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HomeMy Public PortalAboutFleischman's Inc- Lowe's Area Trunk SewerCITY OF CRESTVIEW DEPARTMENT OF PUBLIC SERVICES "CONTRACT DOCUMENTS" PROJECT MANUAL for LOWE'S AREA TRUNK SEWER LINE Bid No. 14-1016 Brona D. Steele Director of Public Services Fred B. Cook, P.E. City Engineer . i' It 4 SECTION 00500 AGREEMENT ,qe.c // - / 8- / THIS AGREEMENT made and entered into this , day o2014, by and between the CITY OF CRESTVIEW, FLORIDA, a municipality organized and existing under the laws of the State of Florida, hereinafter called the OWNER, and FLEISCHMAN'S, INC., hereinafter called CONTRACTOR; WITNESSETH: OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I - SCOPE OF WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The Work is generally described as follows: LOWE'S AREA TRUNK SEWER LINE BID #14-1016 All work for the Project shall be constructed in accordance with the Drawings and Specifications prepared by Jenkins Engineering, Inc., and the proposed improvements will be awarded and constructed, if award is made, under one Contract. Bids shall be submitted for furnishing, delivering, and installing all materials, equipment and services, including labor, for the Work described. The project generally includes furnishing all labor, materials, equipment, restoration and incidentals for the construction of approximately 5,900 linear feet of 15" gravity sewer pipeline, from the east side of State Road 85 in Crestview at Hospital Drive, to the west side of State Road 85 and west/south along existing roadways to just north of the Lowe's Home Improvements Store and then south to an existing City lift station. ARTICLE II - ENGINEER The Engineer, Fred B. Cook, P.E. (City Engineer), whose address is 715 North Ferdon Blvd., Crestview, Florida 32536, hereinafter referred to as ENGINEER, will assume all duties and responsibilities and will have the rights and authority assigned to the Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE III - CONTRACT TIME 3.1 The Work will be substantially completed within 120 calendar days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 150 calendar days after the date when the Contract Time commences to run. Lowe's Area Trunk Sewer 00500-1 11/12/14 i 3.2 Damages for Delay. OWNER and CONTRACTOR recognize that TIME IS OF THE ESSENCE in this Agreement and that the OWNER will suffer financial loss if the Work is not completed within the time specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 3.2.1 Uniqueness of the Work. The OWNER and the CONTRACTOR expressly acknowledge the unique characteristics of the Work, which cause time to be of the essence in this contract. 3.2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that TIME IS OF THE ESSENCE in this Agreement and that Owner will suffer financial loss if the work is not substantially complete in the time specified in Paragraph 3.1 above. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,000.00 (One Thousand Dollars) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially complete, and that the liquidated damages set forth herein bear a reasonable relationship to the estimated actual damages that the OWNER would suffer. ARTICLE IV - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices as presented in the Bid Form, which is incorporated herein and made a part hereof by this reference. 4.2 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents an amount in correct funds equal to the amount below: Bid Total: Five Hundred Eleven Thousand, Eight Hundred Seventy Nine Dollars and Thirty Cents (use words) Bid Total: $511,879.30 (use figures) 4.3 The parties expressly agree that the Contract Price is a stipulated sum, except with regard to those items in the Bid which are subject to unit prices. ARTICLE V - PAYMENT PROCEDURES 5.1 CONTRACTOR shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.2 OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S monthly Applications for Payment, as approved by the ENGINEER, which shall be submitted by the CONTRACTOR on or before the 10th day after the end of each calendar month for which payment is requested. 5.3 Progress payments prior to Substantial Completion will be made in the following manner: Lowe's Area Trunk Sewer 00500-2 11/12/14 a 5.3.1 Prior to Substantial Completion and prior to fifty percent (50%) of the Work being completed, progress payments shall be ninety percent (90%) of the value of Work complete and ninety percent (90%) of the value of materials and equipment not incorporated into the Work, but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.3.2 After fifty percent (50%) of the Work has been completed as determined by the ENGINEER, and if the character and progress has been satisfactory to the OWNER and ENGINEER, OWNER, on the recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of subsequent Work and materials and equipment not incorporated into the Work, but delivered and suitably stored, which results in the Owner withholding a retainage equal to five percent (5%) of the Contract Price until Substantial Completion. However, OWNER shall reserve the right to reinstate withholding a retainage of ten percent (10%) if OWNER, on the recommendation of ENGINEER, determines that the progress or character of the Work is not satisfactory. 5.3.3 Upon Substantial Completion of the Work, OWNER shall pay an amount sufficient to increase total payments to the CONTRACTOR to ninety-five percent (95%) of the Contract Price, less such amounts as ENGINEER shall determine in accordance with Article 14 of the General Conditions." 5.4 Final Payment. Upon final completion of the Work in accordance with the Contract Documents, OWNER shall pay CONTRACTOR an amount sufficient to increase total payments to ninety-eight percent (98%) of the Contract Price. However, not less than two percent (2%) of the Contract Price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals are delivered to and accepted by the ENGINEER. ARTICLE VI - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has visited the work site and has become familiar with the nature and extent of the Contract Documents, Work, locality, and all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by the ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the General and Supplementary Conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in Paragraph 6.2 above as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by CONTRACTOR for such purposes. Lowe's Area Trunk Sewer 00500-3 11/12/14 c 3 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to the CONTRACTOR. ARTICLE VII - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between the OWNER and CONTRACTOR are attached to this Agreement, are made a part hereof and consist of the following: 7.1 This Agreement (Section 00500) (pages 1 to 6, inclusive). 7.2 Exhibits to this Agreement, as applicable. 7.3 Performance Bond, Payment Bond and Certificates of Insurance. 7.4 Notice of Award and Notice to Proceed. 7.5 General Conditions (Section 00700) as amended by the Supplementary Conditions. 7.6 Supplementary Conditions (Section 00800). 7.7 Florida Department of Environmental Protection (DEP) General Permit for Wastewater Collection System. 7.8 Florida Department of Transportation (DOT) Utility Permit. 7.9 Florida Department of Environmental Protection (DEP) General Permit for Wetland Crossing (ERP). 7.10 Construction Specifications bearing the general title: "CITY OF CRESTVIEW, LOWE'S AREA TRUNK SEWER PROJECT" and consisting of Divisions 1 through 9 as listed in the table of contents. 7.11 Construction Plans bearing the following general title: "CITY OF CRESTVIEW, LOWE'S AREA TRUNK SEWER", and consisting of the sheets as listed in the Drawings Index. 7.12 Utility Easements Obtained by the City (6 Easements). 7.13 Addenda Numbers 1 through 3, inclusive. 7.14 Bid Form (Section 00300) (Pages 1 to 13, inclusive). 7.15 All applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement. 7.16 Advertisement for Bids, Instructions to Bidders, Bid Bond, Noncollusion Affidavit, General Requirements, Field Orders and State of Florida Contract Provisions. Lowe's Area Trunk Sewer 00500-4 11/12/14 r There are no Contract Documents other than those listed above in this Article VII. The Contract Documents may only be altered, amended, or repealed in accordance with Article 3 of the General Conditions as modified in the Supplementary Conditions. ARTICLE VIII - MISCELLANEOUS 8.1 No assignment by the parties hereto of any rights under, or interest in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent of an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.2 OWNER and CONTRACTOR each binds the CONTRACTOR and all partners, successors, assigns and legal representatives to the other party hereto, and all partners, successors, assigns or legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, shall have the meanings indicated in the General Conditions, as modified in the Supplementary Conditions. ARTICLE IX - GOVERNING LAW The provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida, and all duly adopted ordinances, regulations, and policies of the City of Crestview now in effect and those hereinafter adopted. The parties to this Agreement agree to comply with all applicable federal, state, and local laws, ordinances, rules, and regulations pertaining to the subject of this Agreement. Lowe's Area Trunk Sewer 00500-5 11/12/14 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One (1) counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on aeora w I , 2014. OWNER: CITY OF CRESTVIEW, FLORIDA By: CITY CLERK P-6-04 C,Ltorz. APPROVED AS TO FORM AND CORRECTNESS: CONTRACTOR: (CORPORATE SEAL) ATTES /26 SECRETARY By: CITY ATTORNEY ICHA _Q D. •LEISCHMAN Title: ,, fit ''' KAREN L. SPARKS•BLANKINSHIP :.: Commission is FF 107101 Expires May 22, 2018 fl; ' , Bondad TMu Troy Fain knows 400-3E5.7019 END OF SECTION Lowe's Area Trunk Sewer 00500-6 11/12/14 Bond No.LSM0607822 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Fleischman's, Inc. 1519 E. Ponderosa Rd. Ft. Walton Beach, FL 32547 OWNER (Name and Address): City of Crestview 198 N. Wilson Street Crestview, FL 32536 CONTRACT Date: November, 25th, 2014 Amount: $ 511, 8 7 9.3 0 Description (Name and Location):Lowe' s Area Trunk Crestview, FL SURETY (Name and Address of Principal Place of Business): Contractors Bonding and Insurance Company P. O. Box 3967 Peoria, IL 61612-3967 Sewer Line BOND Date (Not earlier than Contract Date): November , 25 th, 2014 Amount: $ 511, 8 7 9.3 0 Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Fleischma ' Signature:` Name an Title: Michael D. Fleischman President (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: SURETY Compan : T (CoOttliAt / • Duane O. Gilmox$t �9 '19 .•o���` •• wA.Hote %IIIIIIIA\��� (Corp. Seal) Signature: Name and Title: EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610-1 i r r Band No. LSM0607822 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and 3.3. The OWNER has agreed to pay the Balance of the Contract Price to: 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR'S Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of the CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract. 12.2. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. OWNER Default Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. 00610-2 0A it and Cynthia S. Dohm as Vice President cm an ALI Company Contractors Bonding and I ce Company P.O. Box 3967 Peoria IL 61o12-3967 Phone:(309)692-1000 Fax:(309)683-1610 Know All Men by These Presents: POWER (. ATTORNEY Contractors Bonding and Insurance Company Bond No. LSM0607822 That the Contractors Bonding and Insurance Company , a corporation organized and existing under the laws of the State of Washington , and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Duane Obie Gilmore in the City of Mary Esther , State of Florida , as Attorney In Fact , with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( 810,000,000.00 ) for any single obligation, and specifically for the following described bond. Principal: Obligee: Bond Amount: Fleischman's Inc. City of Crestview $ 511,879.30 The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company , and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 25th day of November 2014 . ATTEST: Cynthia S. I't ,Qor •�,PORq• a99y�, Contractors Bonding and Insurance Company e. �• '• . SEAL : a p • 2 Assistant Secretary ' ° • . 1979.G.� Roy C. Di Vice President On this 25th day of November , 2014 before me, a Notary Public, personally a ppeared Roy C. Die , who being by me duly sworn, acknowledged that they signed the above Power of Attorney and Assistant Secretary , respectively, of the said Contractors Bonding and Insurance Company , and acknowledged said instrument to be the voluntary act and deed of said corporation. -i - Bri . chick Notary Public Notary Public State of Washington BRIAN A. SCHICK MY COMMISSION EXPIRES February 9, 2016 A0006104_BID _2 1 Bond No. LSM0607822 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Fleischman's, Inc. 1519 E. Ponderosa Rd. Ft. Walton Beach, FL 32547 OWNER (Name and Address): City of Crestview 198 N. Wilson Street Crestview, FL 32536 CONTRACT Date:November, 25th, 2014 Amount: $ 511, 8 7 9.3 0 Description (Name and Location): Lowes SURETY (Name and Address of Principal Place of Business): Contractors Bonding and Insurance Company P. O. Box 3967 Peoria, IL 61612-3967 Area Trunk Sewer Line Crestview, FL BOND Date (Not earlier than Contract Date): November, 25th, 2014 Amount: $ 511, 8 7 9.3 0 Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Fleischman' Signature:, Name an (Corp. Seal) chael D. Fleischman President SURETY Ca tea : Contrac Sig (Slioce rc-Provided bslov for signatures of additional parties, if required.) f, CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: Title: i ' 0. (Attach Power of Attorney) SURETY Company: Insur (Corp. Seal) mpany Gilmc ��.a' &o�z��y —Fa( o o U --0— o y. SEAL 41 0.. 1979 //(C77solrp�l� O\ Signature: Name and Title: EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00620-1 t t Bond LSM0607822 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the CONTRACTOR: E Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds eamed by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes pthereto. 15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY --Name, Address and Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): 00620-2 id*an NL/ Cemyany Contractors Bonding and I ice Company P.O. Box 3967 Peoria IL 61012-3967 Phone:(309)692-1000 Fax:(309)683-1610 Know All Men by These Presents: POWER ( ATTORNEY Contractors Bonding and Insurance Company Bond No. LSM0607822 That the Contractors Bonding and Insurance Company , a corporation organized and existing under the laws of the State of Washington , and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Duane Obie Gilmore in the City of Mary Esther , State of Florida , as Attorney In Fact , with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( S 10,000,000.00 ) for any single obligation, and specifically for the following described bond. Principal: Obligee: Bond Amount: Fleischman's Inc. City of Crestview $ 511,879.30 The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company , and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 25th day of November 2014 . ATTEST: -�• 1979 ` 1 Cynthia S. I hm Assistant Secretary •• . •, •.•' Roy C. Di� Vice President -�'wASH INGSGas„,s``` On this 25th day of November , 2014 before me, a Notary Public, personalty feared Roy C. Die and Cynthia S. Dohm , who being by me duly sworn, acknowledged that they signed the above Power of Attorney a�..G ANO .NSG .i °y :0 poR • 11? -; Contractors Bonding and Insurance Company p?• a . pP 4� •,o� ,. F =•• '°_ z:• SEAL as Vice President and Contractors Bonding and Insurance Company , and acknowledged said instrument to be the voluntary act and deed of said corporation. Notary Public Assistant Secretary , respectively, of the said Notary Public i 1 State or Washington I 1 BRIAN A. SCHICK I 1 MY COMMISSION EXPIRES I t February 9, 2016 I �u A0006104_SUBS_BID r. A� CERTIFICATE OF LIABILITY INSURANCE DATE D/YYIY) 11/17/17/14 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 pdicypes) must 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 Insurance & Bonding, Inc. P.O. Bo)( 249 Mary Esther, FL 32569 Phone (850) 244-3387 Fax (850) 244-2610 CONTACT NAME: PHOGilmore tmrc. No. Ext): (850) 244-3387 (aIC, Nog (850) 244-2610 E-MAIL ADDRESS: in msurancefast.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER : Auto -Owners Ins. Co. 18988 INSURED Fleischmans, Inc 1519 E Ponderosa Road Fort Walton Beach, FL 32547 INSURER B INSURER C: INSURER D : INSURER 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. ILTR TYPE OF INSURANCE INSR�WVB� POLICY NUMBER (MM/OD�Y) (MWOONYVY) LIMITS A GENERAL LIABILITY Y N 78162389-14 08/28/2014 08/282015 EACH OCCURRENCE $ 1,000,000.00 N'''IA COMMERCIAL GENERAL LBILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000.00 . CLAIMS -MADE 0 OCCUR • MED EXP (Any one person $ 10,000.00 PERSONAL & ADV NNJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPL IES PER: ►:i POLICY • JECOT LOC PRODUCTS - COMP/OP AGG $ 2,000,000.00 $ A AUTOMOBILE LIABILITY Y N 4693544100 08/282014 0828/2015 COMBINED an(}INGLELIMIT $ 1,000,000.00 ANY AUTO ALL OWNED SCHEDULED v AUTOS *i AUTOS NON -OWNED 0 HIRED AUTOS AUTOS • 1111 BODILY INJURY (Per person) $ t BODILY dJURY (Per accident; $ PROPERTY DAMAGE (Per accident) $ $ A `/ UMBRELLA LIAB . OCCUR 11 EXCESS LIAB Ill CLAIMS -MADE Y N 4716238900 08282014 08282015 EACH OCCURRENCE $ 2,000,000.00 AGGREGATE $ 2,000,000,00 ❑ DED ❑ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N /A ❑ WC S LIMITS • ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? n (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: LOWE'SAREA TRUNK SEWER LINE City of Crestview is included as additional insured with respects to the General Liability with primary and non-contributory with 30 days written notice of cancellation. CERTIFICATE HOLDER CANCELLATION City of Crestview 198 North Wilson Street Crestview, FL 32536 [Fax 850-689-4575 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 {2010/05) QF ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY 55205 (12-04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization (Additional Insured): CITY OF CRESTVIEW (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under SECTION. II - WHO IS AN INSURED, the fol- lowing is added: The person or organization shown in the above C. Schedule is an Additional Insured, but only with re- spect to liability arising out of "your work" for that insured by or for you. B. Under SECTION III - LIMITS OF INSURANCE, the following is added: The limits of liability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor, not to exceed the limits provided in this policy. These limits are inclusive of and not in ad- dition to the limits of insurance shown in the Decla- rations. Under SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS, 4. Other Insurance, the fol- lowing is added: This insurance is primary for the person or organ- ization shown in the Schedule, but only with respect to liability arising out of "your work" for that person or organization by or for you. Other insurance available to the person or organization shown in the Schedule will apply as excess insurance and not contribute as primary insurance to the insurance provided by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services office, Inc., 1984, 2003. Page 1 of 1 SUBMIT l`ED: SECTION 00300 BID FORM Iv- Date PROJECT IDENTIFICATION: CITY OF CRESTVIEW LOWE'S AREA TRUNK SEWER LINE NAME OF BIDDER: I le 1 S < h m G,--N �5 , —a— nc • BUSINESS ADDRESS: l S ) C1 C ?Ge Y'c 56-- Fzi F4- 37)-52)7 Phone No.: 3v - 3 `i 7 Fax No.: gam- �C., E-Mail Address: M)��y,v�u�-� CONTRACTOR'S FLORIDA LICENSE NO.: � -7 THIS BID IS SUBMITTED TO: City of Crestview, Florida (hereinafter called Owner) acting through its City Council. 