OWNER and resubmit for final acceptance. Upon final acceptance, the preliminary network shall not be changed, except as provided by this section, and be incorporated in its entirety into the complete schedule described in section 22.4, C., below. B. Within thirty (30) calendar days after receipt of CONTRACT award, the CONTRACTOR shall submit for the ENGINEER'S review and approval a computerized CPM network diagram and accompanying reports describing the activities to be accomplished and their dependency relationships, together with a computer produced schedule in accordance with the requirements of subarticle H, COMPUTER-PRODUCED SCHEDULE REQUIREMENTS, showing the starting and completion dates for each activity in terms of calendar days from receipt of CONTRACT award. All completion dates shown shall be within the period specified for CONTRACT completion. The resource loading described in 22.6, C., 4., is considered part of the complete schedule submittal. C. Submittal of the CPM Progress Schedule shall be understood to be the CONTRACTOR's representation that: 1. Schedule meets the requirements of the CONTRACT Documents and that Work shall be executed in the sequence indicated on the schedule. 2. CONTRACTOR has distributed progress schedule to Subcontractor's for review and acceptance. 22.5. Review and Approval: A. Within ten (10) calendar days after receipt of the complete schedule submittal and accompanying reports, the ENGINEER or representative shall meet with the CONTRACTOR for joint review, comment, and evaluation of the proposed plan and schedule. After the joint review, the CONTRACTOR shall accept or promptly reject in writing within seven (7) calendar days, all comments to the schedule made by the OWNER and shall submit four signed copies of the revised CPM diagram to the ENGINEER. The re-submission will be reviewed by the ENGINEER and, if found to be adequate, will be approved; an approved copy will be returned to the CONTRACTOR. Upon approval of the schedule, the CONTRACT Notice to Proceed (NTP) will be issued. Any increased costs to the CONTRACT due to the delay of the NTP under this section shall be the responsibility of the CONTRACTOR. The approved schedule shall then be the schedule to be used for planning, organizing and directing the work, reporting progress, and requesting payment for the work accomplished. If the CONTRACTOR thereafter decides to make changes in his network logic or method of operating and scheduling, he shall notify the ENGINEER in writing of the reason for the change. The ENGINEER will review and approve all changes prior to insertion into the approved schedule. 22.6. Detailed CPM Diagram Requirements: OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-11 A. A detailed CPM diagram shall show the sequence and interdependencies of . activities required for complete performance. In preparing the CPM diagram, the CONTRACTOR shall break-up the work into activities of a duration of no longer than fifteen (15) working days each, except as to non-construction activities (such as procurement of materials, delivery of equipment and concrete curing) and any other activities for which the ENGINEER may approve the showing of longer duration. The selection and number of activities shall be the responsibility of the CONTRACTOR but shall be subject to the approval of the ENGINEER. Network activities shall include, in addition to construction activities, activities for submittal of materials, samples, shop drawings, operation and maintenance manuals, master equipment lists, spare parts lists, and other related documents. Also included shall be activities for the procurement of all major or critical materials and equipment, including fabrication and delivery, installation and testing. Of particular interest shall be those material and equipment procurement items that are expected to be critical to the progress of actual construction. Activities of the OWNER/ENGINEER indicating reviews and approvals of materials, equipment, testing, and other actions that effect progress shall be shown. Time frames for OWNER activities shall not be less than specified and shall include reasonable time for activities that do not have time indicated. B. Windowing (chronologically selected portions of the network) specified for reports or diagramming shall be possible on the CONTRACTOR provided computer workstation. A network information report, listing the information contained in the reference menu and logic diagram, shall be provided for the initially approved network as well as each update, which incorporates a logic change. C. Activity duration (i.e. the single best estimate, considering the scope of the activity and the resources planned for the activity) shall be shown for each activity on the diagram. Failure to include any element of work required for the performance of this CONTRACT shall not excuse the CONTRACTOR for completing all work required within any applicable completion date, non- withstanding the ENGINEER's approval of CPM diagrams. 1. The construction schedule shall represent a particle plan to complete the work within the CONTRACT duration. A schedule extending beyond the contract time will not be accepted. A schedule showing the work completing in less than the contract time, which is approved by the ENGINEER, shall be considered to have float. The float is the time between the schedule completion of the work and the CONTRACT completion date. 2. Float is defined as the amount of time between the early start date and the late start date, or the early finish date and the late finish date, of any activity in the project schedule. Total float is defined as the amount of time any given activity or path of activities may be delayed before it will affect the project completion time. Float is a resource available to both the OWNER and the CONTRACTOR. 3. The CPM schedule's critical or near critical activities should not exceed thirty-five (35%) percent of the project's total activities. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-12 Critical path activities are designed as those with zero (0) float while near critical are those having ten (10) days or less of float. 4. The CONTRACTOR shall resource load and cost-load all activities (to equal the CONTRACT value) requiring the use of CONTRACTOR resources. The CONTRACTOR may, at his option, decide on greater detail for his own purposes, but if this option is elected, the system shall be able to consolidate resources into the above defined categories for use by the ENGINEER. a. All activities of the OWNER that affect progress will be included in the network and be coded to allow a separate report. 5. A summary network schedule shall be developed. It shall be included in the detailed network and shall include all milestones and other activities of significant importance. The selection and number of activities, expected to be twenty to forty (20-40) activities, shall be subject to the ENGINEER's approval. The network analysis system shall identify each activity on the diagram along with description of that activity, cost of the activity, and activity duration in work days. The total value of all activities in the summary network shall equal the CONTRACT value. Activities of the summary network shall hammock the detailed activities of a major portion of work, and be coded to allow for a separate report. 22.7 CPM Network Diagram Supporting Data A. The CONTRACTOR shall concurrently furnish the following supporting data with the CPM network diagram. 1. Cost estimate for each activity. The total of all activity costs shall equal the CONTRACT price. 2. Construction manpower loading as a function of time of each activity. 3. Other data such as the proposed number of working days per week. the planned number of shifts per day and the number of hours per shift. B. The CONTRACTOR shall furnish with the CPM network diagram, and each submittal or revision thereto which affects the CONTRACT time, cash flow in a suitable scale indicating graphically the total percentage of activity dollar value scheduled to be in place based on both early and late finish dates. 22.8 Computer-Produced Schedule Requirements A. The CONTRACTOR shall furnish with the CPM network diagram, and each submittal or revision thereof, computer-produced reports (listed in 22.8, C.), showing the following minimum data for each activity: 1. Activity beginning event number. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-13 2. Activity ending event number (mandatory only when I-J format is . • used). 3. Activity description. 4. Activity duration estimate. 5. Remaining duration. 6. Activity cost estimate. 7. Trade code (responsibility code including CONTRACTOR, subcontractor, supplier and OWNER). 8. Early start date - by calendar date. 9. Early finish date - by calendar date. 10. Late start date - by calendar date. 11. Late finish date - by calendar date. 12. Actual start date - by calendar date. 13. Actual finish date - by calendar date. 14. Total float. 15. Percent completed. 16. CONTRACTOR's earnings based on portion of activity completed. 17. Resource loading. B. The program used in making the mathematical computation shall be capable of compiling the total value of completed and partially completed activities. The program shall also be capable of calculating time data without being effected from the cost/value data. C. As a minimum, the following computer-produced report sorts of the basic activity data shall be supplied with clear identification on the first page of each report: 1. Activity listing by number sequence. 2. Activity sort by total float - early start date - early finish date, late start. 3. Activity sort by trade - early start date - total float, late start date, late finish. 4. CONTRACTOR's monthly payment request sorted by trade. 5. By milestone items. (See Summary Network, Paragraph 22.6, C., 5. above). OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-14 6. S-curve Construction Progress S-curves: This report shall be a plot of the three S-curves of the value of the work-in-place. The curves shall be clearly distinguishable from each other, and shall represent the following: a. The projected cumulative value of work-in-place if the early start and finish dates are used. b. The projected cumulative value of work-in-place if the late start and finish dates are used. c. The actual cumulative payments to the CONTRACTOR to date. This curve shall be extended to project completion to show a forecast of final cumulative CONTRACTOR payments. 1) This report shall be time scaled, with the X-axis representing the project calendar, and the Y-axis representing cumulative payments to the CONTRACTOR. 2) The ENGINEER shall be allowed to request network reports based on any (allowable) combination of the sorting criteria. 3) Initial submittal, complete revisions, monthly pay requests and change orders requesting time extension shall be submitted in four copies. 22.9 Progress Reporting and Changes A. The CONTRACTOR shall submit, at monthly intervals (end of each month), a report of the actual construction progress by updating the network and producing an updated network report. The submittal shall include the CPM network, summary network and the sorts listed in 22.8, C., of this section. The monthly update report shall show current status (to include completed activities, actual start and finish dates) and explanation for any out of sequence progress. If the ENGINEER feels the out of sequence progress is distorting the network, he may require an update of the CPM logic and submittal of the new network for approval at no additional cost to the OWNER. B. Once a month, prior to the date specified by the ENGINEER for submission of updated computer-produced CPM network and reports, the CONTRACTOR shall make entries in the preceding computer-produced calendar-dated schedule: 1. To show actual progress and percent completed of those activities in progress; 2. To identify those activities started and those completed during the previous period; OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-15 3. To show the estimated time required to complete each activity started but not yet completed; 4. To reflect any changes in the CPM diagram approved by the Constructing Officer Representative. a. The CONTRACTOR shall submit for approval an updated computer-produced CPM network and reports in the detail specified in subarticle H, COMPUTER-PRODUCED SCHEDULE REQUIREMENTS, to the office designated by the ENGINEER, no later than the close of business on the date specified by the ENGINEER. C. Extension of time for performance required under the General Conditions pertaining to equitable time adjustment will be granted only to the extent that the equitable time adjustment exceeds total float in the activity or path of activities affected at the time CONTRACT award was issued for the change. The CONTRACTOR shall indicate in his cost proposal, all activities affected, activities added or activities deleted. A subnet of activities affected by the change shall also be submitted in four hard copies. Resubmission of the entire network diagram in hard copy will not necessarily be required. Each monthly updating of the network reports shall include revisions incorporated into the system of all approved modifications. D. In addition to the foregoing, the CONTRACTOR shall submit a narrative report once each month with the updated schedule in a form agreed upon by the CONTRACTOR and the ENGINEER. The narrative report shall include a description of the progress during the last month in terms of current and anticipated delaying factors and their estimated impact on the cost of performance of other activities and completion dates, and an explanation of corrective action taken or proposed. E. A monthly joint update meeting is required. The purpose of these joint update meetings is to maintain proper communications and understanding regarding the project schedule. Attendees should include all contracted parties who are concerned with schedule and performance, especially major subcontractors. 22.9 Payments to CONTRACTOR The CONTRACTOR's monthly progress billings shall be based on the cost estimates allocated to each schedule activity. A. The CONTRACTOR shall be entitled to progress payment only upon approval of estimates as determined from the updated CPM network and reports submitted and approved for month of current invoice. B. If the CONTRACTOR fails to submit the CPM diagram and computer- produced schedule within the time prescribed, or the updated monthly schedule within the time requested, the ENGINEER will withhold approval of progress payment estimates until such time as the CONTRACTOR submits the required schedules, that conform to the Specifications found in this section. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-16 22.10. Responsibility for Completion A. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, the CONTRACTOR shall immediately take any and all steps necessary to improve his progress at no additional cost to the OWNER. such as the following: 1. Increase construction manpower in such quantities and crafts as will substantially eliminate the lag in scheduled progress. 2. Increase the number of working hours per shift, shifts per working day, working days per week, or the amount of construction equipment, or any combination of the foregoing, as required to substantially eliminate the lag in scheduled progress. 3. Reschedule sequence activities to achieve maximum practical concurrence accomplishment of work activities. B. The ENGINEER may also require the CONTRACTOR to submit for approval and at no additional cost to the OWNER a revised logic diagram as may be deemed necessary to demonstrate the manner in which the approved progress schedule will be regained. C. Failure of the CONTRACTOR to comply with the requirements of the ENGINEER under this subarticle 22.10 shall be grounds for determination by the ENGINEER that the CONTRACTOR is not prosecuting the work with such diligence as will insure completion within the time specified. Upon such determination the ENGINEER may terminate the CONTRACTOR's right to proceed with the work, or any separable part thereof, in accordance with the applicable provisions of the General Conditions. Table 1 REPORTING FREQUENCY OF SCHEDULES AND REPORTS Reporting Frequency Description of Paragraph Within 20 Days of Within 30 Days of Each Schedule or Report Contract Award Contract Award_ _ Month Preliminary Network 22.4, A. X Detailed CPM Network (on floppy disk & print) 22.4, B. X X Resource Loading 22.6, C., 4. X X Summary Network 22.6, C., 5. X X Updated Network Reports 22.8, C. X X S-Curve 22.8, C. X X Explanation of out of Sequence Work 22.9, A. X X Narrative Report 22.9, D. X X Monthly Update Meeting/Minutes 22.9, E. X Four Prints of each schedule or report shall be submitted. 