1. The undersigned Bidder offers and agrees to enter into an Agreement with Owner in the form included in the Bidding Documents, to complete all work for the Contract Price and within the Contract Time, all in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Bidding Documents, including without limitation those dealing with the Owner's time for accepting for Bid and the disposition of Bid Bond. 3. In submitting this Bid, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda: No. �_ Dated 10-) S-) , No. Dated No. Dated to :-s-); No. Dated No. Dated )(-)-, LHc1; No. Dated No. Dated No. Dated (Receipt of all which is hereby acknowledged) and also copies of the Advertisement for Bids and the Instructions to Bidders. (b) Bidder has examined the site and locality where the Work is to be performed and the legal requirements (Federal, State and local laws, ordinances, rules and regulations) and conditions affecting cost, degree of difficulty, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. (c) This Bid is genuine and not made in the interest or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder Lowe's Area Trunk Sewer Line 00300-1 9/16/14 r has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. (d) Bidder hereby agrees if this Bid is accepted, to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete all work of the Project within the Contract Time stipulated in the Agreement (Section 00500). Bidder further agrees to pay as liquidated damages the amount stated in the Agreement for each consecutive calendar day completion of the work is delayed. 4. Bidder submits the following unit prices to perform all the Work as required by the Drawings and Specifications for the City of Crestview. The Project may be awarded based on either the Total Base Bid or the Total Alternate #1 Bid. Under the Base Bid award, all materials and labor shall be provided by the Contractor. Under the Alternate #1 Bid award, all PVC pipe materials shall be provided by the City and all other materials and all labor and equipment shall be provided by the Contractor. The final installed quantities may exceed the estimated quantities shown in the Bid Schedules below. Payment will be based on installed quantities. 5. All Bid Items in the Base Bid shall include all materials, equipment, labor, permit fees, taxes, tests, miscellaneous costs of all types, overhead, and profit for the item to be complete, in place, and ready for operation in the manner contemplated by the Contract Documents. All Bid Items in the Alternate #1 Bid shall include the same, except for PVC pipe materials — which will be ordered, paid for, and delivered to the Project site by the City of Crestview. Under the Alternate #1 Bid contract, the Contractor will still be responsible for the entire work to be complete, in place, and ready for operation in the manner contemplated by the Contract Documents. 6. Unit Prices for Additional Work: No soil borings have been performed in the area of the project sewer line. The following unit prices are provided in the event that unsuitable pipe bedding material is encountered in the trench bottom or unsuitable material must be removed and replaced in the trench backfill. Prices shall include all labor, materials, shoring, material removal and disposal, overhead, profit, insurance, etc. to cover the cost of the work as described. Changes shall proceed in accordance with Article 10 of the General Conditions. a. Select Bedding Material b. Select Backfill Material i v., � per LF of Pipe Trench j 5. `=' per CY of Select Material 7. The following documents are attached to and made a condition of this Bid: 1-(a) v(b) 14) 14e(fi)gh '-g) 411) Bid Security (Section 00410 and surety bond or cashier's check). Power of Attorney (for surety bond only). Public Entities Crime Form (Section 00470). Noncollusion Affidavit (Section 00480). Trench Safety Affidavit (Section 00490). Corporate authority to execute Bid (for any corporate employee other than president or vice president. Questionnaire and Subcontractor Listing (Sections 00301 and 00301-A). Evidence of Bidder's Certification and License to perform the work. Lowe's Area Trunk Sewer Line 00300-2 9/16/14 -(1) Ex erie_�and financial statement demonstrating the Bidder's ability to successfully complete the work. cj) References (Section 00302). fr(k) Similar Projects (Section 00303). Drug Free Workplace (Section 00310). 8. The terms used in this Bid, which are defined in Article 1 of the General Conditions shall have the meanings assigned to them in the General Conditions as amended by the Supplementary Conditions. Lowe's Area Trunk Sewer Line 00300-3 9/16/14 Item No. Description LOWE'S AREA TRUNK SEWER LINE Base Bid Schedule - Rev. 10-20-14 Unit Quantity Unit Price Extension 1 Clearing & Grubbing 2 Remove Existing Asphalt Pavement 3 Remove & Replace Existing Concrete Curb 4 Construct 4" Gravel Surfacing 5 Remove & Replace Stone Riprap, Regrade Pond Berm (near Lowe's) 6 Remove & Replace Existing Road Pavement 1.5" SP-12.5 Asphalt on 6" S.C. Base 7 Standard Manhole (4' Dia.) 0-6'Cut 6'-10'Cut 10' - 12' Cut 12'-14'Cut 8 8" Drop Connection to MH (Outside) 9 Doghouse Manhole (4' Dia.) on Existing Line 0-6'Cut 6'-10'Cut 10 15" SDR-35 PVC Gravity Sewer 0-6'Cut 6' - 10' Cut 10'-12'Cut 12'-14'Cut 11 8" SDR-35 PVC Gravity Sewer 0-6'Cut 12 Jack & Bore under SR 85 & Hosp. Dr. (24" Casing) 1 LS `- 0(30 . — 645 SY c.>7 , So 320 LF 452 SY 11-'75 1 LS -5C)0. 25 SY O. 10 EA bS- 11 EA 1-)33y'.,- 7 EA 5s 31_ 5�3�J-' 1 LS 256 - EA 1 EA 3,D S6. — 1 EA 3,,? 56_ 1,319 2,235 1,527 LF 75 LF�- S LF 175 LF 24 LF C). P- 50 1.006. - z56,�.p 1�o�s3Ss_ - 5�3y- _ Sct. -- 220 LF 75 4,lo5 . 13 Jack & Bore under Price Gregory Way (24" Casing) 45 LF 7 7 S ) 37 S 14 Directional Bore Under Wetlands 390 LF - S (p 1 19 Y_ LI U 16" HDPE, DR-17 15 4" PVC (FM) Stubout from Manhole 16 10" PVC (FM) Stubout from Manhole 17 4" PVC Wye -Tee & Stubout (for 21 st Century Oncology service) 18 Connect to Existing Fiberglass Wet Well 19 Silt Fencing/ Erosion Controls 20 Seed & Mulch 21 Sodding 22 Construction Stakeout 23 Videotaping 15" Line 24 Testing 25 Dewatering 26 Traffic Control 27 Remove & Replace Existing Concrete Pavement: 6" Reinforced Concrete 20 LF 1 5. _ 20 LF )5-- 1 LS — 1 LS SCQ-3, — 15,900 450 1 5,911 1 1 1 31 Total Base Bid SY SY LS LF LS LS •15 G)-�5 1.-25 goPp-15 LS 5060_ SY �dU 36(0 5666+r NAME OF BIDDER: Pe r )-c_k. n 3, L If Bidder is: (ALL SIGNATORIES MUST HAVE THEIR NAME PRINTED OR TYPED BELOW THEIR SIGNATURE) SOLE PROPRIETORSHIP - (SEAL) (SEAL) (Individual's Signature) Doing Business as: Business Address: (Individual's Name) Phone No.: Fax No.: E-Mail Address: Florida Licence No.: A PARTNERSHIP (SEAL) (Partnership Name) (SEAL) (General Partner's Signature) (SEAL) (General Partners Name) Business Address: Phone No.: Fax No.. E-Mail Address: Florida License No.: Lowe's Area Trunk Sewer Line 00300-8 9/16/14 NAME OF BIDDER: , A CORPORATION Fle I y-LC (Corporation Name) FZU,r 61_0- (State of Incorporation) By D•i—Zc sc_1irn��� (Name of Person Authorized to Sign) ` Title) MICHAEL D. FLEISCHMAN (Authorized Signatur (Corporate Seal) AttesGr/� (Secretary) Business Address: 1.5 ) c1 E. rcj Phone No.: 5(.) D- 3 vim' 2-1 7 Fax No.: 6.5c) 'III 67 E-Mail Address: 1 cc . Corporation President:: , Karen L. Sparks -Blankinship D. �1c175Ch ��n�r� Florida License No.: -4? lJ1 l G (o L S (c3 7 Lowe's Area Trunk Sewer Line 00300-9 9/16/14 NAME OF BIDDER: r L e i c rnc'r) A JOINT VENTURE By IV � (Name) (SEAL) (Address) By (SEAL) (Name) Business Address: (Address) Phone No.: Fax No.. E-Mail Address: Florida License No.: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). 9. List the following in connection with the Surety which is providing the Bid Bond. Surety's Name: 06riiY-Lu_lZsrs 366d i^r y Cisu�-7-'�S- (Cl- Surety's Address: -71) 3 1 c kq,2 - L UCA-11 Name and address of Surety's resident agent for service of process in Florida: s_ ) S) 1-1 cure 3 f kr4 Lowe's Area Trunk Sewer Line 00300-10 9/16/14 r I SCHEDULE OF MANUFACTURERS/SUPPLIERS The Contract Documents are based upon the equipment or products available from the manufacturers/suppliers denoted as "A", "B", etc. However, the Bidder must indicate in his Bid which Base Bid manufacturer/supplier he intends to use for each item of equipment listed by circling one (1) of the listed manufacturers/suppliers. Should the Bidder fail to circle a named supplier, he hereby agrees to provide the item listed as "A". After receipt of bids, the Bidder may not substitute for any manufacturer or supplier circled. If the Bidder desires to propose one (1) or more substitution or "or equal" manufacturers/ suppliers, he may write in the name of such substitution or "or equal" in the spaces provided on the pages following the lists, but he must, nevertheless, also circle one of the listed manufacturers/suppliers. All substitutions or "or equal" items must be identified at the time of Bid (see Paragraph 6.05 of the General Conditions as amended by the Supplementary Conditions). Substitutions or "or equal" items will not be considered when determining the Apparent Low Bidder. Substitutions or "or equal" items will not be evaluated or considered until after the "Effective Date" of the Agreement. The Bidder shall base the Bid on providing one of the listed manufacturers and shall assume for bidding purposes that all substitutions or "or equal" items will not be accepted. If the proposed substitution or "or equal" manufacturer/supplier is determined "not equivalent" by the Engineer, the Bidder must use the circled manufacturer/supplier. If the Bidder fails to indicate which listed manufacturer/supplier is intended to be used or if a substitution or "or equal" is rejected, the Bidder must use the supplier listed as "A". Also, if the Bidder circles more than one listed manufacturer/supplier, Bidder must use the first manufacturer/supplier circled (unless a substitution or "or equal" is approved). Each proposed substitution or "or equal" will be evaluated in accordance with Paragraph 6.05 of the General Conditions following the Effective Date of the Agreement. In addition to the reimbursement required under Paragraph 6.05 of the General Conditions, the Contractor shall also reimburse the Owner for any engineering costs directly attributable to the change in manufacturers/suppliers, caused by the acceptance of proposed substitutions or "or equal" items, such as; additional field trips for the Engineer, additional redesign costs, and additional review costs, etc. Other costs directly attributable to the change in manufacturers/suppliers caused by the acceptance of proposed substitutions or "or equal" items such as increased electrical requirements, larger buildings, modifications to structures, additional pumps, piping or tankage, etc., shall be borne by the Contractor and not by the Owner. Bidder further agrees that the use of substitute equipment offered will not affect the completion date. The Owner may request, and the Bidder shall supply any additional information on proposed substitutes or "or equal" items prior to Notice of Award. Lowe's Area Trunk Sewer Line 00300-11 9/16/14 SCHEDULE OF BASE BID MANUFACTURERS/SUPPLIERS Item Equipment Item Specification No. or Material Section No. 1. c)/ 2. 3. 4. 5. 6. 7. 8. 9. Base Bid Manufacturer/Supplier Lowe's Area Trunk Sewer Line 00300-12 9/16/14 SUBSTITUTIONS AND "OR EQUAL" The undersigned as Bidder agrees that substitutions, or "or equal" items will not be considered until after the 'Effective Date of the Agreement" and will be evaluated in accordance with Paragraph 6.05, of the General Conditions as amended by the Supplementary Conditions. If Bidder intends to propose substitutions or "or equal" items after the "Effective Date of the Agreement", it is agreed that these items will be listed on the Substitution List that must be included with the Bid (form provided herein). Only the proposed substitutions or "or equal" items listed on the Substitution List and submitted at the time of Bid will be evaluated by the Engineer in accordance with the General Conditions. SUBSTITUTION LIST OF MANUFACTURERS/SUPPLIERS Bidder proposes the following substitutions and "or equal" items of alternate manufacturers/suppliers for the equipment of material categories so identified: Equipment Substitute/"or equal" Item Drawing Spec. Manufacturer/Supplier Proposed Material No. Section (List One Only) Price Deduct 1. NI) .70 2. 3. 4. 5. 6. 7. 9. 10. END OF SECTION 00300 Lowe's Area Trunk Sewer Line 00300-13 9/16/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 FLEISCHMAN, MICHAEL DAVID FLEISCHMAN'S INC 1519 E PONDEROSA ROAD FT WALTON BEACH FL 32547-1122 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and leam more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION RU 11066567 ISSUED:. 07/21 /2013 REG UNDERGROUND UTIL & EXCAV CTR FLEISCHMAN, MICHAEL DAVID FLEISCHMAN'S INC (INDIVIDUAL MUST MEETALLLOCAL LICENSING REQUIREMENTS PRIOR TO CONTRACTING IN ANYAREA) HAS REGISTERED under the provisions of Ch.489 FS. Expiration date : AUG 31, 2015 - - L1307210000746 The Department of State is leading the commemoration of Florida's 500th anniversary in 2013. Air For more information, please go to www.VivaFlorida.org. Pi fllllilt DETACH HERE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER The UNDERGROUND UTILITY & EXCAVATION CONTRACTOR Named below HAS REGISTERED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2015 (INDIVIDUAL MUST MEET ALL LOCAL LICENSING REQUIREMENTS PRIOR TO CONTRACTING IN ANY AREA) FLEISCHMAN, MICHAEL DAVID FLEISCHMAN'S INC 1519 E PONDEROSA ROAD FT WALTON BEACH FL 32547-1122 MA ROM RICK SCOTT ISSUED: 07/21/2013 SEQ# L1307210000746 GOVERNOR F7IRPt AY AS RFOl I1RF(7 RY LAW KEN LAWSON SECRETARY air Section 00310 DRUG -FREE WORK PLACE The undersigned vendor, in accordance with Florida Statute 287.087, hereby certifies that F1 I jc)-)Yy,crYt 'S J-n_c• does: (Name of Business) 1. Publish a statement notifying employee that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. MICE tAE D. FLEISCHM AN Proposer's Signature -36-) `I Date (THIS FORM MUST BE COMPLETED IF APPLICABLE AND RETURNED WITH YOUR PROPOSAL) Lowe's Area Trunk Sewer Line 00310-1 12/23/13 SECTION 00470 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZEDTOADMINISTER OATHS. 1. This sworn statement is submitted to ^^ (print name of the public entity) by I ` I Lhcc- D , (print individual's name and title) for F)P (print name of entity submitting swom statement) whose business address is fesh 3 5z/ 7 and (if applicable) its Federal Employer Identification Number (FEIN) is - 3 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: Lowe's Area Trunk Sewer Line 00470-1 12/23/13 4. 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) XNeither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO Lowe's Area Trunk Sewer Line 00470-2 12/23/13 UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED III THIS FORM. (signature) MICH 2L D. FLEISChiMAN Sworn to and subscribed before me this day of 66 (201 Personally known, OR Produced identification Notary Public - State of Florida My commission (type of identification) Lowe's Area Trunk Sewer Line 4: W1N{ KAREN L. SPARKS•BLANKINSHIP _, in.Commission # FF 107101 (printed, typed or t corritoistitimmtiti. -7019 name of notary pu ic. END OF SECTION 00470-3 12/23/13 0 +, * SECTION 00480 NONCOLLUSION AFFIDAVIT STATE OF F es-,-ci COUNTY OF 6.,k-zt )6aj� MICHAEL D. FLEISCHMAN , being first duly sworn deposes and says that: 1. He (it) is the , of F 1 e ; S C j , .Q �`Th-C , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, have in any way, colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. Lowe's Area Trunk Sewer Line MICHAEL D. FLEISCHMAN 00480-1 12/23/13 f •t' •1 *j M Sworn and subscribed to before me this 3U day of (k bed , 20) `i , in the State of Flu r-ij , County of 6 k a.S My Commission Expires: rlefilt� Public tit+:'r'''•,, KAREN L, SPARKS-BLANKINSHIP i. Commission # FF 107101 a ye ri Expires May 22, 2018 �'1;,ps th,x, Bonded TMu Troy Fat Immix 8061B6J00 END OF SECTION Lowe's Area Trunk Sewer Line 00480-2 12/23/13 14 . SECTION 00490 TRENCH SAFETY COMPLIANCE Trench excavations on this Project are expected to be in excess of 5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards, will be in effect during the period of construction of the Project. Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90-096, Laws of Florida) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder further identifies the costs as follows: Trench Safety Item (Description) and Estimated Cost Lowe's Area Trunk Sewer Line Gs(d ( L,eys c-t n i csv (Cost in Words) TOTAL $ S �i FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BID BEING DECLARED NON -RESPONSIVE. Company Name: Fie -1 -)'-)Y sZet n S , C Date: (-1 By: MICHAEL D. FLEISCHMAN This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AcEC AMERICAN COUNCIL OF ENGINEERING COMPANIES ASCE American Society of Civil Engineers 0 National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL. ENGINEERS PROFESSIONAL ENGINEERS LN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by elfs CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.aspe.