23.0 LAMPING AND VIDEO-TAPING OF STORM SEWER SYSTEM: OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-17 The CONTRACTOR shall thoroughly clean storm structures and make the system available _ for lamping prior to any punchlist inspections. Once the system has been lamped, the CONTRACTOR shall protect the system from further contamination. If the CONTRACTOR's operations contaminate the system, the CONTRACTOR shall make the system available to the ENGINEER/OWNER for a second lamping after Substantial Completion. All lamping costs shall be included in the unit prices bid for storm sewer pipe. 23.1 When the Contractor considers the project to be substantially complete, and after all pipe sections have been successfully lamped and have passed preliminary infiltration/exfiltration testing and inspection, Contractor shall provide written notice to the ENGINEER and shall schedule video camera inspection of the storm sewer system. The results shall be stored on premium quality DVD at a speed that provides the highest quality and picture resolution. The videoing shall be performed in a logical manner showing information, in detail, by ascending structure number (e.g., 1,2,3,); showing a complete run of pipe from structure to structure; and the taped information provided shall include a visible and legible, on-screen display of time, date, distance, structure designation, pipe size and material composition, including clear and audible narrative descriptions of each scene and feature, by the operator. 23.2 Engineer shall have the final approval to accept or reject the taped information. Contractor shall immediately perform re-taping of rejected section(s), until acceptance by the Engineer. All costs associated with the video taping inspection shall be included in the line item prices for stormwater drainage facilities and components. All costs for any re-taping required and provided shall be at no additional cost to the Owner. 23.3 Video-taped section(s) showing evidence of damage and/or infiltration/exfiltration shall be cause for further inspection and repair. All repaired section(s) shall be re- taped at no additional cost to the Owner and such information provided to the Engineer. 23.4 Record Retention: Contractor shall maintain a record of video tapes for a period of three (3) years after completion and acceptance of the project. 24.0 PROJECT SIGN: Each CONTRACTOR shall furnish and erect a sign at his project site. One sign shall be required for each part of the CONTRACT. Each sign shall be made of three-quarter (3/4") inch plywood, substantially in accordance with the drawing in this Section below. Signs shall be placed at both ends of the project in a prominent location and maintained in good condition until completion of the project when signs shall then become the property of the OWNER. 24.1 Dimensions of Prolect Sign: Three-quarter (3/4") inch thick marine plywood, four (4') feet vertically by eight (8') feet horizontally, two (2) signs required three (3") radius on each corner. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-18 Sign Detail: CITY OF OKEECHOBEE OKEECHOBEE COMMERCE CENTER RETENTION AREAS AND LAKE AREA CONSTRUCTION FUNDING PROVIDED BY: CITY OF OKEECHOBEE Mayor - Dowling R. Watford, Jr Vice Mayor - Monica Clark Council Members - Noel Chandler, Bob Jarriel , David McAuley C Okeechobee Craig A. Smith & Associates City Administrator: Gary Ritter 1425 E. Newport Center Drive City of Okeechobee Deerfield Beach, Florida 33442 55 SE 3zd Ave Phone: 561-314-4445 Okeechobee, FL 34974 www.craigasmith.com www.cityofokeechobee.com OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-19 25.0 MAINTENANCE AND PROTECTION OF TRAFFIC: 25.1 Description of Work: A. Provide all items necessary to protect, warn and/or maintain vehicular and pedestrian traffic during the course of construction. B. Arrange for the services of a Traffic Engineer, registered as a Professional Engineer in the State of Florida, to prepare conceptual and detailed Traffic Control Plans (TCP) for approval by OWNER and ENGINEER prior to the start of construction activities. C. The Traffic Control Plan (TCP) and all traffic warning and control devices shall conform to the applicable provisions of the national "Manual On Uniform Traffic Control Devices" (MUTCD), the State of Florida Department of Transportation's Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Current Edition, and OWNER of Highland's "Minimum Standards Applicable to Public Rights-of-Way Under Highland County Jurisdiction". D. CONTRACTOR shall have, in his employ, an American Traffic Safety Services Association (ATSSA) or International Municipal Signal Association (IMSA) "Certified Worksite Traffic Supervisor" to be responsible for all TCP actions on the jobsite. E. The fee for Engineering Services for the preparation and any necessary revisions to the required TCP shall be included in Pay Item No. 102-1, Maintenance of Traffic. 25.2 Traffic Control Plan: A. The CONTRACTOR shall submit to OWNER and ENGINEER for review and approval, a conceptual Traffic Control Plan at the Pre-Work Conference, identifying the phases of construction that the CONTRACTOR plans to proceed with and identifying traffic flows during each phase. The ENGINEER will notify the CONTRACTOR of any comments within fifteen (15) calendar days of receipt of the conceptual plan. A Notice to Proceed will not be issued until an approved conceptual Traffic Control Plan is in place. When the conceptual Traffic Control Plan has been approved, the CONTRACTOR's Traffic Engineer shall prepare and submit for review to OWNER and ENGINEER a detailed Traffic Control Plan for each phase of work, indicating the proposed location of construction signs, channelizing devices, temporary pavement markings and symbols, lighting devices, barricades, barrier walls and all other required devices. The detailed plan shall be reviewed by both OWNER and ENGINEER with all comments forwarded to the CONTRACTOR within a fifteen (15) calendar day period. Upon the start of construction, the CONTRACTOR shall comply with all provisions of the detailed Traffic Control Plan. In the event of non-compliance by the CONTRACTOR, the ENGINEER will have the authority to order the CONTRACTOR to cease construction operations without compensation of time or money until the violation(s) have been corrected. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-20 B. The detailed Traffic Control Plan shall include provisions for pedestrian and/or school student traffic as well as vehicular (including bus) traffic. The following are minimum requirements: 1. A safe walk route for all school students within the vicinity of the construction zone shall be maintained during the times students are arriving at or leaving school. If the existing walking surface cannot be maintained, a temporary walk route four (4) feet in width shall be constructed of compacted limerock. The safe walk route shall be separated from construction activity by a highly visible construction fence for any part of the walk route, which lies within the "Construction Zone". 2. All construction equipment around any designated crosswalk shall cease to operate during the times students are arriving at or leaving school. All construction equipment adjacent to a designated walk route shall cease operating unless the walk route is protected by a suitable concrete barrier. 3. In the event that a designated crossing or any portion of the designated walk route cannot be maintained because of construction activities, the CONTRACTOR shall notify the School Safety Coordinator (or equivalent personnel) at Highland County, a minimum of ten (10) working days prior to closing that route in order that an alternate crossing/route can be established. 4. It shall be the responsibility of the CONTRACTOR to install any necessary pavement, road rock, pavement marking and signage and/or any pedestrian signalization and/or signal modification to accommodate an existing or alternate walk route. 5. It shall be the CONTRACTOR's responsibility to provide State Certified School Crossing Guards or off duty Sheriff Officers to cross students other than those previously designated. The CONTRACTOR may use flaggers, if they are State Certified as School Crossing Guards. 6. The CONTRACTOR shall be responsible for providing a safe and adequate walking surface for all school children/pedestrians. This safe walk route shall be part of the Traffic Control Plan. C. The Traffic Control Plan shall show and describe proposed location and time duration's of the following: 1. Public vehicular traffic routing. 2. Traffic blockage and lane closings anticipated due to construction operations. 3. Staging/storage areas and haulage routes. 4. Allowable on-street parking in vicinity of work site. 5. Access to buildings adjacent to work site. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-21 6. Driveways, which will be blocked by construction operations. 7. Temporary commercial and industrial loading and unloading zones. 8. Temporary traffic control and channelizing devices and markings. 9. Individual street closings with locations and time durations. 10. Detour facilities. D. General: 1. The CONTRACTOR shall be responsible for the proper maintenance, control and detour of traffic in the area of construction during the course of construction. All traffic control and maintenance procedures shall be in accordance with the Drawings and these Technical Provisions. It shall be the CONTRACTOR's responsibility as Bidder, prior to sub- mitting his bid, to determine the amount of work required so that his proposal reflects all costs to be incurred including clearing and grubbing, necessary fill and excavation, suitable rock base and pavement for temporary pavement, temporary signing and marking, and all other incidental items necessary to maintain traffic as outlined in this Manual. No claims for additional payment will be considered for costs incurred in the proper maintenance, control, detour and protection of traffic and no extensions in CONTRACT time will be granted due to this Maintenance of Traffic Item. 2. Access to adjoining properties shall not be blocked for a period to exceed two (2) hours. Property owners shall be notified twenty-four(24) hours prior to blocking access to their property. 3. The CONTRACTOR shall install Type III wooden barricades (with "Road Closed" signs), flashers and other warning/ protective devices as required by the "Manual On Uniform Traffic Control Devices". These safety/warning installations shall be approved by the ENGINEER prior to the CONTRACTOR'S beginning work. 4. The CONTRACTOR shall keep all law enforcement, fire protection and ambulance agencies informed, in advance, of his construction schedules and shall notify all such agencies forty-eight (48) hours in advance in the event of detour of any roadway. 5. All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the CONTRACTOR. 6. The CONTRACTOR shall provide the services of uniformed off duty police officers to supervise traffic control and maintain safety along the routes of the work particularly when working near intersections or at any other area where his operation causes traffic congestion such that police supervision is required to protect the public safety and the work. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-22 7. Excavated or other material stored adjacent to or partially upon a roadway pavement, shall be adequately marked for traffic and • pedestrian safety at all times. Necessary access to adjacent property shall be provided at all times, except as noted in paragraph (3) above. 8. In the event the CONTRACTOR shall detour or close off residential street traffic, he shall submit a plan (or field sketch) for approval depicting a method of providing one-way operation or run-around detour route to the respective traffic agency having jurisdiction, a minimum of five days prior to any street closing. 9. The CONTRACTOR shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at night time, of the installations on the project and replace all equipment and devices not conforming to the approved standards during that inspection. The ENGINEER shall be advised of the schedule of these inspections and be given the opportunity to participate in the inspection. 10. It shall be required that the CONTRACTOR shall protect and keep operational, all information, regulatory markings and street name signs in their proper location throughout the entire construction zone. This requirement will be for the entire period of construction. 11. Barricades and Protection of Work CONTRACTOR shall protect his work throughout its length by the erection of suitable barricades and handrails, where required. He shall further indicate this work at night by the maintenance of suitable lights or flares, especially along or across thoroughfares. Wherever it is necessary to cross a public walk, he shall provide a suitable safe walkway with hand railings. He shall also comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The CONTRACTOR shall carry out his work so as not to deny access to private property. All utility access manholes, valves, fire hydrants and letter boxes shall be kept accessible at all times. The placement of these barricades shall be in conformance with the "Manual on Uniform Traffic Control Devices". 25.3 Products: A. Traffic Control and Channelizing Devices 1. Provide devices complying with the standards referenced in paragraph 25.1, C., above. 25.4 Execution: A. Maintenance of Traffic: 1. The CONTRACTOR, at all times, shall conduct the work in such a manner as to ensure the least obstruction to traffic as is practical. The safety and convenience of the general public and of the residents OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-23 adjacent to the work shall be provided for in a satisfactory manner, as . determined by the ENGINEER. 2. Sidewalks, gutter, drains, fire hydrants and private drives shall, insofar as practical, be kept in good condition for their intended uses. Fire hydrants on or adjacent to the work shall be kept accessible to fire apparatus at all times, and no material or obstruction shall be placed within ten (10)feet of any such hydrant. 3. Construction materials temporarily stored within the road Right-of- Way shall be placed so as to cause as little obstruction to the general public as is reasonably possible. 4. Streets shall not be closed, except in accordance with the approved Traffic Control Plan and, whenever the street is not closed, the work shall be conducted with provisions for a safe passageway for traffic at all times. The CONTRACTOR shall make all necessary arrangements with the ENGINEER concerning maintenance of traffic and selection of required detours. 5. All existing stop signs and traffic signals shall be maintained by the CONTRACTOR for as long as deemed necessary by the ENGINEER. B. Diversion/Detouring of Traffic: 1. When permission has been granted to close an existing roadway, the CONTRACTOR shall furnish and erect signs, channelizing devices, lights, flags and other protective devices, which shall conform to the requirements of paragraph 25.1, C., above, and be subject to the approval of the ENGINEER. The CONTRACTOR shall furnish and maintain proper protective devices at such locations for the entire time of closure as the ENGINEER may direct. 2. The CONTRACTOR shall furnish a sufficient number of protective devices to protect and divert vehicular and pedestrian traffic from working areas closed to traffic, or to protect any new work. Failure to comply with this requirement shall result in the ENGINEER shutting down the work until the CONTRACTOR provides the necessary protection. 3. The CONTRACTOR may be required to reposition existing traffic signal heads in order to maintain traffic flows at diverted intersections. If this should be necessary, the CONTRACTOR shall submit a plan for approval showing the course of work and the planned repositioning. No separate payment for repositioning the existing traffic signal heads will be made. The cost of this work shall be included in the bid item for Maintenance of Traffic. 26.0 STORMWATER POLLUTION PREVENTION PLAN: The CONTRACTOR, within thirty (30) days of the Notice of Intent to Award, shall prepare and submit to the ENGINEER for review and approval, a Stormwater Pollution Prevention Plan (SWPP). OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-24 • 26.1 The SWPP shall define all measures to be taken by the CONTRACTOR to ensure compliance with the Nation Pollution Discharge Elimination System (NPDES) regulations. The required measures include, but are not limited to, placement of bailed hay or straw around all existing drainage structures, placement of filter fabric under catch basin grates, placement of silt fences, barriers and turbidity screens/barriers. 26.2 The SWPP can be prepared by an Engineer (recommended), Registered in the State of Florida and knowledgeable of the NPDES and Applicable OWNER Codes. The SWPP shall be signed and sealed by the Engineer, retained by the CONTRACTOR and contractor shall be responsible to ensure the proper performance and compliance with the SWPP and all applicable codes. 