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 5 Article 2 — Preliminary Matters 6 2.01 Delivery of Bonds and Evidence of Insurance 6 2.02 Copies of Documents 6 2.03 Commencement of Contract Times; Notice to Proceed 6 2.04 Starting the Work 7 2.05 Before Starting Construction 7 2.06 Preconstruction Conference; Designation of Authorized Representatives 7 2.07 Initial Acceptance of Schedules 7 Article 3 — Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards 8 3.03 Reporting and Resolving Discrepancies 8 3.04 Amending and Supplementing Contract Documents 9 3.05 Reuse of Documents 10 3.06 Electronic Data 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 10 4.01 Availability of Lands 10 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 11 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5 — Bonds and Insurance 16 5.01 Performance, Payment, and Other Bonds 16 5.02 Licensed Sureties and Insurers 16 5.03 Certificates of Insurance 16 5.04 Contractor's Insurance 17 5.05 Owner's Liability Insurance 18 5.06 Property Insurance 18 5.07 Waiver of Rights 20 5.08 Receipt and Application of Insurance Proceeds 21 5.09 Acceptance of Bonds and Insurance; Option to Replace 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5.10 Partial Utilization, Acknowledgment of Property Insurer 21 Article 6 - Contractor's Responsibilities 22 6.01 Supervision and Superintendence 22 6.02 Labor; Working Hours 22 6.03 Services, Materials, and Equipment 22 6.04 Progress Schedule 23 6.05 Substitutes and "Or -Equals" 23 6.06 Concerning Subcontractors, Suppliers, and Others 25 6.07 Patent Fees and Royalties 26 6.08 Permits 27 6.09 Laws and Regulations 27 6.10 Taxes 28 6.11 Use of Site and Other Areas 28 6.12 Record Documents 29 6.13 Safety and Protection 29 6.14 Safety Representative 30 6.15 Hazard Communication Programs 30 6.16 Emergencies 30 6.17 Shop Drawings and Samples 30 6.18 Continuing the Work 32 6.19 Contractor's General Warranty and Guarantee 32 6.20 Indemnification 33 6.21 Delegation of Professional Design Services 34 Article 7 - Other Work at the Site 34 7.01 Related Work at Site 34 7.02 Coordination 35 7.03 Legal Relationships 35 Article 8 - Owner's Responsibilities 36 8.01 Communications to Contractor 36 8.02 Replacement of Engineer 36 8.03 Furnish Data 36 8.04 Pay When Due 36 8.05 Lands and Easements; Reports and Tests 36 8.06 Insurance 36 8.07 Change Orders 36 8.08 Inspections, Tests, and Approvals 36 8.09 Limitations on Owner's Responsibilities 36 8.10 Undisclosed Hazardous Environmental Condition 37 8.11 Evidence of Financial Arrangements 37 8.12 Compliance with Safety Program 37 Article 9 - Engineer's Status During Construction 37 9.01 Owner's Representative 37 9.02 Visits to Site 37 9.03 Project Representative 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.04 Authorized Variations in Work 38 9.05 38 9.06 Shop Drawings, Change Orders and Payments 38 9.07 38 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 39 9.09 Limitations on Engineer's Authority and Responsibilities 39 9.10 Compliance with Safety Program 40 Article 10 10.01 Authorized Changes in the Work 10.02 Unauthorized Changes in the Work 10.03 Execution of Change Orders 10.04 Notification to Surety 10.05 Claims Article 11 11.01 11.02 - Cost of the Work; Allowances; Unit Price Work Cost of the Work Allowances 11.03 Unit Price Work Article 12 - 12.01 12.02 12.03 Article 13 - 13.01 13.02 13.03 13.04 13.05 Rejecting Defective Work Determinations for Unit Price Work - Changes in the Work; Claims 40 40 40 40 41 41 42 42 44 45 Change of Contract Price; Change of Contract Times 45 Change of Contract Price 45 Change of Contract Times 47 Delays 47 Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48 Notice of Defects 48 Access to Work 48 Tests and Inspections 48 Uncovering Work 49 Owner May Stop the Work 49 13.06 Correction or Removal of Defective Work 13.07 Correction Period 13.08 Acceptance of Defective Work 13.09 Owner May Correct Defective Work Article 14 - 14.01 14.02 14.03 Contractor's Warranty of Title 14.04 Substantial Completion 14.05 Partial Utilization 14.06 Final Inspection 14.07 Final Payment 14.08 14.09 Waiver of Claims 49 50 51 51 Payments to Contractor and Completion 52 Schedule of Values 52 Progress Payments 52 54 55 55 56 56 Final Completion Delayed 57 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii Article 15 — Suspension of Work and Termination 58 15.01 Owner May Suspend Work 58 15.02 Owner May Terminate for Cause 58 15.03 Owner May Terminate For Convenience 59 15.04 Contractor May Stop Work or Terminate 60 Article 16 — Dispute Resolution 60 16.01 Methods and Procedures 60 Article 17 — Miscellaneous 61 17.01 Giving Notice 61 17.02 Computation of Times 61 17.03 Cumulative Remedies 61 17.04 Survival of Obligations 61 17.05 Controlling Law 61 17.06 Headings 61 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. S. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 r 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 r 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplies=A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall famish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Deering Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 r 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until fmal payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1 include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any parry in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other parry in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either parry does not purchase or maintain all of the bonds and insurance required of such parry by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other parry may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 s 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 II A B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 1 entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning. Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 l b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1.. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that fmancial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 r executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other parry to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the parry making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing parry, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3, notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 " E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 II 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 4 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 9 the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the parry making the Claim to the Engineer and the other parry to the Contract in accordance with the provisions of Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 4 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 t architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 r 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 1 } review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 r r 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright CO 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 y " 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERIVIINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 t , a 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 G � J dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 A L i 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other parry of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—1VIISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (ACEC/NSPE/ASCE Document No. C-700, 2007 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC-1.01 SC-1.01.12 The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) have the meanings assigned to them in the Standard General Conditions. Delete the definition of "Contract Documents" in Article 1 of the General Conditions. "Contract Documents" are the documents enumerated in Article 7 of the Agreement. SC-1.01.44 Delete the definition of Substantial Completion and insert the following in its place: SC-1.01.52 SC-1.01.53 Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of the ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents and that all conditions precedent to Substantial Completion have been met in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Add the following definitions: Compensable Delay - Any delay beyond the control and without the fault or negligence of the CONTRACTOR resulting from OWNER -caused changes in the Work, differing site conditions, suspensions of the Work, or termination for convenience by the OWNER. Correction Period - The time during which the CONTRACTOR must correct defective Work or remove defective Work from the site and replace it with non -defective Work, all at no cost to the OWNER, pursuant to paragraph 13.07 of the General Conditions, as supplemented. SC-1.01.54 Final Completion - The date upon which the final payment is due to be paid by OWNER to CONTRACTOR. 1 SC-1.01.55 SC-1.01.56 Excusable Delay - Any delay beyond the control and without the fault or negligence of the CONTRACTOR, the OWNER, or any other contractor caused by events or circumstances such as, but not limited to, acts of God or of the public enemy, acts of interveners, acts of the government, fires, floods, epidemics, quarantine restrictions, freight embargoes, hurricanes, tornadoes, or new sink holes. Also events that will be considered are unusually severe weather events (and subsequent wet ground conditions) by comparison with the ten (10) year Okaloosa County, Florida, average monthly rainfall; which events are not reasonably anticipatable. For the unusually severe weather events, CONTRACTOR shall bear the burden of providing proof, acceptable to the OWNER, of being unable to perform any portion of the Work that is on the "critical path" of the approved Construction Schedule during any claimed inclement weather days in order to be considered as an Excusable Delay. Labor disputes shall give rise only to Inexcusable Delays. Float or Slack Time - The time available in the progress schedule during which an unexpected activity can be completed without delaying the Substantial Completion of the Work. SC-1.01.57 Inexcusable Delay - Any delay caused either (i) by events or circumstances within the control of the CONTRACTOR, such as inadequate crewing, slow submittals, etc., which might have been avoided by the exercise of care, prudence, foresight, or diligence on the part of the CONTRACTOR, (ii) by normal weather conditions, or (iii) by labor disputes. SC-1.01.58 Preoperational Testing (Check -Out -Testing) - All field inspections, installation checks, water tests, performance tests, and necessary corrections required of the CONTRACTOR as a condition or conditions to achieving Substantial Completion to demonstrate to the OWNER and ENGINEER that individual components of the Work have been properly constructed and operate in accordance with the Contract Documents for their intended purposes. SC-1.01.59 Start -Up Testing (Demonstration Testing) - A predefined trial period required as a condition to Substantial Completion during which CONTRACTOR is to operate the entire Work (or any part thereof agreed to by the OWNER) under actual and simulated operating conditions for the purpose (i) of making such minor adjustments and changes to the Work as may be necessary for the Work to comply with the Contact Documents and (ii) of complying with the final test requirements in the Contract Documents. SC-2.03 Delete paragraph 2.03 of the General Conditions in its entirety and insert the following in its place. 2 2.03 The Contract Time will commence to run on the day indicated in the Notice to Proceed. The Notice to Proceed may be given at any time after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the sixtieth (60th) day after the Effective Date of the Agreement. SC-3.03 Add the following immediately after paragraph 3.03 A of the General Conditions: 3.03 B Measurements 1. When measurements are affected by conditions already established or where items have to be fitted into construction conditions, it shall be the CONTRACTOR'S responsibility to verify all such dimensions at the site and the actual job dimensions shall take precedence over scale and figure dimensions on the Drawings. 2. The CONTRACTOR shall carefully study and compare all Drawings, Specifications and other instructions; shall test all figures on the Drawings before laying out the Work; shall notify the ENGINEER of all errors, inconsistencies, or omissions which he may discover; and obtain specific instructions before proceeding with the Work. The CONTRACTOR shall not take advantage of any apparent error or omissions which may be found in the Contract Documents, and the ENGINEER shall be entitled to make such corrections therein and interpretations thereof as may be deemed necessary for the fulfillment of their intent. The CONTRACTOR shall be responsible for all errors in construction which could have been avoided by such examination and notification and shall correct, at CONTRACTOR'S own expense, all Work improperly constructed through failure to notify the ENGINEER and request specific instructions. 3.03 B Amend paragraph 3.03 B to read 3.03 C. SC-4.03.A.4 In the last paragraph of 4.03.A after "then CONTRACTOR shall" amend "promptly" to read "within three (3) days". SC-4.04.B.1 In the first sentence of 4.04.B.1 amend "promptly" to read "within three (3) days". SC-4.06.G Delete paragraph G. 3 SC-4.07 Add a new paragraph immediately after paragraph 4.06 of the General Conditions which is to read as follows: 4.07 No claim of the CONTRACTOR under paragraphs 4.03, 4.04 and 4.06 shall be allowed unless, (1) the CONTRACTOR has given the notice required in the respective sub -paragraph above, and (2) within thirty (30) days (but before fmal payment) after the CONTRACTOR has given written notice, the CONTRACTOR submits to the OWNER a detailed claim setting forth the CONTRACTOR'S right to an increase in the Contract Price or extension of the Contract Time as provided in Articles 11 and 12 of the General Conditions. SC-5.01 Add the following immediately after paragraph 5.01 C of the General Conditions: D. The Surety shall be rated as "A" or better as to General Policyholders Rating and Class X or better as to Financial Category by Best's Key Rating Guide, published by Alfred M. Best Company, Inc., of 75 Fulton Street, New York, New York, 10038. E. All Surety Companies are subject to approval and may be rejected by the OWNER without cause. F. The bonding limit of the Surety shall not exceed ten percent (10%) of the policyholder surplus (capital and surplus) as listed by the aforementioned Best's Key Rating Guide, on any one risk (penalty or amount of any one bond). G. The Agent countersigning the bond shall be resident in the County where the Project is located and/or other counties that are acceptable to the OWNER. SC-5.04.A The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the amounts contained in the "Insurance Requirements" section (exhibit) of the Agreement or where required by Law and Regulations. SC-5.06 Delete paragraph in its entirety. SC-5.07 Delete paragraph in its entirety. SC-5.08 Delete paragraph in its entirety. SC-5.10 Delete paragraph in its entirety. 4 I r SC-6.01.B Add to the end of 6.01.B "Resident superintendent shall be fluent in English." SC-6.02 Add the following sub -paragraphs immediately after paragraph 6.02.B of the General Conditions which are to read as follow: 6.02.B.1 Maintenance work may be performed during hours other than regular working hours. Regular working hours are defined as daylight hours between one-half hour after sunrise to one-half hour before sunset, but not more than eight (8) hours per day, forty (40) hours per week during weekdays. Requests to Work during other than regular working hours must be submitted to the OWNER at least seventy-two (72) hours in advance of the period proposed for such irregular working hours and shall set forth the proposed schedule for such hours to give the OWNER ample time to arrange for its personnel to be at the site of the Work. SC-6.05 Delete the first paragraph in 6.05.A of the General Conditions in its entirety and insert the following in its place: 6.05.A ENGINEER and OWNER have no obligation to consider "or equal" items or substitutions unless such items are specifically identified by CONTRACTOR at the time of bid. All "or equal" items and substitute items must be identified at the time of bid. It is the OWNER'S sole prerogative to have ENGINEER review proposals proposed by CONTRACTOR during the course of the Work. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words "or equal" or "or approved equal" no substitution is permitted. SC-6.07.B Delete paragraph B. SC-6.08 Add the following to the end of paragraph 6.08.A in the General Conditions: "The OWNER, prior to the advertisement of the Project, has applied for or has secured permits and/or licenses for the Project. Permits obtained for the Project are contained in Exhibit J to the Agreement. No other construction permits are required for this Project." SC-6.11.B Add the following at the end of 6.11.B: 5 "CONTRACTOR shall remove and dispose of waste materials, rubbish, and other debris on a weekly basis or when directed by the OWNER or ENGINEER." SC-6.11.0 Add to the end of 6.11.C: CONTRACTOR shall clean the site, the Work, and the adjacent roadways to the satisfaction of the OWNER." SC-6.11 Add a new sub -paragraph immediately after paragraph 6.11.D of the General Conditions which is to read as follows: SC-6.13.0 6.11.E Use of the OWNER's existing washrooms, lavatories, sanitary facilities or plumbing fixtures by the CONTRACTOR or any of its employees or Subcontractors will not be permitted. The OWNER does not have safety programs that are specifically applicable to the Work. All safety programs associated with the Work shall be the responsibility of the CONTRACTOR. SC-6.13.D Replace paragraph 6.13.D with the following: "CONIRACTOR's duties and responsibilities for safety and protection of the Work shall continue until Final Completion and at all times during the correction period that CONTRACTOR, subcontractor, supplier, or any other individual directly or indirectly employed by any of them are on the site to perform work." SC-6.13 Add the following paragraph 6.13.G: "The CONTRACTOR shall be completely responsible for any tanks, wet wells or similar structures that may become buoyant during the construction and modification operations due to groundwater or floods and before the structure is put into operation. Should there be any possibility of buoyancy of a structure, the CONTRACTOR shall take the necessary steps to prevent its buoyancy either by increasing the structure's weight, by filling it with approved material, or other acceptable methods. The proposed final structures have been designed against buoyancy; however, during various construction stages, methods employed by the CONTRACTOR, and other conditions which may affect the buoyancy, the CONTRACTOR shall take the necessary precautions against buoyancy. Damage to any structure due to floating or flooding shall be repaired or the structures replaced at the CONTRACTOR's expense." SC-6.20.A In the first sentence of paragraph 6.20.A, amend as follows: "To the fullest extent permitted by Laws and Regulations, CON TRACTOR shall indemnify 6 and hold harmless Owner, Engineer, the State of Florida, and the Florida Department of Transportation, and the officers, directors, " SC-7.01.0 In the first sentence of paragraph 7.01.C, amend "promptly" to read "within three (3) days." Amend the last sentence to read: "CONTRACTOR'S failure to so report within three (3) days will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work." SC-7.02 Delete paragraph 7.02 of the General conditions in its entirety and insert the following in its place: 7.02 The parties expressly acknowledge that the Work to be done by the CONTRACTOR under this contract may interface with the Work of other contractors. Thus, in addition to the foregoing paragraphs in this Article 7, the following provisions apply. 