27.0 CLEARING AND GRUBBING: This item includes, but is not limited to, removal of all existing drainage structures and culverts as specified on the Plans or as directed by the ENGINEER, existing roadway pavement, sidewalks, curb and gutter. This item shall also include all costs for adjustment of adjacent properties' irrigation systems that encroach into proposed construction areas. Irrigation systems shall be adjusted to a state better than or equal to that of the existing systems. This adjustment work includes but is not limited to furnishing all labor, equipment, material, and incidentals necessary to complete the work. 28.0 REMOVAL OF EXISTING STRUCTURES: This item includes removal and disposal of existing structures necessary for the construction of the proposed work. 29.0 EMBANKMENT: The quantities for this item do not take into account soil shrinkage factors and compaction factors. This item includes all costs for compaction of soil to final grades. 30.0 REGULAR EXCAVATION (ROADWAY): All suitable excavated materials shall remain the property of the OWNER. After final job requirements for fill and backfill materials have been fulfilled the CONTRACTOR shall haul and place all excess material in a location designated by the OWNER, but within a five (5) mile radius of the construction site. Costs to be included in the CONTRACT and no additional payment will be made for transporting of excess material. If the OWNER does not wish to keep the surplus material, he shall issue a written order to the CONTRACTOR authorizing him to dispose of the material outside the right-of-way to the satisfaction of the ENGINEER and at no additional cost to the project. The maximum tolerance for swale excavation shall be one-tenth (0.1) of a foot. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-25 31.0 MEASUREMENT FOR PAYMENT - EARTHWORK QUANTITIES: ,The CONTRACTOR shall be responsible for obtaining field cross-sections (and other measurements as necessary) where excavation and/or embankment construction is indicated on the plans. Cross-sections shall be taken as follows: 31.1 Original ground prior to construction. 31.2 Upon completion of channel excavation, regular excavation and subsoil excavation activities. 31.3. Upon completion of embankment/earthwork activities. All field survey work shall be performed under the supervision of a Professional Land Surveyor licensed in the State of Florida. The cross-sections shall be plotted at a suitable scale, and payment quantities determined; these drawings and calculations shall be made available for review by the ENGINEER and shall be sealed by a Florida Licensed Professional Land Surveyor. 32.0 WATER QUALITY: The CONTRACTOR shall take all steps necessary to protect water quality in the connected waters around the project and shall utilize such additional measures as directed by the ENGINEER. Silt screens adjacent to the bridge sites or outfall construction shall not be removed until the turbidity of the affected waters is equal to or lower than the ambient turbidity of undisturbed segments of the canal. The CONTRACTOR shall ensure compliance with all local, state and federal regulations regarding construction activities within the canal(s) and shall take any and all necessary steps to ensure minimum water quality standards. These steps shall include but not be limited to the placement of floating turbidity barriers, silt fencing, cofferdams or other approved methods of protecting water quality. The cost of these measures is understood to be included in the bid price for items to which they would most logically be associated. 33.0 OWNERSHIP OF EXISTING MATERIALS: All materials removed or excavated from the job site shall remain the property of the OWNER until released by the ENGINEER, at such time it shall become the property of the CONTRACTOR, who shall dispose of it in a manner satisfactory to the ENGINEER in areas provided by the CONTRACTOR. 34.0 PROTECTION OF WILDLIFE: The CONTRACTOR shall take all precautions to ensure the protection of wildlife within the project limits. The aquatic life is defined as, but not limited to, all species of fish and aquatic vegetation that reside within the canal system. 35.0 PROTECTION OF THE WEST INDIAN OR FLORIDA MANATEE— FNOT APPLICABLE: The aquatic mammal known as the "Manatee" is a federally protected endangered species. The "Manatee" has been known to frequent the warm inland waters in and around the vicinity of this project. The CONTRACTOR shall take all necessary precautions to ensure the safety of "Manatees"that may enter the construction area. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-26 35.1 Manatees are not to be fed or harassed and work within the canal will be halted if a Manatee is sighted within fifty (50) yards of the work area. Work can resume only after the Manatee(s) have cleared the work zone. 35.2 The CONTRACTOR shall contact the Florida Game & Fish Commission, Bureau of Protected Species Management for the current rules and regulations regarding the treatment and protection of Manatees. The cost of any measures necessary for Manatee protection is understood to be included in various CONTRACT unit prices. 35.3 The CONTRACTOR shall not be entitled to any claim for damages or delay resulting from the presence of Manatees within the work zone. 36.0 DRAINAGE MATERIALS 36.1 High Density Polyethylene Pipe (HDPE) The CONTRACTOR shall use the type, size and diameter of pipe specified in the CONTRACT Documents. All drainage pipe shall be HDPE manufactured by Advanced Drainage Systems (ADS) or approved equivalent. 36.2 Coarse Aggregate: The Course Aggregate shall meet the gradation requirements as specified for No. 4 stone in Standard 901-6. 36.3 Select Fill: The select fill shall consist of well-graded limerock or limerock and sand fill. Sand, or fill having a high proportion of sand, shall not be accepted as select fill. All select fill shall be approved by the ENGINEER prior to placing. 36.4 Excavating Trench: The trench shall be excavated carefully to such depths as required to permit the pipe to be placed in accordance with the details shown on the plans. 36.5 Laying Pipe: All pipe shall be carefully laid in conformity with the lines and grades specified in the plans and in accordance with these Specifications. Unless otherwise specified in the plans, the pipe shall be set with a minimum cover of twenty-four (24") inches. 36.6 Ensuring Watertight System: After the pipe has been laid and prior to placement of backfill, the pipe sections shall be tested to ensure proper sealing and to demonstrate water tightness. A section of pipe for testing purposes is defined as the pipe placed between two structures and sealed into the respective structures. Each section shall be flooded with water and pressurized or maintained for the period of time required to demonstrate to the satisfaction of the ENGINEER. an effective watertight installation. Where the pipe is below the water table, water shall be pumped out for the test period. 36.7 Method of Measurement: OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-27 The quantity of drainage pipe to be paid for under this Section shall be the length in linear feet measured in place, completed and accepted. 36.8 Basis of Payment: The quantity determined as provided above shall be paid for at the CONTRACT Unit Price per linear foot for drainage pipe. Such price and payment shall be full compensation for all the work specified in this Section and shall include all materials and all excavation. Such price and payment shall also include all disposal of surplus material, pavement restoration, backfilling and tamping, but shall not include payment for items paid for elsewhere in the Specifications. 37.0 FLOATING SILT-BARRIER: The work specified under this item shall conform to Section 104 of FDOT's Standards. The design and location for use of the Silt Barrier shall meet the approval of the ENGINEER. 37.1 Individual barriers may be used at more than one location dependent on construction sequence. 38.0 MEASUREMENT FOR PAYMENT: The Land Surveyor for measurement for payment, shall be the Contractor's Surveyor, who will measure all "As-Built" quantities for payment. In the event of disputes as to quantity, the Owner's ENGINEER, CAS shall make the final determination; no additional compensation will be made for surveying services. This work shall be supervised by a Florida Licensed Registered Land Surveyor in the employment of CAS. 39.0 CONTRACTOR'S OFFICE: The CONTRACTOR shall provide and maintain an office near the project site with telephone facilities where he or a responsible representative of his organization may be reached at any time while work is in progress. 40.0 SODDING: Sodding for this project shall be St. Augustine or Floratam and/or shall reasonably match the existing or adjacent undisturbed sod or grassing present prior to commencement of the project. Proposed elevations, where indicated on the plans in areas to be sodded, refer to top of sod, after installation. 41.0 THIRD PARTY CAVEAT: Whenever the CONTRACT verbiage addresses a third party, i.e., a manufacturer, Subcontractor, or other similar or related entity, related to the work or agreement in some fashion, it is in fact to mean the CONTRACTOR through the third party. 41.1 Whenever the CONTRACT verbiage addresses a Subconsultant to the prime ENGINEER who is under contract with the OWNER, it is in fact to be construed as the prime ENGINEER through the Subconsultant. 42.0 SIGNS AND PAVEMENT MARKINGS: OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-28 42.1 HIGHWAY SIGNING: Highway signing shall conform to the applicable amended Technical Specifications Section 700 of the FDOT Standards and the following additional requirements. 42.2 HIGHWAY DELINEATOR: Highway delineators shall conform to the applicable amended Technical Specifications (Section 705) of the FDOT Standards. 42.3 RAISED REFLECTIVE PAVEMENT MARKERS: Raised reflective pavement markers shall conform to the applicable amended Technical Specifications (Section 706) of the FDOT Standards. 42.4 PAINTED TRAFFIC STRIPES: Painted traffic stripes shall conform to the applicable amended Technical Specifications (Section 710) of the FDOT Standards. 42.5 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS: A. Description: The work under this section consists of placing traffic stripes and markings in accordance with the details shown in the plans, using a thermoplastic compound meeting the requirements specified herein. B. The thermoplastic compound shall be extruded or sprayed onto the pavement surface in a molten state by mechanical means, with surface application of glass spheres, when required, and upon cooling to ambient pavement temperature shall produce an adherent pavement marking of specified thickness and width and capable of resisting deformation. C. The color of the compound shall be white, black or yellow, as specified in the plans. Where the compound is to be applied to cement concrete pavement, a sealing primer as specified in D., 2., shall be applied to the pavement in advance of the placing of the stripes. D. Materials: 1. Thermoplastic Compound: This material shall meet the requirements of AASHTO M 249-79 (1986) with these exceptions and additions: a. Either alkyd or hydrocarbon resin type may be used. When alkyd resin type is used, it shall be supplied in the block form only. b. Black thermoplastic shall not contain premixed beads and its color shall be a visual match of Federal Standard 595a, shade 37056. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-29 c. Alkyd binder shall consist of a mixture of synthetic resins, at . least one of which is solid at room temperature, and high boiling point plasticizers. At least one-third of the binder composition • shall be the solid maleic-modified glycerol ester of wood rosin and shall be no less than eight percent by weight of the entire material formulation. The binder shall not contain petroleum based hydrocarbon resins, tall oil resins, blends of tall oil resin and wood rosin or similar derivatives. 2. Seating Primer: The particular type and the proportions used shall be as recommended by the manufacturer of the thermoplastic compound. 3. Glass Spheres: The reflective glass spheres premixed in the compound shall be as specified in AASHTO M 249 as referenced in 42.5, D., 1., above. Spheres for surface application shall meet the requirements of AASHTO M 247, Type I, 80 percent rounds minimum. 4. Properties of Finished Striping and Marking Installations: a. The stripe shall not be slippery when wet. b. The compound shall not lift from the pavement in freezing weather. c. The compound shall not deteriorate by contact with sodium chloride, calcium chloride or oil drippings from traffic. d. After application and proper drying time the stripe shall show no appreciable deformation or discoloration under traffic and under road temperatures up to 140°F (60°C). e. The stripe or marking shall maintain its original dimensions and placement. The exposed surface shall be free from tack. Cold ductility of the material shall be such as to permit normal movement with the road surface without chipping or cracking. E. Equipment: The material shall be applied to the pavement utilizing either extrusion or spray application equipment. 1. The application equipment shall be so constructed as to provide continuous mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the shaping die or gun shall be so constructed as to prevent accumulation and clogging. All parts of the equipment, which come in contact with the material, shall be so constructed as to be easily accessible and exposable for cleaning and maintenance. The equipment shall be constructed so that all mixing and conveying parts up to and including the shaping die or gun, maintain the material at the plastic temperature with heat transfer oil or electrical element controlled heat. Direct fire heat transfer shall not be allowed. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-30 • 2. The application equipment shall be so constructed as to insure continuous uniformity in the dimensions of the stripe. The applicator shall provide a means for cleanly cutting off square stripe ends and shall provide a method of applying "skip" lines. The use of pans, aprons, or similar appliances, which the die overruns, shall not be permitted under this Specification. The equipment shall be so constructed as to provide for varying widths to produce varying widths of traffic markings. 3. Glass spheres applied to the surface of the completed stripe shall be applied by an automatic bead dispenser attached to the striping machine in such a manner that the beads are dispensed almost instantaneously upon the installed line. The glass sphere dispenser cut- off shall be synchronized with the automatic cut-off of the thermoplastic material. 4. Special kettle(s) shall be provided for melting and heating the thermoplastic material. The kettle(s) shall be equipped with automatic thermostatic control devices in order to provide uniform temperature control and prevent overheating of the material. The applicator and kettle(s) shall be so equipped and arranged as to satisfy the requirements of the National Fire Protection Association (NFPA), the State of Florida Office of the Fire Marshall, and local authorities. A. The minimum number and type of fire extinguishers, required for such operations, shall be on hand and in proper working order prior to the beginning of each installation of thermoplastic. 5. Applicators shall be mobile and maneuverable to the extent that straight lines can be followed and normal curves can be made in a true arc. 6. The applicator equipment to be used on roadway installations shall consist of either hand equipment or truck mounted units depending on the type of marking required. 7. The hand applicator equipment shall be insulated and shall have sufficient capacity to hold one hundred and fifty (150) pounds of molten material and shall be sufficiently maneuverable to install crosswalks, lane, edge, and center lines; arrows and legends. The truck mounted unit for lane, edge, and center line shall consist of a mobile self contained unit carrying its own material capable of operating at a minimum speed of five (5) miles per hour, while installing striping. F. Application: 1. General: Alignment, dimensions and correction of defective stripes shall be in accordance with FDOT Standards for roadway striping. a. Application time, weather limitations and surface preparation, shall be in accordance with FDOT Standards for roadway striping. b. The material, when formed into traffic stripes or other markings shall be readily renewable by placing an overlay of new material OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-31 directly over an old line of compatible material. Such new material shall bond itself to the old material in such a manner that no splitting or separation takes place. 