7.02.A The CONTRACTOR shall cooperate with all other contractors who may be performing Work on behalf of the OWNER in the vicinity of the Work to be done under this contract, and CONTRACTOR shall conduct his operations so as to interfere to the least possible extent with the Work of such other contractors. 7.02.B The CONTRACTOR. shall promptly make good, at his own expense, any injury or damage that may be caused by him to other contractors, employees or subcontractors or suppliers thereof 7.02.0 Any difference or conflict which may arise between the CONTRACTOR and other contractors in regard to their respective Work shall be adjusted and determined by the OWNER. 7.02.D If the Work is delayed because of any acts or omissions of any other contractor, the CONTRACTOR shall have no claim against the OWNER on that account. SC-8.06 Delete paragraph 8.06 of the General Conditions in its entirety. SC-9.08.D Add the following sentences to the end of paragraph 9.08.D of the General Conditions: 7 "No action, either at law or at equity, shall be brought in connection with any such claim, dispute or other matter later than thirty (30) days after the date on which the ENGINEER has rendered such written decision in respect thereof. Failure to bring an action within said thirty (30) day period shall result in ENGINEER'S decision being final and binding upon the OWNER and the CONTRACTOR. In no event may any such action be brought after the time at which instituting such proceedings would be otherwise barred by the applicable statute of limitations." SC-10.01.0 Add the following new paragraphs after paragraph 10.01.B of the General & Conditions: SC-10.01.D 10.01.0 10.01.D At anytime, ENGINEER may request a quotation from CONTRACTOR for a proposed change in the Work. Within seven (7) calendar days after receipt of a request for a quotation for a proposed change, the CONTRACTOR shall submit a written and detailed proposal for an increase or decrease in the Contract Price or Contract Time for the proposed change. ENGINEER shall have twenty-one (21) calendar days after receipt of the detailed proposal to respond in writing. The proposal shall include an itemized estimate of all costs and time for performance that will result directly or indirectly from the proposed change. Unless otherwise directed, itemized estimates shall be in accordance with Articles 11 and 12 of the General Conditions and in sufficient detail to permit an analysis by ENGINEER of all material, labor, equipment, subcontract, and overhead costs and fees and shall cover all Work involved in the change, whether such Work was deleted, added, changed, or impacted. Any amount claimed for subcontracts shall be similarly supported. Itemized schedule adjustments shall be in sufficient detail to peiinit an analysis of impact on the project schedule. Notwithstanding the request for quotation, the CONTRACTOR shall carry on the Work and maintain the project schedule. Any adjustment in Contract Price and/or Contract Time stated in a Change Order shall comprise the total price and/or time adjustment due or owed the CONTRACTOR for the Work or changes defined in the Change Order. By executing the Change Order, the CONTRACTOR acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all Work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, acceleration and cumulative impacts or ripple effect on all other non -affected Work under this contract. Signing of the Change Order 8 constitutes full and mutual accord and satisfaction for the adjustment in the Contract Price or Contract Time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the change, subject to the current scope of the entire Work as set forth in the Contract Documents. Acceptance of the Change Order constitutes an agreement between OWNER and CONTRACTOR that the Change Order represents an equitable adjustment to the Contract Documents, and that the CONTRACTOR will waive all rights to file a claim on this Change Order after it is properly executed. SC-10.05 Add the following new paragraphs after paragraph 10.05.F of the General Conditions: 10.05.G. This Project is a 'Public Work" under Chapter 255, Florida Statutes. No liens may be filed against the OWNER. Any Claimant may apply to the OWNER for a copy of this Contract and the Public Construction Bond. The Claimant shall have a right of action against the CONTRACTOR and Surety for the amount due him. Such action shall not involve the OWNER in any expense claims against the CONTRACTOR or the Surety; claims are subject to timely prior notice to both the CONTRACTOR and the Surety as specified in Section 255.05, Florida Statutes. The CONTRACTOR shall insert the following in all subcontracts hereunder: "NOTICE: Claims for labor, materials, and supplies are not assertable against the OWNER and are subject to proper prior notice to the CONTRACTOR and the Surety, pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted into every subcontract hereunder." SC-12.02 Delete paragraph 12.02 of the General Conditions in its entirety and insert the following in its place: 12.02.A The Contract Time may be changed only by a Change Order. Any claim for an extension or shortening in the Contract Time shall be based on written notice delivered to the OWNER and ENGINEER within fifteen (15) days from detection or the beginning of any event or circumstance giving rise to an Excusable or Compensable Delay and setting forth the general nature of the cause of delay. Within thirty (30) days of any such detection or beginning of event, the CONTRACTOR shall provide the necessary analysis and documentation required to ascertain the facts, and shall provide a written statement that 9 the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe he is entitled as a result of the occurrence of said event. No claim by the CONTRACTOR under this provision shall be allowed unless the CONTRACTOR has given the notice and the analysis and documentation required in this paragraph, or if asserted after final payment. 12.02.B No forfeiture due to delay shall be made because of any Excusable Delays in the completion of the entire Work or a specified part thereof. Any such delays shall not entitle the CONTRACTOR to any change in Contract Price. The sole remedy of the CONTRACTOR shall be an extension of the Contract Time pursuant to this Article. 12.02.0 No forfeiture due to delay shall be made because of any Compensable Delays in the completion of the Work or a specified part thereof. Any such delays will entitle the CONTRACTOR solely to an extension of the Contract Time pursuant to this Article. 12.02.D No extensions of Contract Time or increases in Contract Price shall be granted for Inexcusable Delays, unless otherwise agreed to by the OWNER at his sole discretion. SC-13.03 B Delete Paragraph 13.03.B and sub -paragraphs 13.03.B.1, 13.03.B.2 and 13.03.B.3 in their entirety and insert the following: 13.03.B CONTRACTOR shall pay for all testing and laboratory services required by the Contract Documents; Additionally, CONTRACTOR shall pay for all inspections, tests or approvals covered by paragraph 13.03.C. SC-13.06 Add a new paragraph 13.06.0 as follows: "The CONTRACTOR shall not be entitled to an extension of Contract Time or increase in Contract Price for removing or correcting defective work." SC-13.07.A Add a new paragraph 13.07.A.5: "When deemed necessary by OWNER, the CONTRACTOR shall furnish and install, at no cost to OWNER, such temporary equipment and material necessary to maintain functionality of the Work while defective Work is being corrected or replaced." SC-13.07.B Revise the first (ls) sentence of paragraph 13.07.B as follows: 10 SC-14.02 II or in an emergency where delay would cause serious risk of loss, risk of damage, present a threat to the OWNER or the public, damage to the environment, or cause or present a threat of violation of any Laws and Regulations, OWNER may..." Delete subparagraph 14.02.0 of the General Conditions and replace it with the following sentence: "Thirty (30) days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.02.B) become due and payable by OWNER to CONTRACTOR." SC-14.07.A Add the following subparagraphs after Paragraph 14.07.A.3 of the General Conditions: SC-15.01 14.07.A.4 Notwithstanding any provision of the Contract Documents to the contrary, the OWNER shall not be deemed to have accepted the Work or waived claims against the CONTRACTOR until (i) payment of all remaining amounts of the Contract Price as provided under Paragraph 5.4 of the Agreement, (ii) all Record Drawings, specifications, addenda, modifications and shop drawings are delivered to and accepted by the ENGINEER, and (iii) the CONTRACTOR has met all conditions of General Condition 13.07 - Correction Period. Add a new subparagraph immediately after paragraph 15.01.A of the General Conditions to read as follows: 15.01.B Notwithstanding this paragraph 15.01, if the OWNER stops Work under paragraph 13.05 or suspends the CONTRACTOR's services under paragraph 13.06 of the General Conditions, or suspends the Work or any portion thereof because of CONTRACTOR's failure to prosecute the Work without endangering persons and property, the CONTRACTOR shall not be entitled to an extension of Contract Time or increase in Contract Price. SC-16.01 Add a new paragraph 16.01.D as follows: "The CONTRACTOR shall carry on the Work and maintain the progress schedule during any dispute, regardless of how resolved, unless otherwise mutually agreed in writing. Venue for any litigation, at law or equity or arbitration, shall lie exclusively in the place of the OWNER's choosing. This Contract, or any provision thereof, shall be construed and interpreted, and any 11 litigation arising therefrom shall be governed, by the laws of the State of Florida." SC-17.01 Add the following after paragraph 17.01.A.2: SC-17.05 SC-17.07 SC-17.08 "3. Delivered by an independent carrier than can substantiate delivery with a tracking number and name of an individual or member of the firm accepting receipt." Modify this paragraph by substituting the word "RESERVED". Add two new paragraphs immediately after paragraph 17.06 of the General Conditions which are to read as follows: 17.07 The form of all submittals, notices, change orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the ENGINEER. 17.08 All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of the Agreement. Also, the obligation of the CONTRACTOR to maintain the Work until Substantial Completion shall service fmal payment and termination or completion of the Agreement. SC-17.09 Add following new paragraphs after paragraph 17.08 added above: 17.09.A CONTRACTOR shall obtain and assign to OWNER all express warranties given to CON TRACTOR or any subcontractors by material or equipment suppliers on materials or equipment provided in the Project. CONTRACTOR warrants to OWNER that any and all materials and equipment furnished under the Contract Documents shall be new, unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. 17.09.B If, within eighteen (18) months after fmal completion, any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. The CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These 12 warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. SC-17.10 Add following new paragraph after paragraph 17.09 added above: 17.10 Negotiation: The parties to this Agreement acknowledge that all terms of this Agreement were negotiated at arm's length and that this Agreement and all documents executed in connection herewith were prepared and executed without undue influence exerted by any party or on any party. Further, this Agreement was drafted jointly by both parties, and no parties are entitled to the benefit of any rules of construction with respect to the interpretation of any terms, conditions, or provisions of this Agreement in favor of or against any person or party who drafted this Agreement. SC-17.11 Add following new paragraph after paragraph 17.10 added above: 17.11 Venue and Waiver of Jury Trial: The location for settlement of any and all claims, controversies, or disputes arising out of or relating to any part of this Agreement, or any breach hereof, shall be exclusively in Okaloosa County, Florida, and nowhere else. The parties further agree that any controversy which may arise under this Agreement would involve complicated and difficult factual and legal issues; therefore, any action brought by one party against the other party, brought by one party, alone or in combination with others against the other party, whether arising out of this Agreement or otherwise, shall be determined by a Judge sitting without a Jury. SC-17.12 Add following new paragraph after paragraph 17.11 added above: 17.12 Sovereign Immunity: Nothing in this Agreement is intended to nor shall be construed to waive the City of Crestview's rights and immunities under the Florida Constitution, Common law, or Florida Statutes §768.28, as amended from time to time. SC-17.13 Add following new paragraph after paragraph 17.12 added above: 17.13 Public Records: Contractor shall comply with Florida Public Records Laws, specifically to: (a) Keep and maintain public records that ordinarily and 13 necessarily would be required by the City of Crestview in order to perform the services. (b) Provide the public with access to public records, on the same terms and conditions that the City of Crestview would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. (c) Ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Crestview all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Crestview in a format that is compatible with the information technology systems of the City of Crestview. END OF SUPPLEMENTARY CONDITIONS 14 Public Records: Contractor shall comply with Florida Public Records Laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Crestview in order to perform the services. (b) Provide the public with access to public records, on the same terms and conditions that the City of Crestview would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. (c) Ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Crestview all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Crestview in a format that is compatible with the information technology systems of the City of Crestview. 11-21-14 City of Crestview Fleischman's, Inc. 1619 E. Ponderosa Road Ft. Walton Beach, FL 32547 (850) 862-3847 CONTRACTOR: By MICHAEL D. FLEISCHMAN Print/Type (President/Owner) Date: 0-`-/ l`% CITY OF CRESTVIEW Director Department of Public Services Telephone No. (850) 682-6132 Brona D. Steele 715 Ferdon Boulevard North Fax No. (850) 682-7359 E-Mail: Steele@citvofcrestview.orq Crestview, Florida 32536 P-Mail: publicservices@cvflomaccoxmail.com November 25, 2015 Fleischman's Inc 1519 E Ponderosa Rd. Ft. Walton Bch, FI 32547 Re: NOTICE TO PROCEED "Lowe's Area Trunk Sewer Line" Dear Mr. Fleishman: This is the notice to proceed with the subject project, "Lowe's Area Trunk Sewer Line" You are notified that the Contract Time under the above contract will commence to run on December 1, 2014 . The date of Completion as set forth in the Agreement is one hundred twenty (120) calendar days. Your City contact for this work is Fred Cook, City Engineer, 850-682-6132. Please contact him before you commence work to coordinate your schedule. Regards, dit%' Elisabeth M Roy City Clerk City Of Crestview Director Brona D. Steele November 11, 2014 Mike Fleischman, President Fleischman's, Inc. 1519 E. Ponderosa Road Ft. Walton Beach, FL 32547 City of Crestview Deparbnent of Public Services 715 Ferdon Boulevard North Crestview, Florida 32536 RE: Lowe's Area Trunk Sewer Line Notice of Award Dear Mr. Fleischman: Telephone No. (850) 682-6132 Fax No. (850) 682-7359 E-Mail: fredcook@citvofcrestview.orq via E-mail & Regular Mail The Crestview City Council accepted your bid in the amount of $511,879.30 (Base Bid) in their meeting on November 10, 2014. Therefore, we hereby issue this letter as Notice of Award to you, so that you may proceed with the necessary documents preparation for the Contract. A Notice to Proceed will be issued as soon as the Contract documents are executed and everything is in order. If you have any questions, please call. Sincerely, CITY OF CRESTVIE Fred B. Cook, P.E. City Engineer Copy: Wayne Steele Betsy Roy Director Brona D. Steele City of Crestview Department of Public Services 715 Ferdon Boulevard North Crestview, Florida 32536 Telephone No. (850) 682-6132 Fax No. (850) 682-7359 E-Mail: fredcook@citvofcrestview.orq ADDENDUM NO. 1 to the PLANS, SPECIFICATIONS, & BID/CONTRACT DOCUMENTS for Lowe's Area Trunk Sewer Line 10-15-14 The following information is hereby provided to all firms receiving the Bid/Contract Documents package and supplements or modifies the Plans, Specifications, and/or the accompanying Bid/Contract Documents on this project. A. Bid/Contract Documents: 1. No changes are made to the Bid/Contract Documents. B. Construction Plans: 1. No changes are made to the Plans. C. Technical Specifications: 1. No changes are made to the Specifications. D. Supplemental Information: 1. Insert the attached geotechnical report by NOVA Engineering and Environmental dated January 2, 2014; five (5) shallow borings were done in the wetland area behind Lowe's during the preparation of the construction plans; no other soil borings were done on this project. End of Addendum #1 Prepared by: Fred B. Cook, P.E. City Engineer NOV ENGINEERING AND ENVIRONMENTAL 136 Industrial Boulevard Pensacola, Florida 32505 850.607.7782 / Fax — 850.249.6683 www.usanova.com January 2, 2014 Mr. Jamie S. Eubanks, P.E. Jenkins Engineering, Inc. 1234 Airport Road Destin, Florida 32541 Subject: Summary Letter of Findings CITY OF CRESTVIEW SEWER IMPROVEMENTS Crestview, Okaloosa County, Florida NOVA Project Number 8213155 Dear Mr. Eubanks, NOVA Engineering and Environmental, LLC (NOVA) has completed the authorized subsurface exploration for the planned improvements to the sewer system infrastructure in Crestview, Okaloosa County, Florida. The work was performed in general accordance with industry standards. Project Information Our understanding of this project is based on recent conversations and email exchanges with the client; review of a provided conceptual site drawing; our recent experience providing geotechnical consulting services for similar developments in the surrounding area; and review of aerial photography via intemet- based GIS software. NOVA understands that the planned improvements to the existing City of Crestview sewer system will include installing a new sewer main (expected to bear as deep as 6 feet below current site grade elevations) extending approximately 423 linear feet north of Rasberry Road adjacent to the west of the Lowe's development located at 298 Rasberry Road. The majority of this alignment is located within jurisdictional wetlands. Field Exploration The Boring Location Plan and Log of Boring Records for the five (5) auger borings performed along the proposed sewer pipe alignment are attached. The borings generally encountered mixed strata of fine- grained sands to slightly silty sands (USCS classifications of SP and SP/SM, respectively) from the existing ground surface elevation present at each boring location to depths of about 21/2 feet to 6-feet below existing grade, where the boreholes collapsed due to the presence of groundwater. Please reference the individual Log of Boring Records for the specific subsurface conditions encountered at each boring location. A stabilized groundwater table was measured in the test borings at depths ranging between about %2 foot to 4% feet below existing grade at the time of our field exploration, which occurred during a period of at to slightly above normal seasonal rainfall. Employee Owned — Client Driven Environmental Consulting — Geotechnical Engineering — Construction Materials Testing - Inspection Services Facility Engineering - Building Envelope Consulting - Loss Prevention - Code Compliance Municipal Support/Outsourcing — Private Provider Services TM City of Crestview Sewer Improvements January 2, 2014 Jenkins Engineering, Inc. NOVA Project Number 8213155 Trench & Pipe Bedding Recommendations The following recommendations have been rendered based on the subsurface conditions encountered in the test borings referenced above. We note, however, that the depth to groundwater precluded our extending the borings (which were performed with hand held equipment) to the bedding elevation for the proposed sewer pipe alignment, which will reportedly be on the order of 4 feet to 6 feet below current site grade elevations). Extensions of these borings to a depth of at least 10 feet below existing grade will be required when site access can be provided for a drill rig or a tripod drill assembly within the existing wetlands to confirm the validity of the recommendations provided below. Site Preparation Prior to proceeding with construction, all vegetation, root systems, and any other deleterious non -soil materials found to be present should be stripped from the proposed sewer pipe alignment. NOVA suggests any existing utility locations should be reviewed to assess their impact on the proposed construction and relocated as appropriate during the installation of the new subsurface utilities. Excavations greater than four feet deep should be sloped or shored in accordance with local, state, and federal regulations, including OSHA (29CFR Part 1926), excavation safety standards. It should be noted that the Contractor is solely responsible for site safety. This information is provided only as a service and under no circumstances should NOVA be assumed to be responsible for construction site safety. Each excavation should be observed and classified by an OSHA -competent person. All excavations below the groundwater level are classified as OSHA Class C soils for excavation purposes. Trench & Pipe Bedding Based on the results of our field exploration, the subsurface conditions encountered to the depths explored at each boring location appear to be well suited for supporting the proposed construction. Over -excavation of unsuitable soils (e.g., peat or peaty sands, soft clays, muck, etc.) does not appear to be warranted in the areas encompassed by our study, although as noted above the borings will need to be extended below the planned bedding elevation(s) for the sewer pipe alignment to verify the validity of this statement. After stripping and trench excavation, a NOVA geotechnical engineer should carefully evaluate the soils exposed at the bottom -of -pipe elevations. Additional recommendations (e.g., undercutting below the proposed pipe bearing elevations and replacing unsuitable soils with structural backfill, or possibly "choking" aggregate into the yielding subgrade soils to stiffen them up) will be rendered in the field should such action be deemed necessary. Structural backfill and pipe bedding materials should be relatively clean sands, similar to the existing on -site soils, with less than 12 percent fines (material passing the No. 200 sieve), and free of non -soil materials and rock fragments larger than 3 inches in diameter. Structural backfill and pipe bedding materials should be placed in thin, horizontal loose lifts (maximum 6-inch) and compacted to at least 95 percent of the Modified Proctor maximum dry density (ASTM D 1557). Based on visual examination, the existing soils encountered during this exploration appear suitable for reuse as structural backfill and pipe bedding material. Materials that contain organic debris are not suitable for reuse as structural backfill. Prior to construction, bulk samples of the proposed backfill materials should be laboratory tested to confirm their suitability. CS VA. ENGINEERING AND ENVIRONMENTAL Page 2 of 3 City of Crestview Sewer Improvements January 2, 2014 Jenkins Engineering, Inc. NOVA Project Number 8213155 Soil moisture content should be maintained within 3 percent of the optimum moisture content. We recommend that the grading contractor have equipment on site during earthwork for both drying and wetting fill soils. Soils excavated from below the water table will likely require significant efforts to adjust the moisture contents prior to reuse as backfill. A NOVA soils technician, who can assess suitability of materials used, and uniformity and appropriateness of compaction efforts, should observe all filling and subgrade preparation. Field tests, using thin -wall tube, nuclear or sand cone testing methods (ASTM D 2937, D2922, or D1556 respectively) should also be performed. One test per 100 linear feet of pipe trench, for each lift of backfill, are recommended. When filling in small areas, at least one test per day per area should be required. Sewer pipe installation should be constructed in general compliance with ASTM D 2321, standard practice for underground installation of pipe for sewers and other gravity flow applications. Groundwater Control As noted above, groundwater was encountered in the test borings at depths varying between about % feet to 41/2 feet below existing grade at the time of our field exploration. Groundwater is expected to impact this project, and a significant dewatering system (most likely a well -point system) will be required to facilitate installation of the planned sewer pipe installation in the dry. The dewatering system should be designed such that the water table is lowered at least 2 feet below the operating level in the trench excavations. We appreciate your selection of NOVA and the opportunity to be of service on this project. If you have any questions, or if we may be of further assistance, please do not hesitate to contact us. Sincerely, NOVA ENGINEERING AND ENVIRONMENTAL, LLC Mak E. Robertson, E.I. Staff Engineer Florida Registration No. 1100014953 Attachments: Appendix Site Location Map NRCS Soil Survey References Boring Location Plan `.ott11I1ilitj� y 3t' No. 60147 , ;‘53 a.*:, * ', *= ,cr - 3�'., STATE OF :stay` Branch aa Lawrence, P.E. *,:-/ ANAL Etc?. . Florida Registration No. 60147 !t t ll rl 11111��� Key to Boring Logs Log of Boring Records (5) Qualification of Recommendations N O VA ENGINEERING AND ENVIRONMENTAL Page 3 of 3 Scale: NTS Date Drawn: December 23, 2013 Drawn By: E. Robertson I Checked By: W. Lawrence LEGEND Auger Borings (B-1 through B-5) Base map provided by Google Earth CI VA ENGINEERING ANO ENVIRONMENTAL 136 Industrial Blvd. Pensacola, Florida 32505 850.607.7782 ♦ 850.249.6683 Boring Location Plan City of Crestview Sewer Improvements Crestview, Okaloosa County, Florida NOVA Project Number 8213155 ENGINEERING AND ENVIRONMENTAL_ KEY TO BORING LOGS SYMBOLS AND ABBREVIATIONS SYMBOL DESCRIPTION N-Value WOR WOH 111 % REC RQD NE GNE BT -200 (%) MC (%) LL PI K Org. Cont. G.S. Elevation No. of Bloods of a 140-Ib. Weight Falling 30 Inches Required to Drive a Standard Spoon 1 Foot Weight of Drill Rods Weight of Drill Rods and Hammer Sample from Auger Cuttings Standard Penetration Test Sample Thin -wall Shelby Tube Sample (Undisturbed Sampler Used) Percent Core Recovery from Rock Core Drilling Rock Quality Designation Stabilized Groundwater Level Seasonal High Groundwater Level (also referred to as the W.S.W.T.) Not Encountered Groundwater Not Encountered Boring Terminated Fines Content or % Passing No. 200 Sieve Moisture Content Liquid Limit (Atterberg Limits Test) Plasticity Index (Atterberg Limits Test) Coefficient of Permeability Organic Content Ground Surface Elevation UNIFIED SOIL CLASSIFICATION SYSTEM MAJOR DIVISIONS GROUP SYMBOLS TYPICAL NAMES N 0 N Viz° o� w L Z L o 0 m Oa `o GRAVELS 50% or more of coarse fraction retained on No. 4 sieve CLEAN GRAVELS GW Well -graded gravels and gravel - sand matures, little or no fines GP Poorly graded gravels and gravel -sand mixtures, little or no fines GRAVELS WITH FINES GM Silty gravels and gravel -sand - silt matures GC Clayey gravels and gravel - sand -clay mixtures SANDS More than 50% of coarse fraction passes No. 4 sieve CLEAN SANDS 5% or less passing No. 200 sieve SW** Well -graded sands and gravelly sands, little or no fines SP** Poorly graded sands and gravelly sands, little or no fines SANDS with 12% or more passing No. 200 sieve SM** Silty sands, sand -silt mixtures SC** Clayey sands, sand -clay mixtures re d .N 0 J0 N oa u7 z o a) w-c w u, O 1° w m z `o u E `o 11) SILTS AND CLAYS Liquid limit 50% or less ML Inorganic silts, very fine sands, rock flour, silty or clayey fine sands CL Inorganic days of low to medium plasticity, gravelly days, sandy days, lean clays OL Organic silts and organic silty clays of low plasticty SILTS AND CLAYS Liquid limit greater than 50% MH Inorganic silts, micaceous or diamicaceous fine sands or silts, elastic silts CH Inorganic days or days of high plasticity, fat days OH Organic days of medium to high plasticity PT Peat, muck and other highly organic soils *Based on the material passing the 3-inch (75 mm) sieve ** Use dual symbol (such as SP-SM and SP-SC for soils with more than 5% but less than 12% passing the No. 200 sieve RELATIVE DENSITY (Sands and Gravels) Very loose — Less than 4 Blow/Foot Loose — 4 to 10 Blows/Foot Medium Dense — 11 to 30 Blows/Foot Dense — 31 to 50 Blows/Foot Very Dense — More than 50 Blows/Foot CONSISTENCY (Silts and Clays) Very Soft — Less than 2 Blows/Foot Soft — 2 to 4 Blows/Foot Medium Stiff — 5 to 8 Blows/Foot Stiff — 9 to 15 Blows/Foot Very Stiff — 16 to 30 Blows/Foot Hard— More than 30 Blows/Foot RELATIVE HARDNESS (Limestone) Soft — 100 Blows for more than 2 Inches Hard —100 Blows for less than 2 Inches MODIFIERS These modifiers Provide Our Estimate of the Amount of Minor Constituents (Silt or Clay Size Particles) in the Soil Sample Trace —5% or less With Silt or With Clay — 6°% to 11 °% Silty or Clayey —12°% to 30% Very Silty or Very Clayey — 31 % to 50% These Modifiers Provide Our Estimate of the Amount of Organic Components in the Soil Sample Trace — Less than 3°% Few —3%to4% Some — 5% to 8°% Many — Greater than 8°% These Modifiers Provide Our Estimate of the Amount of Other Components (Shell, Gravel, Etc.) in the Soil Sample Trace — 5°% or less Few — 6°% to 12°% Some— 13% to 30°% Many — 31 °% to 50°% Project; City of Crestview Sewer rovements Project Location: Crestview, Okaloosa County, Florida Project Number: 8213155 LOG OF BORING B-1 Page 1 of 1 Date(s) Drilled: December 30, 2013 Drilled By: E. Robertson Drill Rig Type: Hand Auger Drilling Method: Hand Auger Hammer Data: Weight N/A Drop N/A Drill Bit Size/Type: 4-inch Bucket Auger Sampling Method: Grab from Bucket Total Depth of Boring: 4 feet Boring Backfill: Soil Cuttings Groundwater Level: 2 feet Logged by: E. Robertson Checked by: W. Lawrence Approximate Surface Elevation: Existing Grade Vertical Datum: Existing Site Grade Location: See Boring Location Plan $ m TEST RESULTS g� t^ w tlr �° a -0 H = c. w m E rco n E N U c �r E `m <n U o O (n a rn .—,7 a. a)E m '� o o 3 8 m a p O cn U n m J a m Material Description N-VALUE • PLASTICITY INDEX H LIQUID LIMIT NATURAL MOISTURE %■ % <200 • ORGANIC % O p O N tO ! v LL1] I _ ° - - - — 1 SP-SM ;1t,: r-'stt :isol !j: i i:[tr i Fi- i:e i XCI 11:1 i l:C L r' t*:i ]'Fri L'ffi J.L'C C , .L Tan slightly silty fine-grained SAND - t - i - - —2 2 SP .: Light tan fine-grained SAND V7 - - —3 3 SP-SM : ii._ �-1'CC tit(' 'CX Ii: ]:F r L iL'r. C r �.LLr :t:e F(` Dark grey slightly silty fine-grained SAND _ - _ _ _ —4 ..,:tt 'Li :isii .1 'L'i 'rrtt' ]:FCf :t ri. ]1L[ :i e't i rr.L1: CJ. i:w{i i 7=L l: Ctt r J. itrti - - - - —5 Boring Terminated at 4 feet — —6 — REMARKS AND OTHER TESTS: ---- -------,_ N Ca VA ENGINEERING AND ENVIRONMENTAL Project; City of Crestview Sewer Project Location: Crestview, Okalo Project Number: 8213155 rovements osa County, Florida LOG OF BORING B-2 Page 1 of 1 Date(s) Drilled: December 30, 2013 Drilled By: E. Robertson Drill Rig Type: Hand Auger Drilling Method: Hand Auger Hammer Data Weight N/A Drop N/A Drill Bit Size/Type: 4-inch Bucket Auger Sampling Method: Grab from Bucket Total Depth of Boring: 3 feet Boring Backfill: Soil Cuttings Groundwater Level: 1 feet Logged by: E. Robertson Checked by: W. Lawrence Approximate Surface Elevation: Existing Grade Vertical Datum: Existing Site Grade Location: See Boring Location Plan o � To M 3 ; W N w �� m H E rw Sample Number o U t a 0 Material Description —1 —2 —3 —4 —5 —6 1 1 2 SP-SM SP tx[r if1: Tan slightly silty fine-grained SAND i:rii axCl — :�t .istr �1411� — 7:t t [' axn 1'2 t r' j!i : xorv, ri TEST RESULTS N-VALUE • PLASTICITY INDEX H LIQUID LIMIT NATURAL MOISTURE % ■ % <200 • ORGANIC % O ,73 Light tan fine-grained SAND Boring Terminated at 3 feet REMARKS AND OTHER TESTS: I N VA ENGINEERING AND ENVIRONMENTAL Project: City of Crestview Sewer rovements Project Location: Crestview, Okaloosa County, Florida Project Number: 8213155 LOG OF BORING B-3 Page 1 of 1 Date(s) Drilled: December 30, 2013 Drilled By: E. Robertson Drill Rig Type: Hand Auger Drilling Method: Hand Auger Hammer Data: Weight N/A Drop N/A Drill Bit Size/Type: 4-inch Bucket Auger Sampling Method: Grab from Bucket Total Depth of Boring: 2.5 feet Boring Backfill: Soil Cuttings Groundwater Level: 0.5 feet Logged by: E. Robertson Checked by: W. Lawrence Approximate Surface Elevation: Existing Grade Vertical Datum: Existing Site Grade Location: See Boring Location Plan TEST RESULTS o cn = w d .0 15 8" w� F m E m Cl) u = Z n E Ea . �- Ea� n. " E `m w D- a g U O � m rn i^ o — .N co . m m N o C c� o m 8 c� o o E g. N y m r. J L m o Material Description N-VALUE ■ PLASTICITY INDEX H LIQUID LIMIT NATURAL MOISTURE °� ■ % <200 • ORGANIC % O. �{ p O N °'] ( 1 1 1 1 1 ° _ 1 SP �: Tan fine-grained SAND - —1 —2 : r� _ _ Boring Terminated at 2.5 feet —3 — —4 — —5 — —6 — REMARKS AND OTHER TESTS: �-- --.___ ENGINEERING AND ENVIRONMENTAL Project: City of Crestview Sewer rovements Project Location: Crestview, Okaloosa County, Florida Project Number: 8213155 LOG OF BORING B-4 Page 1 of 1 Date(s) Drilled: December 30, 2013 Drilled By: E. Robertson Drill Rig Type: Hand Auger Drilling Method: Hand Auger Hammer Data: Weight N/A Drop N/A Drill Bit Size!Type: 4-inch Bucket Auger Sampling Method: Grab from Bucket Total Depth of Boring: 4 feet Boring Backfill: Soil Cuttings Groundwater Level: 1.5 feet Logged by: E. Robertson Checked by: W. Lawrence Approximate Surface Elevation: Existing Grade Vertical Datum: Existing Site Grade Location: See Boring Location Plan C TEST RESULTS o u) �^ m6 S. E- 3, w" .O F . o. n E t`n° m CO U m � E U � Q` m n 03 3 a V o Ott H a w r ' N °c- d oE m .H W t c� . U Sri ce v 008 7) T `n CO a j LD 3 t E 0 Material Description N-VALUE • PLASTICITY INDEX H LIQUID LIMIT NATURAL MOISTURE %■ % <200 ORGANIC % O o o a Y `P � N I ° 1 1 SP . Tan/orange fine-grained SAND —1 — - v — 2 is )--. L —3 - f f :` :,_ '.c :. :: : r —4 Boring Terminated at 4 feet —5 — —6 — REMARKS AND OTHER TESTS: --""-- `_ ENGINEERING AND ENVIRONMENTAL Project City of Crestview Sewer rovements Project Location: Crestview, Okaloosa County, Florida Project Number: 8213155 LOG OF BORING B-5 Page 1 of 1 Date(s) Drilled: December 30, 2013 Drilled By: E. Robertson Drill Rig Type: Hand Auger Drilling Method: Hand Auger Hammer Data: Weight N/A Drop N/A Drill Bit Size/Type: 4-inch Bucket Auger Sampling Method: Grab from Bucket Total Depth of Boring: 6 feet Boring Backfill: Soil Cuttings Groundwater Level: 4.5 feet Logged by: E. Robertson Checked by: W. Lawrence Approximate Surface Elevation: Existing Grade Vertical Datum: Existing Site Grade Location: See Boring Location Plan ., TEST RESULTS o u) w« 15 ;w LT JP o i�' a m cn IT, x 0 E m CD g N E U � a� E `m m a 03 a 3 U 2 o m H a N d o = m o o u U w v a i. co u j t E Material Description N-VALUE • PLASTICITY INDEX H LIQUID LIMIT NATURAL MOISTURE %■ % <200 • ORGANIC % O o 0 0 0 0 0 i T `7 4 `' `P —0 - - - 7 1 SP-SM 4,,,, •E F i :,xc1 : i,'Fr .+:[ i r j;c i i Alt.- atcr t}ii. [ ?:cri,- .tK f i acr :cr Orange/tan slightly silty fine-grained SAND - —1 - - 2 Sr ; ?.