2. Sealing Primer: Where required, the sealing primer shall be sprayed on the road surface in a continuous film prior to application of the compound. Spraying shall be done by use of conventional mobile spray equipment in accordance with the manufacturer's recommendations. 3. Application Temperature: This temperature shall be within the range specified by the manufacturer of the thermoplastic compound being used. 4. Thickness: All pavement edge lines, gore, island and diagonal strip markings, bike lane symbols and messages, wherever located, shall have a minimum thickness of 0.060 inch at the edges and a maximum thickness of 0.120 inch at the center. A minimum average film thickness of 0.060 inch shall be maintained. a. All lane lines, center lines, transverse markings (except shoulder markings) and pavement markings within traffic wearing area (such as dotted turning guide lines) shall have a minimum thickness of 0.090 inch at the edges and a maximum thickness of 0.188 inch at the center. A minimum average film thickness of 0.090 inch shall be maintained. b. The measurements of strip thickness shall be done by placing black tapes, films, or metal plates of known and uniform thickness in the area to be striped. Once the striper has passed over, the sample is removed by making sharp cuts with a knife and measurement of the stripe plus film are made with a micrometer or vernier calipers with a proper correction for the film base. For longitudinal lines, these thickness checks shall be made each one-third (1/3) mile or more frequently at the judgment of the Engineer. For symbols and intersection markings the frequency of checking shall be at the option of the Engineer. These thicknesses shall be considered as the average of two (2) or more measurements made in a three (3') foot distance. c. The glass sphere top coating shall be applied by a type of glass sphere dispenser or gun, which shall embed the spheres into the line surface to at least one-half their diameter. The glass sphere top coating shall not incur more than a ten (10%) percent loss during the first thirty (30) days of traffic exposure. d. Longitudinal lines shall be offset at least two (2") inches from construction joints of Portland Cement Concrete Pavements. 5. Application Over Existing Skip Traffic Stripe: When being applied over existing stripes, each stripe shall end with a clean cut-off free of tapers and drips. A longitudinal tolerance of plus or minus two (2) inches at the beginning and end of each stripe and a horizontal tolerance of plus OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-32 or minus one-half (1/2") inch will be allowed. Skip traffic stripes not applied in accordance with these requirements shall be corrected at the CONTRACTOR's expense. 6. Application of Spheres: Reflective glass spheres shall be applied immediately behind the striping mechanism, at the rate of one pound of spheres for each ten (10) square feet of compound. a. Reflective glass spheres shall be applied to all white and yellow stripes or markings. b. To all thermoplastic bike lane symbols and longitudinal lines adjacent to or in a proposed bike lane, a mixture consisting of 50 percent glass spheres and 50 percent sharp silica sand shall be thoroughly pre-mixed and applied at a rate of two (2) pounds for each ten (10) square feet of thermoplastic surface. c. The sharp silica sand shall meet the following gradation requirements: U.S. Sieve Number Percent Passing 20 100 50 0-10 G. Packaging: 1. The material shall be delivered in fifty (50) pound unit cardboard containers or fifty (50) pound bags of sufficient strength to permit normal handling during shipment and transportation on the job without loss of material. 2. Each unit container shall be clearly and adequately marked to indicate the color of the material, the process batch number or other similar manufacturer's identification, the manufacturer's name and address of the plant and the date of manufacture. 3. Alkyd type compound shall be supplied in block form only. H. Protection of Newly Applied Stripes and of Traffic: The provisions of FDOT Standards for roadway striping shall apply to the work under this Section. Acceptance of the Work The provisions for acceptance of the striping work, as set forth in FDOT Standards for roadway striping, shall apply to the work under this Section. J. Certification of Tests: The producer of the compound described in this Section shall furnish to the ENGINEER three copies of certified test reports showing results of all tests OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-33 specified herein, and shall certify that the material meets all requirements of this . Section. Acceptance, however, will be based on test results of samples _ obtained after delivery of the compound. K. Method of Measurement: The quantities to be paid under this Section shall be as follows: 1. The net length, in linear feet, of each of the various types of thermoplastic lines, stripes and bands authorized and acceptably applied. 2. The number of thermoplastic pavement messages and of directional arrows authorized and acceptably applied. 3. The total traversed distance in gross miles of skip line. The actual applied line is twenty-five (25%) percent of the traversed distance for a 1:3 ratio. This equates to 1,320 feet of marking per mile of single line. 4. The area, in square feet, of Remove Existing Markings (Thermoplastic), acceptably removed. 5. The length, in net miles, of Solid Traffic Stripe, authorized and acceptably applied. 6. The length, in gross miles, of Alternating Skip Traffic Stripe, authorized and acceptably applied. L. Basis of Payment: The contract price per linear foot or gross mile for each separate type of line or stripe, and the contract unit price each, for Pavement Messages and Directional Arrows, shall be full compensation for all work specified in this Section and shall include all cleaning and preparing of surfaces, furnishing of all materials, the application, curing and protection of all items, the protection from traffic, the furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. 1. Payment shall be made under: Roadway Striping 43.0 PLUG AND ABANDON EXISTING PIPE: The work specified in this section shall consist of filling and plugging existing storm water pipes, water mains and force mains at the locations and in accordance with the details shown in the plans. Filling shall be done with grout and plugging shall be in accordance with FDOT Standard Index No. 280. 43.1 Grout used in filling the pipes shall be composed of one part Portland cement and twelve parts of clean sharp sand. 43.2 The quantity to be paid for under this section shall be in linear feet completed and accepted. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-34 43.3 The quantity of Filling and Plugging Pipe, determined as provided above, shall be paid for as a part of Clearing & Grubbing. Such price and payment shall be full compensation for all work and materials required to complete the work. 44.0 RECORDS: 44.1. The CONTRACTOR shall maintain at the job site, open to inspection by OWNER at any time during regular working hours, orderly files for correspondence, reports of job conferences, Shop Drawings and sample submissions, reproductions of original CONTRACT Documents including all addenda, change orders, field orders, additional Shop Drawings issued subsequent to the execution of the CONTRACT, progress reports and other project-related documents. 44.2. The CONTRACTOR shall keep a diary or log book, open to inspection by OWNER at any time during regular working hours, which record hours on the job site, weather conditions two times a day and any other time that a weather condition may affect the work, data relative to questions of extras or deductions, list of principal visitors, daily activities including, but not limited to, CONTRACTOR's manpower (including classification and number of personnel in each) and equipment (including number and type), decisions, observations in general and specific terms as to the daily progress of construction, and detailed observations as they relate to test procedures. A copy of any and all of the foregoing shall be provided to OWNER at its request. 