- .._ Tan fine-grained SAND -2 - - — 2-3-6 -- ?:/- - • - 3 —4 _ 3 10-15-17 SP . =:L Orange/tan fine-grained SAND Iv —5 _ ii L —6 Boring Terminated at 6 feet I REMARKS AND OTHER TESTS: N 0 VA ENGINEERING AND ENVIRONMENTAL QUALIFICATIONS OF RECOMMENDATIONS The findings, conclusions and recommendations presented in this report represent our professional opinions concerning subsurface conditions at the site. The opinions presented are relative to the dates of our site work and should not be relied on to represent conditions at later dates or at locations not explored. The opinions included herein are based on information provided to us, the data obtained at specific locations during the study, and our previous experience. If additional information becomes available which might impact our geotechnical opinions, it will be necessary for NOVA to review the information, re -assess the potential concerns, and re-evaluate our conclusions and recommendations. Regardless of the thoroughness of a geotechnical exploration, there is the possibility that conditions between borings may differ from those encountered at specific boring locations, that conditions are not as anticipated by the designers and/or the contractors, or that either natural events or the construction process has altered the subsurface conditions. These variations are an inherent risk associated with subsurface conditions in this region and the approximate methods used to obtain the data. These variations may not be apparent until construction. The professional opinions presented in this report are not fmal. Field observations and foundation installation monitoring by the geotechnical engineer, as well as soil density testing and other quality assurance functions associated with site earthwork and foundation construction, are an extension of this report. Therefore, NOVA should be retained by the owner to observe all earthwork and foundation construction to confirm that the conditions anticipated in this study actually exist, and to finalize or amend our conclusions and recommendations. NOVA is not responsible or liable for the conclusions and recommendations presented in this report if NOVA does not perform these observation and testing services. This report is intended for the sole use of Jenkins Engineering, Inc., only. The scope of work performed during this study was developed for purposes specifically intended by Jenkins Engineering, Inc., only, and may not satisfy other users' requirements. Use of this report or the fmdings, conclusions or recommendations by others will be at the sole risk of the user. NOVA is not responsible or liable for the interpretation by others of the data in this report, nor their conclusions, recommendations or opinions. Our professional services have been performed, our findings obtained, our conclusions derived and our recommendations prepared in accordance with generally accepted geotechnical engineering principles and practices in the State of Florida. This warranty is in lieu of all other statements or warranties, either expressed or implied. Director Brona D. Steele City of Crestview Department of Public Services 715 Ferdon Boulevard North Crestview, Florida 32536 Telephone No. (850) 682-6132 Fax No. (850) 682-7359 E-Mail: fredcookOcitvofcrestview.orq ADDENDUM NO. 2 to the PLANS, SPECIFICATIONS, & BID/CONTRACT DOCUMENTS for Lowe's Area Trunk Sewer Line 10-20-14 The following information is hereby provided to all firms receiving the Bid/Contract Documents package and supplements or modifies the Plans, Specifications, and/or the accompanying Bid/Contract Documents on this project. A. Bid/Contract Documents: 1. Change Contract Time to 120 calendar days (for Substantial Completion). 2. Replace the Base Bid Schedule and Alternate #1 Bid Schedule with the attached revised bid schedules. B. Construction Plans: 1. Change the pipe material shown between MH #4 and MH #5 (wetland directional bore) to 16" HDPE, DR-17; the length remains at 390 LF. C. Technical Specifications: 1. Delete "Spectrashield" manhole coating as described in section 5.2.10 of the specifications. D. Supplemental Information: 1. Note that the City will stake all manhole locations, for horizontal control. E. Questions received during Bidding: See following list of questions and answers: 1. Question: On the Alternate #1 Bid, will the City accept a Change Order to credit back the cost difference of the PVC pipe materials due to the City purchase of the materials? Answer: No. The City will purchase the PVC pipe materials, as described in the documents, and deliver the materials to the project site at the Contractor's designated location. 2. Question: Should MH #4 be a doghouse type manhole for placement of the HDPE to where a surface collar will not be required? Answer: No. 3. Question: On bid item #3, are we to replace the curb at the old Flea Market? Answer: Yes - at its original location; the asphalt to be removed shall be replaced with gravel surfacing material. (see page 2) 4. Question: Is the asphalt to be replaced at the Golden Asian Buffet? Answer: No. Any asphalt pavement replacement needed at this location will be done by the City. 5. Question: Other than the drive at the lift station, where is gravel to be placed? Answer: Gravel is to be placed on the old Flea Market site where asphalt is being removed, as described previously in this Addendum. 6. Question: On bid item #6, what type and how thick should the base and asphalt pavement be at Crosson Drive and Hospital Drive? Answer: At Crosson Drive crossing,1.5" asphalt pavement (SP-12.5) and 6" sand -clay base; at Hospital Drive, no pavement removal is anticipated. 7. Question: On bid items #21, clarify where sod is to be placed? Answer: Sod is to be placed in the stormwater pond replacement area near MH #11 and on Hospital Drive in the project tie-in area. 8. Question: At the lift station connection area, how thick is the concrete pad and drive? Answer: 6" reinforced concrete; a line item has been added in the revised Bid Schedules to address this work. 9. Question: On bid item #15, is this for the connection for the 21 st Century Oncology service? Answer: No; the 21st Century Oncology service is provided in bid item #17; the City will make the service connection from the existing service line to the new service; Contractor to extend 4" PVC a length of 20' and stub line up, aboveground, for City location and connection. 10. Question: Please show the areas proposed for clearing and grubbing on the plans? Answer: The areas for clearing and grubbing consist of the 20' easement or a 20' wide path in which the pipeline will be constructed; these areas will generally be re -stabilized via seed and mulch. End of Addendum #2 Prepared by: Fred B. Cook, P.E. City Engineer 2 a Director Brona D. Steele City of Crestview Department of Public Services 715 Ferdon Boulevard North Crestview, Florida 32536 Telephone No. (850) 682-6132 Fax No. (850) 682-7359 E-Mail: fredcook@cityofcrestview.orq ADDENDUM NO. 3 to the PLANS, SPECIFICATIONS, & BID/CONTRACT DOCUMENTS for Lowe's Area Trunk Sewer Line 10-24-14 The following information is hereby provided to all firms receiving the Bid/Contract Documents package and supplements or modifies the Plans, Specifications, and/or the accompanying Bid/Contract Documents on this project. A. Bid/Contract Documents: 1. For clarification on line item 7, Standard Manhole, the inside diameter changes from 4' to 5' at depths greater than 8', as shown in the plans on sheet C-11. 2. Change the "Unit" description on line item 19, Silt Fencing/Erosion Controls, from linear feet (LF) to lump sum (LS); no revised Bid Schedules are provided; strike through the current quantity and unit and mark "1-LS" on the Bid Schedules. B. Construction Plans: 1. No changes. C. Technical Specifications: 1. No changes. D. Supplemental Information: 1. The Engineer's Estimate on this project is $500,000. End of Addendum #3 Prepared by: Fred B. Cook, P.E. City Engineer SECTION 00020 ADVERTISEMENT FOR BIDS FOR CITY OF CRESTVIEW LOWE'S AREA TRUNK SEWER LINE NOTICE IS HEREBY GIVEN: That sealed bids will be received by the City of Crestview, at the Office of the City Clerk, 198 N. Wilson Street, Crestview, Florida 32536; until October 30, 2014 at 2:00 p.m. Any bids received after the above time will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bid opening will be promptly at 2:00 p.m. on Thursday, October 30, 2014 at the City Hall Council Chambers, 198 N. Wilson Street, Crestview, Florida 32536, at which time all bids received will be publicly opened and read aloud. DESCRIPTION OF WORK: All work for the Project shall be constructed in accordance with the Drawings and Specifications prepared by Jenkins Engineering, Inc., and the proposed improvements will be awarded and constructed, if award is made, under one Contract. Bids shall be submitted for furnishing, delivering, and installing all materials, equipment and services, including labor, for the Work described. The project generally includes furnishing all labor, materials, equipment, restoration and incidentals for the construction of approximately 5,900 linear feet of 15" gravity sewer pipeline, from the east side of State Road 85 in Crestview at Hospital Drive to the west side of State Road 85, and west/south along existing roadways to just north of the Lowe's Home Improvements Store and then south to an existing City lift station. The project construction time is 90 calendar days. BIDDING DOCUMENTS (PROJECT MANUAL AND DRAWINGS) can be reviewed and obtained at: Public Services Depai linent 715 N. Ferdon Blvd. Crestview, Florida 32536 Attn: Fred B. Cook, P.E., City Engineer 850-682-6132 ext. 109 The City of Crestview reserves the right to accept or reject, in part or total, any or all bids and to waive any informalities as deemed in the best interest of the City. All bids must be marked on the outside of the envelope with the bid name, the time and date of opening. It shall be the Lowe's Area Trunk Sewer Line 00020-1 9/16/14 BIDDER'S responsibility to ensure that proposals are delivered to the above address by the appointed time. PRE -BID MEETING: There will be a Mandatory Pre -Bid Meeting on Wednesday, October 15, 2014, at 9:00 am, at the Public Services Department Conference Room, 715 N. Ferdon Blvd., Crestview, Florida. Anyone interested in bidding on this project must be in attendance at the Pre - Bid Meeting, or they will not be allowed to submit a bid. Bids shall be prepared from the complete Bidding Documents attached. Addenda will be sent via facsimile or e-mail to all parties recorded by the City as having received complete sets of Bidding Documents up to twenty-four (24) hours before the bid time. A request including the name, address, email address, and telephone/facsimile numbers of the plan holder shall be required to obtain a set of Bidding Documents. Anyone obtaining a complete set of Bidding Documents must indicate whether they are a general contractor, subcontractor, manufacturer, or supplier. Only complete sets of the Bidding Documents will be distributed. Only registered holders of the Bidding Documents will receive addenda. BID BOND: A certified check or Bid Bond shall accompany each Bid. The certified check or Bid Bond shall be for an amount not less than five percent (5%) or the Bid Price and shall be made payable to the City as a guarantee that the Bidder will not withdraw a bid for a period of ninety (90) days after Bid closing time. PERFORMANCE AND PAYMENT BONDS: In the event the Contract is awarded to the Bidder, the Bidder will thereafter enter into a written contract with the City and furnish a Payment and Performance Bond in an amount equal to the contract price, in strict accordance with Section 255.05 of the Florida Statutes. Failing to do so will forfeit the bid security. Payment and Performance Bond shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida. BID SUBMITTAL: A single bid shall be submitted for the work. The contract will be awarded pursuant to the requirements of applicable state and federal laws and regulations. Bids shall be enclosed within a sealed envelope on the form provided in the Bidding Documents, Section 00300, complete with all supporting documentation. The face of the envelope shall contain Bidder's name, return address, the date and time of bid opening, Bid Number 14-1016, and project title. Bids not submitted on the enclosed Bid Form shall be rejected. Bids must be received not later than the time set forth herein. Submittal of a Bid in response to this Advertisement for Bids constitutes an offer by the Bidder. Bids that do not comply with these requirements may be rejected, at the option of the City. The City will not be responsible for any lost or late arriving bids sent via the U.S. Postal Service or other delivery services. Mailed bids shall be sent to the attention of Elizabeth M. Roy, City Clerk, 198 N. Wilson Street, Crestview, Florida 32536. Lowe's Area Trunk Sewer Line 00020-2 9/16/14 DEFINITIONS: Terms used in this "Advertisement for Bids" which are defined in the Bidding Documents shall have the meanings assigned to them by the Bidding Documents. AWARD OF CONTRACT: If the Contract is awarded, it will be awarded on the basis of the most responsive, responsible and lowest "Total Base Bid" from a responsible and qualified Contractor licensed to perform such work in the State of Florida. Alternate Bids (if any) may be considered in conjunction with the Total Base Bid in determining the lowest responsive bidder and Total Bid. The Successful Bidder who is awarded the Contract will be required to perform the Work as a Prime Contractor and self -perform at least 50-percent of the project. The City reserves the right to waive technicalities or irregularities, to reject any or all bids, and to accept that Bid which is in the best interest of the City. CITY OF CRESTVIEW, FLORIDA Office of the City Clerk 198 N. Wilson Street Crestview, Florida 32536 Lowe's Area Trunk Sewer Line END OF SECTION 00020 00020-3 9/16/14 Florida Department of Environmental Protection October 3, 2011 BY ELECTRONIC MAIL (steele@cityofcrestview. org) PERMITTEE: Brona D. Steele Director of Public Services City of Crestview Post Office Box 1209 Crestview, Florida 32536 Dear Mr. Steele: Northwest District 160 W. Government Street, Suite 308 Pensacola, Florida 32502-5740 PERMIT NUMBER: EXPIRATION DATE: COUNTY: PROJECT: CONNECTED TO: Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard Jr. Secretary CS46-0079482-001-DWC/ CG October 2, 2016 Okaloosa Lowe s Area Sewer Expansion City of Crestview WWTP This letter acknowledges receipt of a Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System for the Lowe's Area Sewer Expansion project. Our office received the request for a collection/transmission system permit on September 30, 2011. This is to advise you that the Department does not object to your use of the General Permit for this project. The wastewater collection/transmission system project is being proposed to eleminate capacity concerns further downstream in the City's sewer system and to allow future additional permitted developments to tie to this system once complete. No new flow proposed specifically with this project. The installation consists of approximately 4,865 LF of 15-inch gravity sewer line and 22 manholes. The 15-inch gravity sewer line will connect to an existing lift station near Rasberry Road. The existing lift station with force main flows to the City of Crestview WWTP. The proposed construction will be in accordance with the plans entitled "Lowe's Area Sewer Expansion," as signed and dated by M. Scott Jenkins, P.E., on September 29, 2011. Please note the attached requirements apply to your use of this General Permit for constructing the proposed domestic wastewater collection/transmission system. You are further advised that the construction activity must conform to the description contained in your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System and that any deviation will subject the permittee to enforcement action and possible penalties. www.dep.statell.us Lowe's Area Sewer Expansion CS46-0079482-001-D WC/CG Notice of General Permit Page 2 of 3 If you have any questions, feel free to contact Joe May of this office at (850) 595-0609 or by email at jonathan.may@dep.state.fl.us. Sincerely, William A. Evans, P.E. Domestic Wastewater Permitting Supervisor Attach: REQUIREMENTS FOR USE OF THE GENERAL PERMIT FOR DOMESTIC WASTEWATER COLLECTION/TRANSMISSION SYSTEMS c: M. Scott Jenkins, P.E., Garver, LLC (msjenkins@garverusa.com) Brona D. Steele, Public Service Director, City of Crestview (steele@cityofcrestview.org) Chair, Okaloosa County Board of County Commissioners, James Campbell (jcampbell@co.okaloosa.fl.us) James D. Curry, Okaloosa County Administrator (managerinfo@co.okaloosa.fl.us) Environmental Health Director, Okaloosa County Public Health Depart (Jack_Andrews@doh.state.fl.us) 2 t Lowe's Area Sewer Expansion CS46-0079482-001-D WC/CG Notice of General Permit Page 3 of 3 REQUIREMENTS FOR USE OF THE GENERAL PERMIT FOR DOMESTIC WASTEWATER COLLECTION/TRANSMISSION SYSTEMS: 1. This general permit is subject to the general permit conditions of Rule 62-4.540, F.A.C., as applicable. This rule is available at the Department's Internet site at: http://www.dep.state.fl.us/water/wastewater/rules.htm#domestic [62-4.540, 5-1-03]. 2. This general permit does not relieve the permittee of the responsibility for obtaining a dredge and fill permit where it is required. [62-604.600(6)(b)1,11-6-03] 3. This general permit can not be revised, except to transfer the permit. [62-604.600(6)(b)2,11-6-03] 4. Upon completion of construction of the collection/transmission system project, and before placing the facilities into operation for any purpose other than testing for leaks or testing equipment operation, the permittee shall submit to the Department's Office that processed the permit, Form 62-604.300(8)(b), Request for Approval to Place a Domestic Wastewater Collection/Transmission System into Operation. This form is available at the Department's Internet site at: htlp://www.dep.state.fl.us/water/wastewater/forms.htm [62-604.700(2),11-6-03] 5. The new or modified collection/transmission facilities shall not be placed into service until the Department clears the project for use. [62-604.700(3),11-6-03] 6. Abnormal events shall be reported to the Department in accordance with Rule 62- 604.550, F.A.C. For unauthorized spills of wastewater in excess of 1000 gallons per incident, or where information indicates that public health or the environment may be endangered, oral reports shall be provided to the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519 as soon as practical, but no later than 24 hours from the time the permittee or other designee becomes aware of the circumstances. Unauthorized releases or spills less than 1000 gallons per incident are to be reported orally to the Department within 24 hours from the time the permittee, or other designee becomes aware of the circumstances. [62-604.550,11-6-03] 3 r" July 24, 2014 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 160 W. GOVERNMENT STREET, SUITE 308 PENSACOLA, FLORIDA 32502-5740 BY ELECTRONIC MAIL: Stee leAcityo fcrestvi ew. org City of Crestview Brona Steele — Director of Public Services P.O. Box 1209 Crestview, FL 32536 Project Name: City of Crestview — Lowes Area Trunk Sewer Line File No.: 46-0327817-001-EG Okaloosa County Dear Ms. Steele: RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY This is to acknowledge receipt of your notice on July 14, 2014 of intent to use a General Permit (GP), pursuant to Rule 62-330.453, Florida Administrative Code (F.A.C.) to install a new 15", 350 linear foot gravity sewer main via bore beneath an unnamed wetland area. The project is located behind Lowes, just north of Rasberry Road in Crestview at parcel number 29- 3N-23-0000-0025-0000, Section 29, Township 03 North, Range 23 West, in Okaloosa County. In addition to regulatory authorization under Rule 62-330.453, F.A.C., this type of activity may also require both proprietary and federal authorizations. Proprietary authorization is required pursuant to Chapters 253 and 258, Florida Statute (F.S.), to use state-owned submerged lands for private purposes. Federal authorization is needed for works in waters of the United States through the State Programmatic General Permit (SPGP) program. Your intent to use a general permit has been reviewed by Department staff for all three types of authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, the specific section dealing with that authorization will advise you on how to obtain it. You may NOT commence your project without all three authorizations. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. www. dep. state. f 1. trs Your project did not qualify for the federal authorization, therefore, additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. Please note: This letter confirms that your proposed project qualifies for the General Permit identified herein, but does not constitute the Department's determination of the wetland boundary depicted in the attached drawings of the property. 1. Regulatory Review — Approved Based on the forms, drawings, and documents submitted with your notice, it appears that the project meets the requirements for the General Permit under Rule 62-330.453, F.A.C. Any activities performed under a general permit are subject to general conditions required in Rule 62-330.405, F.A.C. (attached), and the specific conditions of Rule 62-330.453, F.A.C. (attached). Any deviations from these conditions may subject the permittee to enforcement action and possible penalties. Please be advised that the construction phase of the GP must be complete within five years commencing from the date notice is received by the Agency, or the date the Agency verifies compliance with the terms and conditions of the general permit in accordance with Rule 62- 330.402, F.A.C., whichever is later. If you wish to continue this GP beyond the expiration date, you must notify the Department at least 30 days before its expiration. Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. 2. Proprietary Review Not required The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under Chapter 253 of the Florida Statutes, or Chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review - SPGP Not Approved A copy of your notice also has been sent to the U.S. Army Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. Additional Information Please retain this general permit. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the File Name: City of Crestview — Lowes Area Trunk Sewer Line File No.: 46-0327817-001-EG Page 2 of 5 activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of File Name: City of Crestview — Lowes Area Trunk Sewer Line File No.: 46-0327817-001-EG Page 3 of 5 receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Leona Lewis at the letterhead address, at 850-595-0581, or at Leona.E.Lewis@dep.state.fl.us. File Name: City of Crestview — Lowes Area Trunk Sewer Line File No.: 46-0327817-001-EG Page 4 of 5 Executed in Escambia County, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Leona Lewis Engineering Specialist Submerged Lands and Environmental Resources Program Attachments: Ch. 62-330.453, F.A.C. General Conditions for All General Permits, Ch. 62-330.405, F.A.C. Exhibit I Project Drawings, 2 pages cc: U.S. Army Corps of Engineers Jamie Eubanks, jamie@jeicivil.com Fred Cook, fredcook@citvofcrestview.org CERTIFICA 1'E OF SERVICE The undersigned hereby certifies that this permit, including all copies, were mailed/emailed before the close of business on July 24, 2014 , to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, under 120.52(7), F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. 8.66 Clerk File Name: City of Crestview — Lowes Area Trunk Sewer Line File No.: 46-0327817-001-EG Page 5 of 5 7/24/2014 Date DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS PENSACOLA REGULATORY OFFICE 41 NORTH JEFFERSON STREET, SUITE 301 PENSACOLA, FL 32502-5794 REPLY TO ATTENTION OF Regulatory Division North Permits Branch Pensacola Permits Section SAJ-2 014-02136 (NPR-TS H ) Mr. Brona D. Steele City of Crestview — Public Services P.O. Box 1209 Crestview, FL 32536 Dear Mr. Steele: August 5, 2014 Reference is made to the application received on July 14, 2014, for a Department of the Army permit to install 350 linear feet of 15-inch diameter sewer main -line beneath wetlands via directional bore that begins and ends in uplands; no wetland impacts are proposed. The proposed project site is located in unnamed wetlands, west of Lowe's Home Improvement storte, north of Rasberry Road, Latitude 30.726824° North, Longitude 86.575468° West, in Section 29, Township 3 North, Range 23 West, Crestview, Okaloosa County, Florida. The application has been assigned the file number SAJ-2014-02136. The project as proposed will not require a Department of the Army permit in accordance with Section 10 of the Rivers and Harbors Act of 1899 as it is not located within the navigable waters of the United States. Furthermore, a permit will not be required in accordance with Section 404 of the Clean Water Act as it will not involve the discharge of dredged or fill material into waters of the United States. Provided the work is done in accordance with the enclosed drawings, Department of the Army authorization will not be required. This determination has been conducted to identify the limits of the Corps Clean Water Act jurisdiction for the particular site identified in this request. This determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are U.S. Department of Agriculture (USDA) program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work. Please be advised this determination reflects current policy and regulations and is valid for a period of no longer than 5 years from the date of this letter unless new information warrants a revision of the determination before the expiration date. If after the 5-year period, the Corps has not specifically revalidated this determination, it will automatically expire. Any reliance upon this determination beyond the expiration date may lead to possible violation of current Federal laws and/or regulation. Additionally, your project site may contain species protected by the Endangered Species Act (ESA) of 1972, as amended. You should contact your local U.S. Fish and Wildlife Service (FWS) office to determine if federally listed species or their habitat are present on your project site. If it is determined that federally listed species may be affected by the proposed project, authorization for "incidental take" may be required. FWS offices can be contacted by the following telephone numbers: Jacksonville at 904- 232-2580, Panama City at 850-769-0552, St. Petersburg at 727-570-5398, or Vero Beach at 772-562-3909. This letter does not obviate the requirement to obtain any other Federal, State, or local permits that may be necessary for your project. Should you have any questions, please contact Shayne Hayes at the letterhead address or by telephone at 850-433-8859. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit http://per2.nwp.usace.army.mil/survey.html and complete our automated Customer Service Survey. Your input is appreciated — favorable or otherwise. Please be aware this web address is case sensitive and should be entered as it appears above. Sincerely, Shayne Hayes Project Manager Enclosures Copies Furnished: Mr. Jamie Eubanks, Jenkins Engineering, Inc., agent N w ▪ " - NOTES: rA w, Emit v. rvwTRKFT a • ra v PEh MX .\ NOM NA anvRMI010 1111111111.1•11110PUMP O. MORE $ +N dr u. UV GSM �. � . _ f~ j p o- ,. I. sw`•AFRr for:- WON r ' 14W' rn Nr rim riOO rR SOMIP Nsnirri LOAE'S Y.fgl RUM. R,Ofa R w RF w mP% rF■ v(r',1e, d i. BOUNDARY. TOPOGRAPHIC AND EASEMENT DATA IS BASED ON THE FOLLOWING SURVEY INFORMATION, AT A MINNUM: A TNURNER SURVEYING AND MAPPING. INC.. JOB 10002.100.001. B. SOUTHERN ENGINEERING GROUP, JOB /21465. C. NOBLES CONSULTING GROUP, JOB 001302.08. D. VARIOUS EASEMENT SKETCHES PROVIDED BY THE CITY OF CRESTVIEW PUBLIC WORKS DEPARNENT. 2. D IS THE CITY OF CRESTNEW PUBLIC WORKS DEPARIAEWS RESPONSIBILITY TO OBTAN AND VERIFY THAT AL EASEMENT AND LOCATION DATA IS ACCURATE AND RECORDED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. U.. Pr-P rR RR na.R ttttttttt ■ttttttttttttttttttt ttttttttttttttttttttttttttttt■ tttttttttttttttttttttttttttttt tttttttttttttttttttttttttttttt FIFA MARKET tttttttttttttttttttttttttttt t ■ttttttttttttttttttttttttttttt tttttttttttttttttttttttttttttt 111 .. ...��. THE DRAWING M THE PROPERTY OF MOONS ENGINEERING. NC. MO Mi NOT TN E REPRODUCED WITOUT DEPRESSED WTOTTEN CONSENT o >S' 90' IW' 100 M i a MA. CMS JIM YAW OB 1342 DATE: 062014 DEEM E& JE DRAWN MPP ORAWNG NUMBER 0 OF IA EMT NURSER CO3 NOTES: 1. BOUNDARY, TOPOGRAPHIC AND EASEMENT DATA IS BASED ON TILE FOLLOWING SURVEY INFORMATION. AT A NNW* A. THURNER SURVEYING AND NAPPING. INC.. JOB j0002.T08.001. B. SOUTHERN ENGINEERING CROUP, JOB #21 485. C. NOBLES CONSULTING GROUP, JOB 01302.00. D. VARIOUS EASEMENT SKETCHES PROVIDED Br THE CITY OF C1ESMflV PUBUC WORKS DEPARTMENT. 2. R IS THE CITY OF CRESTNEW PUBLIC WORKS DEPARTMENT'S RESPONSIBILITY TO OBTNN AND VERIFY THAT ALL EASEMENT AND LOCATION DATA IS ACCURATE AND REGORGED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. r no r a i A t;;---- �Wf 1 • M. EFS le we Per he 1 k u i-------a -r_—.... 1 / L / _-- .I / /IA+ — O 23' SW 1m MO' EleREEEEM IA001201/0M1 WALE I.. V O ]A' 5. 10' 15' ESEEISFEINZInee YMO/ SAL 1' .. r AAJ� i i i I T r Ir r e I I i i I I I I a I 11111 Rr 1,111 IIr NPe NMI BIr IYeI Nr NMP is 1 NMw aNr c i 7 to 1 i I OMR PIP ME Cc cn H Z ¢6a ¢y� �e IP JOB: 15.2 DATE 034014 DENIONED: JSE OMWN: MPF °MINING NUMBER e OF 14 THIS DRAW. 16 TILE PROPERLY IF JE1.0.3 ENdNEERNO, NC. AMO W NOT TO BE REPRODUCED 1M0b1,1T UPREUSEpygTTEN CONSEIR. MEET NUMBER CO6 VS n ( DIV OUT: 94.61 EC SANITARY SEVER MANHOLE RIM: 1O5.37 DIV. 101.00 E INV. 100.99 i EX. COMMUNICATIONS TONER C 1 11 MEN 35 317 Off MNG RASIERRY ROAD PANDISIT T • REE� RECEIVING PIT CONCRETE LLWAY 111 II / i DRANAGE CONCRETE POND SPILLWAY rrrrl-_Ir�� •.�� 4LF.1 / I•_35_ \ _ \ LOW.S/PROPER ' me/ CONCRETE SPILLWAY DRAINAGE / DRAINAGE POND POND ` \I / / I r IIL}ptpp�Ogp CUT AND PATCH; _ _ _ _ _ CUT AND PITCH U1111PWN W�( Owl.. •:': = D' CHAIN UNK FENCE Corps re view itreGlot CONCRETE SPDIWAY SIX 12+07.31 MN. SLIER IL MOTE IS / INN 131.37 • / NV IN: 12731 NV ON: 127./1 AND PATCH 1 I t — I _ I I I I ia3 I I 1�1 I it r , 1 III III 1 t II I I I11I1 I luluI PROPOSED 20 DOE Eli 11 MITT EAINIE T (11P.) EDGE OF it II I PAVEMENT I III ' I I' 1 1 �I I4Y.I I 1 /t{ I I I 1 1 , IIII1j111 1 II 1 1 IIII IIII'. II STA. 15i00.71 tI111111, I II II /' \I RRk 139.44 NANCE // I 1 NV Ilk 13E73 11� 1j1+ I DN OUT:12605 I VL r T B14 IF. 1S0 SORE PVC I �I 1,,1i1III r llll i t'.e:c.f�-- RICK SCOTT GOVERNOR Florida Department of Transportation 605 Suwannee Sheet Tallahassee, FL 32399-0450 TO: ALL PERMI i"PEES RE: PERMIT NO. 2 H 3 9 5 0 28 OFFICE OF TITE SECRETARY PLEASE MAIM: SURE YOU CONTACT THIS OFFICE 48 HOURS BEFORE Beginning work on this project. THIS PAGE MUST BE RETURNED COMPLETED TO FDOT UPON COMPLETION OF THE PERMIT. FAILURE TO DO SO MAY RESULT IN DELAY IN FUTURE PERMIT APPROVALS. FAX TO THE PERMIT DEPT. @ 850-981-2719 If you have any question contact Heidi Taylor at 981-2737 or e mail at Heidi.Taylor@dot.state.fl.us UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DAFE WORK STARED: DATE WORK COMPLE I ED: INSPECTED BY: DATE: (PERbIITTEE OR AGENT) CHANGE APPROVED BY: (DISTRICT MAINTENANCE ENGINEER OF DESIGNEE) I the undersigned permittee do hereby CERTIFY that the utility construction approved by the above permit number has been inspected and installed in accordance with the approved plan made a part of this permit and in accordance with FDOT'S current UAM. All plan changes have been approved by FDOT'S Engineer and are attached to this permit. I also certify that the work area has been left in as good of better condition than prior to work beginning. PERMITTEE: SIGNATURE: DATE: NAME & TITLE OF AUTHORZED PERMIT IEE OR AGENT Typed or printed legibly www.dot.state.fl.us I RULE 14-08 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT 710-01085 UTILITIES OGC - 08110 SECTION NO.: OSp PERMIT NO.: 1 ? H 3 i 9 STATE ROAD 85 COUNTY Okaloosa p) FDOT construction is proposed or un erway. � °'' ❑ Yes 21 No Financial Pro1ect ID: WA Is this work related to an approved Utility Work Schedule? ❑ Yes ® No If yes, Document Number: PERMITTEE: City of Crestview ADDRESS: 715 N. Ferdon Blvd. TELEPHONE NUMBER: (850) 682 - 6132 CITY/STATE/ZIP: Crestview, FL32536 The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FDOT, to construct, operate and maintain the following: New 15" gravity sewer main to be constructed beneath State Road 85 in Crestview, FL, near the Hospital Drive intersection. The proposed work will include approximately 220' of jack and bore construction. FROM: South side of Hospital Dr (east side of SR 85) I to. Z (ati, TO: 80' north of Hospital Drive CL (west side of SR 85 Submitted for the PERMITTEE by: Name and Company (Typed or Printed Legibly) Contact Information Address/Telephone/E-Mail (If applicable) Signature Date Scott Jenkins, P.E.; Garver, LLC 1234 Airport Road, Suite 126, Destin, FL 32541. 850-837-3330. MSJenkins@GarverUSA.com 7 7.25'42, 1- The Permittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on 7 to the following utilities known to be involved or potentially impacted in the area of the proposed installation: Gulf Power. Okaloosa Gas. Cox Communications 2. The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified a minimum of forty eight (48) ho4rs in advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is • tM-cekey v tic '.�S C rw`l�✓ located at 6025 Old Bagdad Highway , Telephone Number 850-981.30(50 The Perrmittee's employee responsible for MOT is Contractor TBD Telephone Number TBD (This name may be provided at the time of the forty eight (48) hour advance -notice prior to starting work). 3. All work, materials, and equipment shall be subject to inspection and approval by the FDOT Engineer. 4. All plans and installations shall conform to the requirements of the FDOTs LAM in effect as of the date this permit is approved by FOOT, and shall be made a part of this permit. This provision shall not (knit the authority of the FOOT under Paragraph 8 of this Permit 5. This Permittee shall commence actual construction in good faith within 60 days after issuance of permit, and shall be completed within 90 days after the permitted work has begun. If the beginning date is more than sixty (60) days from the date of permit approval, the Pennittee must review the permit with the FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Perrnittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said hokier, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403, Florida Statutes, any utility placed upon, under, over, or abng any public road or publicly owned rail corridor that is found by FOOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FDOT, be removed or relocated by such utility at its own expense except as provided in Section 337.403(1), Florida Statutes, and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Pernittee will coordinate with the FDOT before proceeding and shalt cooperate with the FDOTs contractor to arrange the sequence of work so as not to delay the work of the FDOTs contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FDOTs current UAM. The Permittee shall not be responsible for delay beyond its control. 10, In the case of non-compliance with the FDOT's requirements in effect as of the date this permit is approved, this permit Is void and the facility will have to be brought into compliance or removed from the RAN at no cost to the FOOT, except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 11. it is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Pernfttee of the aforesaid rights and privileges. 12. During construction, all safety regulations of the FOOT shall be observed and the Permittee must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended by the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this pernit acknowledges its present and continuing ownership of its utilities located between Hospital Or ive in Crestview FL feast side of SR 851 and west side of SR 85 - construction is askew underneath SR 85 (see plan view) within the FDOTs RM/ as set forth above. Whenever the Permittee removes its facilities, it shall be at the Perittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Permittee or anyone within the permitted construction limits, the Permittee shall immediately cease work and notify the FOOT. The FOOT shall notify the Permitee of any suspension or revocation of the permit to allow contamination assessment and remediation. Said suspension or revocation shall remain in effect until otherwise notified by FDOT 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FOOT, within its RAN, the Permittee may be required by the FOOT or its agents to perform the following activities with respect to a Perittee's facilities: physically expose or direct exposure of underground facilities, nrnvida any nacassary cunnnrt to fanilitiac and/nr rnvar da-anerni7a nr alter aerial fat -Atlas as deemed narpssary for nmtartlnn and safety p % of 2 r 2 RULE 14.46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT 3950 70,0 � UTILITIES OGC - 08/10 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or Impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utrlfty shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404. 18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act. 19. Special FDOT instructions: MUNE CLOSIRESQUHMS SEE ATTACH D ADDENDUM It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 20. By receipt of this permit, the Pernittee acknowledges responsibility to comply with Section 119.07, Florida Statutes. 