44.3. The CONTRACTOR shall record names, addresses and telephone numbers of all CONTRACTOR's and major suppliers of equipment and materials, which information shall be provided to OWNER at its request. 45.0 RECLAIMED ASPHALTIC CONCRETE MATERIAL: Reclaimed asphaltic concrete material shall not be used for the manufacture of asphaltic concrete paving materials to be used in the top two (2") inches of the roadway construction but may be used for other applications as specified herein. 46.0 EXISTING SPRINKLER SYSTEMS: The CONTRACTOR shall use caution to avoid sprinkler systems. The CONTRACTOR at no additional cost to the OWNER shall replace sprinklers, damaged by the CONTRACTOR. Private sprinkler systems, which exist within the construction limits and can be utilized for irrigation after construction, (i.e. swales) shall be protected by the CONTRACTOR. Private sprinkler systems, which exist within the construction limits and cannot be utilized for irrigation after construction shall be disconnected at right-of-way and a new piping system shall be installed to reconnect the system. Dead-end lines shall be plugged at the right-of-way line. The cost of modifying existing sprinkler systems shall be included in the price bid for clearing and grubbing. 47.0 ASBESTOS-CEMENT PIPE REMOVAL: The CONTRACTOR shall comply with all Federal and State laws in the removal of all asbestos-cement pipe. The CONTRACTOR shall use caution while removing any asbestos- cement pipe. Pipe shall be disconnected at joints and removed and disposed of without breaking. If the existing pipe is friable or requires cutting, the CONTRACTOR shall remove and dispose of the pipe in accordance with EPA regulations. OCC Special Conditions and Supplementary Conditions CAS Project No. 22-2252 00800-35 _____........41 BANDBSI-01 TSPEARMAN '4�C. CERTIFICATE OF LIABILITY INSURANCE DATE /2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT _NAME:_ Fairchild,Addison,&McKone Insurance PHONE FAX PO Box 1030 (A/c.No,Ext):(813) 681-0893 (A/c,No(813)685-8610 Brandon,FL 33509 E-MAIL COI@famins.com ADDRESS: __ INSURERO AFFORDING COVERAGE_ _ _ _ NAIC# INSURER A:SOUthern-OWnerS 10190 INSURED INSURER B:Auto-Owners 18988 B&B Site Development,Inc. [INSURER C: Philip Baughman — 1505-C South Parrott Ave INSURER D: Okeechobee,FL 34974 INSURER E I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADDL'SUBRI -1 POUCY EFF POLICY EXP LTR I TYPE OF INSURANCE I INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) UMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 I CLAIMS-MADE ! X OCCUR X 20033922 10/30/2022 10/30/2023 pREM1$ES(EaEossu¢rice) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JECT LOC 4,000,000 PRODUCTS-COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY Lf O aB N Dt�INGLE LIMIT $ 1,000,000 ANY AUTO 5003392200 10/30/2022 10/30/2023 1 BODILY INJURY(Per person) $ OWNED X I SCHEDULED I AUTOSIEEpp ONLY AUTOS �p BODILY INJURY(Per accident) $ X AURTOS ONLY X I AUOTN S ONLY (Per PROPERTY tDAMAGE $ !PIP $ 10,000 A X UMBRELLA LIAB 1 X OCCUR EACH OCCURRENCE $ 5,000,000 I EXCESS LIAB I CLAIMS-MADE, '5003392201 10/30/2022 10/30/2023 'AGGREGATE S DED X RETENTIONS 10,000 I$ 5,000,000 WORKERS COMPENSATION I PER I OTH- AND EMPLOYERS'LIABILITY YIN S_TAT-U ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 'S OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT ,$ A Commercial Property 20033922 10/30/2022 10/30/2023 per schedule A Equipment Floater 20033922 10/30/2022 10/30/2023 Per Schedule DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Site Work The City of Okeechobee and the Florida Department of Environmental Protection are additional Insureds with respect to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Okeechobee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 55 S.E.3rd Ave. Okeechobee,FL 34974 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. AC"OROJ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYYY) 12/22/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Nexus Partners Insurance NAME: Cory Strahler 5745 North Scottsdale Road, Suite B120 EMANo.Extt: 904-739-2722 (A/C,No) IL ADDRESS: pa@matrixonesource.com _ Scottsdale, AZ 85250 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A: StarStone National Insurance Company 25496 INSURED INSURER B Ally H R, LLC INSURER C VC/F B & B Site Development, Inc. 12735 Gran Bay Parkway West Ste 202 INSURER D: Jacksonville FL 32258 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 72029120 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYVY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) 5 • MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG S OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS ONLY AUTOS ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS 5 A WORKERS COMPENSATION T80230001-843 1/1/2023 1/1/2024 �/ PER O STATUTE ERH AND EMPLOYERS'LIABILITY Y/N T80220001-843 1/1/2022 1/1/2023 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of: B&B Site Development,Inc.1/1/2021 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Okeechobee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Email: pburnette@cityofokeechobee.com ACCORDANCE WITH THE POLICY PROVISIONS. 55 SE 3rd Avenue Okeechobee FL 34974 AUTHORIZED REPRESENTATIVE g‘1 u Jodie R.Kramer Cole ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 72029120 1 Matrix 12215099 : Master Certificate 1 Colleen DeWitt 112/22/2022 5,55,14 PM (EST) 1 Page 1 of 1 REGISTERED SEPTIC TANK CONTRACTOR IPHILIP J. BAUGHMAN 1505 C. SOUTH PARROTT AVENUE OKEECHOBEE, FL 34974 B &B SITE DEVELOPMENT, INC_ Business Authorization: SA0900469 SR0890442 Registration Expires on September 30. 2024 4 CONSTRUC-:::,-. INDUSTRY LICENSING BOARD 1):-License Number: OCSLI)679 This CERT IC ATE OF COMPETENCY c:Ttifies that B & Li SITE DEVELOPMENT, INC. Fhillip J. Baughman_ Qualifier has comi.;:.ed with requirements of this Board as a Dernoliti,,n Contractor Expire,: (19:341.2024 Building BAUGHMAN, PHILIPCITY OF OKEECHOBEE (863)763-6053 BUSINESS TAX RECEIPT No. 62 55 SE 3rd Avenue, Okeechobee, FL 34974 Date: 9/14/23 October 1, 2023 - September 30, 2024 STATE LICENSE REQUIRED FOR RENEWAL 78.75 Address: 1505 S PARROTT AVENUE OKEECHOBEE, FL 34974 OKEE Activity: SEPTIC TANK & DEMOLITION CONTRAC �F. . CA, U iiii m Total Paid 78.75 Issued to: B & B SITE DEVELOPMENT, INC. BAUGHMAN, PHILIP 1505 SOUTH PARROTT AVENUE 'cCOR}OP i�'i� � OKEECHOBEE, FL 34974 A Finance Director • , • STATE OF FLORIDA OKEECHOBEE COUNTY • BUSINESS LICENSE PENALTY ADDED: OCT 1st, 10%; NOV 1st, 15%; DEC 1st, 20%; JAN 1st 25% THIS LICENSE IS FURNISHED IN PURSUANCE OF CHAPTER 205, FLORIDA STATUTES AND COUNTY ORDINANCE NO.79-2 B & B SITE DEVELOPMENT INC 1505 S PARROTT AVE OKEECHOBEE FL 34974 PRIOR COUNTY S93 . 75 PENALTY BUSINESS # 12152 AMOUNT DUE $93 . 75 LICENSE # 01168 DATE PAID 9/14/2023 CELESTE WATFORD, TAX COLLECTOR OKEECHOBEE COUNTY 409 NW 2ND AVE SUITE A OKEECHOBEE, FL 34972 2023 2024 PUBLIC SERVICE SITE PREP THIS LICENSE IS VALID ONLY IF NO OTHER LAW OR ORDINANCE IS VIOLATED. ESPECIALLY ZONING ORIGINAL CUSTOMER COPY K 1 1 ~• fir '.. r‘ .,.. - �. �' '1' Afl Ir r.A �,. 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Tjl .` fr� rj . - -_,- �..� - H /I'A i r. ,r •� I NI r r ' � �•, .,F X r .f-, }'_ ,� . �. �,,,i, .0." �I L;:y �{r 1, ,};`e _,Ai,. v STATE OF FLORIDA OKEECHOBEE COUNTY BUSINESS LICENSE PENALTY ADDED: OCT 1st, 10%; NOV 1st, 15%; DEC 1st, 20%; JAN 1st 25% THIS LICENSE IS FURNISHED IN PURSUANCE OF CHAPTER 205,FLORIDA STATUTES AND COUNTY ORDINANCE NO.79-2 B & B SITE DEVELOPMENT INC 1505 S PARROTT AVE OKEECHOBEE FL 34974 PRIOR COUNTY $54 . 00 PENALTY BUSINESS # 01215 AMOUNT DUE $54 . 00 LICENSE # 01166 DATE PAID 9/14/2023 CELESTE WATFORD, TAX COLLECTOR OKEECHOBEE COUNTY 409 NW 2ND AVE SUITE A OKEECHOBEE, FL 34972 2023 2024 CONTRACTOR SEPTIC TANK 2 THIS LICENSE IS VALID ONLY IF NO OTHER LAW OR ORDINANCE IS VIOLATED. ESPECIALLY ZONING ORIGINAL CUSTOMER COPY • STATE OF FLORIDA • OKEECHOBEE COUNTY BUSINESS LICENSE PENALTY ADDED: OCT 1st, 10%; NOV 1st, 15%; DEC 1st, 20%; JAN 1St 25% THIS LICENSE IS FURNISHED IN PURSUANCE OF CHAPTER 205,FLORIDA STATUTES AND COUNTY ORDINANCE NO.79-2 B & B SITE DEVELOPMENT INC 1505 S PARROTT AVE OKEECHOBEE FL 34974 PRIOR COUNTY $54 . 00 PENALTY BUSINESS # 12151 AMOUNT DUE $54 . 00 LICENSE # 01167 DATE PAID 9/14/2023 CELESTE WATFORD, TAX COLLECTOR OKEECHOBEE COUNTY 409 NW 2ND AVE SUITE A OKEECHOBEE, FL 34972 2023 202-; CONTRACTOR DEMOLITION THIS LICENSE IS VALID ONLY IF NO OTHER LAW OR ORDINANCE IS VIOLATED. ESPECIALLY ZONING ORIGINAL CUSTOMER COPY