21. By the below signature, the Permlttee hereby represents that no change to the FDOTs standard Utility Permit form, as incorporated by reference into Rule 14-46.001, for this Utility Pernit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FOOT Engineer. Are there attachments reflecting change/s to the standard form? ONO ❑ YES If Yes, pages are attached. PERMITTEE City of Crestivew; Brona D. Steele, Director of Public Services I SIGNATURE �,:L__ DATE: .7_ot.F't � ..�. _n Name $ Title of Authorized Permittee or Agent (Ty rPrinted egibly) -. � , ��)� � c� j � izt-r� �/�! � Y � S APPROVED BY: DATE: ISSUE DATE: 9 012_ District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: (Permittee or Agent) ICHANGE APPROVED BY: f District Maintenance Engineer or Designee DATE: I the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permit MS inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT's current UAM. All plan changes have been approved by the FDOTs Engineer and are attached to this permit. f also certify that the work area has been left in as good or better condition than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name 8 Title of Authorized Permittee or Agent (Typed or Printed Legibly) CC: District Permit Office Permittee AN FDOT INSP...CTDR IS REM! ON -SITE DLIFIIN . ' rTOSSING C r s P- 2 2 4 r 4 ADDENDUM TO PERMIT ***The Following Special Conditions Apply 1) Permittee shall be responsible for cost and installation of any traffic control signals required by FDOT. 2) Permittee shall be responsible for any fines associated with this connection and Federal, State, or local Environmental Regulations. 3) Permittee shall furnish the Department with manufacturer's "LEAD FREE" certification, a.k.a., Material Safety Data Sheet, if thermoplastic or paint is used for pavement markings within the FDOT right-of-way. 4) Permittee or Permittee's Engineer will be responsible to verify work performed under driveway, drainage, or utility permits) Is complete as approved. 5) Perrnittee is responsible for restoring FDOT right-of-way to original or better condition after construction is complete. Permittee shall be responsible to clean and grade ditch to the flowline of culverts and/or match adjacent existing conditions. 6) Permittee hereby agrees to adhere to FDOT's Utility Accommodation Manual and FDOT's Roadway and Traffic Design Standard Index 100 series, which relate to EROSION CONTROL in the permitted work area and is further amended to the Permittee to: A) Provisions of the Utility Accommodation Manual and Standard Specifications concerning grassing and restoration of FDOT right-of-way will be strictly enforced. All portions of the Right -of -Way disturbed in the construction of this facility will be sodded, and/or seeded and mulched per FDOT's Index 105. B) Minimum application rates for seeding: It is recommended that permanent grass species be a mixture of Bahia and Bermuda at the rate of 30# each or a total of 60# per acre. (A species variation may occur in some areas as a consideration to adjacent land owners.) The recommended temporary seed application from April through September is Brown Top or Japanese Millet while Annual Rye Grass is sufficient from October through March. Depending on soil conditions, this temporary seed rate may vary 20-30#'s. ALL AREAS are to be reseeded regardless of size. C) Minimum application rates for fertilizer: It is recommended that a granular blend or homogenized fertilizer be applied at the rate of 400# per acre. The minimum analysis (NPK) is 12-8-8 with 80/0 Sulfur. (An acceptable substitute is 13-13-13.) Fertilizer may need to be applied from the edge of pavement to the Right -of -Way line. 7) All seed, sod, and mulch shall be free of noxious weeds and exotic pest plants, as listed in the current Category I "List of Invavisive Species" from Florida Exotic Pest Plant Council (FLEPPC, www.fleppc.org). 8) All lanes must be open within 24 hours after notice, during an evacuation notice of hurricane or other catastrophic event and shall remain open for the duration of the evacuation or event as directed by the local FDOT Maintenance Engineer or his designee. 9) Permittee agrees to remove existing driveways, that will of be used for access, and replace with Type "F" curb & gutter/sidewalk/handicap ramps according to the latest FDOT Roadway and Traffic Design Standard Indices 300, 304, 310, and 515. If the roadway design includes curb & gutter other than Type "F", existing conditions shall be matched. Page 1 of 2 x i 121i 10) THE FOLLOWING ITEMS ARE REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION LN STATE RIGHT OF WAY: 5 12 A. Provide copies of recently sent Utility Notification Letters. B. Provide photos (up to six) of existing conditions along SR 85 within project area. C. Revise site plan to illustrate State right-of-way width on typical cross section. D. Revise site plan to include size and material for proposed casing. E. On the revised site plan, submit only those sheets which pertain to work within State right-of-way. F. Submit plan sheets that have been released for construction are are maximum 11" x 17" in size. G. Clarify if any existing utilities are to be abandoned and left in place at this location. Item # 13 notes that some are being left in place. H. Call 48 hour notice prior to beginning work in State right of way. Page 2 of 2 I t Aileen Brader From: Taylor, Heidi <Heidi.Taylor@dot.state.fl.us> Sent: Friday, May 23, 201410:03 AM To: Aileen Brader Cc: Proctor, Michael; Rice, Kelli; Haughton, Belinda; Haynes, Sherry Subject: RE: City of Crestview FDOT Permit #12H3950128 extension request Aileen, Time is extended until 08/30/14...this is a one year extension from the original expiration date. All original terms and conditions of the issued permit remain in effect. Please be reminded to provide to schedule an inspector for the jack & bore operation at least 48 hours in advance of the proposed work. This needs to be scheduled by calling 850-981-3000 and speaking to someone in the Permits Unit. Thank you, Nei,ki.A. TwVor, Permits Manager 6025 Old Bagdad Highway Milton, FL 32583 850-981-2737 desk 850-981-2719 fax heidi.taylor@dot.state.fl.us Cook, Fred From: Taylor, Heidi [Heidi.Taylor@dot.state.fl.usj Sent: Tuesday, August 12, 2014 3:39 PM To: Cook, Fred Cc: Jamie Eubanks; Scott Jenkins; Rice, Kelli; Proctor, Michael Subject: FDOT # 12H3950128... Lowe's Area Trunk Sewer Project Fred, Permit is extended for a period of 6 months as requested. New expiration date will be 02-28-15. All original terms and conditions of the issued permit remain in effect. We would like to attend any pre -construction meeting held for the project. Thank you, Permits Manager 6025 Old Bagdad Highway Milton, FL 32583 850-981-2737 desk 850-981-2719 fax heidi.tavlor@dot.state.fl.us From: Cook, Fredfmailto:fredcook@citvofcrestview.orgj Sent: Tuesday, August 12, 2014 2:40 PM To: Taylor, Heidi Cc: Jamie Eubanks; Scott Jenkins Subject: Lowe's Area Trunk Sewer Project RE: DOT Permit # 12H3950128 Heidi: In follow-up to our phone conversation, the City hereby requests a 6 month extension on the referenced permit. The extension would put the new expiration date at Feb. 30, 2015 (Mar. 2). This project has had several setbacks, but we are very close to going out to bid now. The attached document shows a timeline and history of the overall project - which was started in late 2006. The last two pages of the document are the most pertinent; the first two were actually done for City Council review and information. Please consider this request. Thank -you for your help. Fred Fred B. Cook, P.E. City Engineer City of Crestview, Florida (850) 682-613Z Ext. 109 This Instrument Prepared by: J. JEROME MILLER, Esq. PLEAT & PERRY, P.A. 4477 Legendary Drive, Suite 202 Destin, FL 32541 Fla. Bar No. 0128569 Phone: (850) 650-0599 Parcel ID # 29-3N-23-0000-0015-0000 UTILITY EASEMENT 1x DEet,kc3E,ei 3 THIS EASEMENT made and entered into on this day of September,.-3A4-2, by and between CRESTVIEW TRADING COMPANY, LLC, a Florida Limited Liability Corporation, whose address is 7465 N. Palafox Street, Pensacola, Florida 32503, (herein referred to as "Grantor"), and CITY OF CRESTVIEW, a municipal corporation, whose address is P.O. Drawer 1209, Crestview, FL 32536 (herein referred to as "Grantee"). THE PARTIES RECITE AND DECLARE: A. GRANTOR is seized in fee simple and in possession of the property described as: BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, THENCE SOUTH 1070 FEET; THENCE EAST 679.19 FEET; THENCE SOUTH 14 DEGREES 18'30" WEST ALONG HIGHWAY 85 RIGHT OF WAY 420 FEET FOR POB; THENCE CONTINUE SOUTH 14 DEGREES 18'30" WEST 210 FEET; THENCE WEST 510.07 FEET TO ONE-HALF SECTION LINE OF SAID SECTION; THENCE NORTH ALONG ONE-HALF SECTION LINE 208 FEET; THENCE EAST 560.76 FEET TO POB ALL LYING AND BEING IN OKALOOSA COUNTY, FLORIDA. B. GRANTOR has agreed, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to grant to Grantee, its successors and assi . ns, an easement and does hereby grant unto Grantee, its successors and assigns, a perpetual easement for the purpose of installation and maintenance of a 15" Gravity Sewer Pipeline on, over, under and above the following described real property in Okaloosa County, Florida, to -wit: UTILITY EASEMENT NUMBER 1 A UTILITY EASEMENT LYING AND BEING IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE SOUTH 88 DEGREES 30 MINUTES 35 SECONDS EAST, A DISTANCE OF 1930.09 FEET; THENCE SOUTH 01 DEGREES 27 1 MINUTES 15 SECONDS WEST , A DISTANCE OF 1221.56 FEET; THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST , A DISTANCE OF 703.10 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS WEST , A DISTANCE OF 260.56 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 88 DEGREES 31 MINUTES 52 SECONDS EAST, A DISTANCE OF 563.67 FEET TO THE WESTERLY RIGHT OF WAY LINE STATE ROAD 85; THENCE SOUTH 15 DEGREES 23 MINUTES 52 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85, A DISTANCE OF 47.37 FEET; THENCE NORTH 50 DEGREES 06 MINUTES 41 SECONDS WEST, A DISTANCE 41.71 FEET THENCE NORTH 88 DEGREES 31 MINUTES 52 SECONDS WEST A DISTANCE OF 519.60 FEET; THENCE NORTH 01 DEGREE 27 MINUTES 24 SECONDS EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.26 ACRES MORE OR LESS. together with all rights and privileges reasonably necessary or convenient for the enjoyment or use thereof for the purposes above -described and including the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the rights herein granted. Grantor hereby agrees not to use the above -described property for any purpose inconsistent with the easement rights granted to Grantee herein and also agrees that no building, permanent structure, or any other structure that interferes with Grantee's easement rights shall be erected over or upon the above -described property. The Grantor covenants that it has the right to convey the easement herein granted and that the Grantee shall have quiet and peaceable possession, use and enjoyment of said easement. The grant of easement and other provisions of this easement shall constitute a covenant running with the land for the benefit of the Grantee. NESS W REOF, the Grantor has signed and sealed these presents this )(lay of 2-01.3 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: L----\ iiiatureof Iness GREGORY M. CLAEBOE Printed Name of Witness 2 CRESTVIEW TRADING CO., LLC Aco'do-Limited ia�jility, cor pany B DONALD OORE Managing Member Si aturtf Witness JUDY L. BOWEN Printed Name of Witness STATE OF FLORIDA COUNTY OF OKALOOSA Z4)6 The foregoing instrument was acknowledged before me this ay of ..--284-2; by DONALD W. MOORE, the Managing Member of CRESTVIEW TRADING CO., LLC, a Florida Limited Liability Company on behalf of the company, who is: personally known to me or who has produced SEAL: SIGNA U as identification OF NOTARY 'UBLIC r1 PRINTED NAME OF 1` My Commission Expire 3 PUBI�I�� N L MALONE 1062 EXPIRES MAY 14 2016 BONDED THROUGH RLI INSURANCE COMPANY " I//1IYC 88�20'09" E 703.10' S 88�20'09" E 250.05' EASEMENT AREA N 88�20'09" W 250.05 3. I SEMENT ER 2 BEACH COMMUNITY BANK 30' FIDE PERPETUAL EASEMENT FOR WATER AND SEWER UTILITIES 0 2 W 463.67' 21st CENTURY ONCOLOGY P.O. B. OF EASEMENT NUMBER 1 EXHIBIT "A" (EASEMENT NO. >) - 5.00' OLD HUB CITY FORD PAINT SHOP N SCALE: 1"= 100' EASEMENT AREA S 88�31'52" E 563. 67 EASEMENT AREA S 88�31'52" E 519.60 LPROPOSED 20' WIDE UTILITY EASEMENT GOLDEN ASIAN BUFFET (CRESTVIEW TRADING CO., LLC) S 88�47'40" E 513.86'  20' WIDE PERPETUAL EASEMENT FOR WATER AND SEVER UTILITIES NOTE: LEGAL DESCRIPTION & SKETCH PREPARED BY GARVER, LLC; EXHIBIT PREPARED BY CITY OF CRESTVIEW PUBLIC SERVICES DEPARTMENT. 9-7-12 This Instrument Prepared by: J. JEROME MILLER, Esq. PLEAT, PERRY & Ritchie, P.A. 4477 Legendary Drive, Suite 202 Destin, FL 32541 Fla. Bar No. 0128569 Phone: (850) 650-0599 Parcel ID # 29-3N-23-0000-0025-0160 UTILITY EASEMENT f THIS EASEMENT made and entered into on this day of December, 2013, by and between CRESTVIEW CROSSING POWER CENTER, LC, a Florida limited liability company, whose address is 17 SE Eglin Parkway, Ft. Walton Beach, Florida 32548, (herein referred to as "Grantor"), and CITY OF CRESTVIEW, a municipal corporation, whose address is P. O. Drawer 1209, Crestview, FL 32536 (herein referred to as "Grantee"). THE PARTIES RECITE AND DECLARE: A. GRANTOR is seized in fee simple and in possession of the property described as: The parcel is described in Exhibit A, attached hereto and made a part hereof by reference less and except the parcels described in Exhibit B, attached hereto and made a part hereof by reference. B. GRANTOR has agreed, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to grant to Grantee, its successors and assigns, an easement and does hereby grant unto Grantee, its successors and assigns, a perpetual easement for the purpose of installation and maintenance of a 15" Gravity Sewer Pipeline on, over, under and above the following described real property in Okaloosa County, Florida; to -wit: UTILITY EASEMENT NUMBER 2 A UTILITY EASEMENT LYING AND BEING IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORHTWEST CORNER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY. FLORIDA AND THENCE SOUTH 88 DEGREES 30 MINUTES 35 SECONDS EAST, A DISTANCE OF 1930.09 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 15 SECONDS WEST, A DISTANCE OF 1221.56 FEET; THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST, A DISTANCE OF 423.10 FEET; THENCE SOUTH 01 DEGREES 39 MINUTES 51 SECONDS WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST: A 1 DISTANCE OF 250.05 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 15 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 88 DEGREES 20 MINUTES 09 SECONDS WEST, A DISTANCE OF 250.05 FEET; THENCE NORTH 01 DEGREES 39 MINU 1'ES 51 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.11 ACRES. MORE OR LESS. See Exhibit C which is made a part hereof by reference. together with all rights and privileges reasonably necessary or convenient for the enjoyment or use thereof for the purposes above -described and including the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the rights herein granted. Grantor hereby' agrees not to use the above -described property for any purpose inconsistent with the easement rights granted to Grantee herein and also agrees that no building, permanent structure, or any other structure that interferes with Grantee's easement rights shall be erected over or upon the above -described property. The Grantor covenants that it has the right to convey the easement herein granted and that the Grantee shall have quiet and peaceable possession, use and enjoyment of said easement. The grant of easement and other provisions of this easement shall constitute a covenant running with the land for the benefit of the Grantee. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents this day of December. 2013. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CRESTVIEW CROSSING POWER CENTER, LLC A Florida Limited Liability Company BY: \\ess COTT4Ic ORMICK Ur_ Kt. V .5 N P ted Name of Witness ttL /6-Mt677-17v Signature of Witness U i L' -0 r(C2 - gemsorl Pnnted Name of Witness 2 Manager STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this `'= day of December 2013, by SCOTT McCORMICK, a Manager of CRESTVIEW CROSSING POWER CENTER, LLC, a Florida Limited Liability Company, on behalf of the limited liability company, who is: ✓ personally known to me or who has produced SEAL: UZ MUNN Notary Public, Stara of Florida My Comm. Expires Sapt 19, 2017 Can assion No. FF 31880 as identification PRINTED NAME OF NOTARY PUBLIC My Commission Expires: t -19 - 1"1 3 S 88'30'35" E 1930.09' P.O.C. NORTHWEST CORNER OF SECTION 29, TOWNSHIP 3 NORTH. RANGE 23 WEST. OKALOOSA COUNTY,FLORIDA UTILITY EASEMENT NUMBER 2 EXHIBIT "C" (EASEMENT N0. 2) S 88.20'09" E 423.10' I S 01'39'51" x' J� 15.00' N 01•39'51" E �� 20.00' CRESCENT PARK DEV, INC. PHYSICIANS DRIVE S 88°20'09" E 703.10' S 88'20'09" E 250.05' EASEMENT AREA N 88°20'09" W 250,05 P.O. B. OF EASEMENT NUMBER 2 A UTILITY EASEMENT LYING AND BEING IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA AND THENCE SOUTH 88 DEGREES 30 MINUTES 35 SECONDS EAST, A DISTANCE OF 1930.09 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 15 SECONDS WEST, A DISTANCE OF 1221.56 FEET; THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST, A DISTANCE OF 423.10 FEET; THENCE SOUTH O1 DEGREES 39 MINUTES 51 SECONDS WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST, A DISTANCE OF 250.05 FEET; THENCE SOUTH 01 DECREES 27 MINUTES 15 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 88 DEGREES 20 MINUTES 09 SECONDS WEST, A DISTANCE OF 250.05 FEET; THENCE NORTH O1 DEGREES 39 MINUTES 51 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.11 ACRES MORE OR LESS. NOTE: LEGAL DESCRIPTION & SKETCH PREPARED BY GARVER, LLC; EXHIBIT PREPARED BY CITY OF CRESTVIEW PUBLIC SERVICES DEPARTMENT. fo-10-12 BE4CH COMMUNITY KINK SO' WIDE PERPETUAL EASEMENT FOR WATER AND SEWER UTILITIES N o 0 :' Q 21st CENTURY ONCOLOGY P.O. B. OF EASEMENT NUMBER 1 EASEMENT AREA GOLDEA This Instrument Prepared by: J. JEROME MILLER, Esq. PLEAT, PERRY & RITCHIE, P.A. 4477 Legendary Drive, Suite 202 Destin, FL 32541 Fla. Bar No. 0128569 Phone: (850) 650-0599 Parcel ID # 29-3N-23-0000-0025-0160 UTILITY EASEMENT THIS EASEMENT made and entered into on this y of December, 2013, by and between CRESTVIEW CROSSING POWER CENTER, LLC, a Florida Limited Liability Company, whose address is 17 SE Eglin Parkway, Ft. Walton Beach, Florida 32548, (herein referred to as "Grantor"), and CITY OF CRESTVIEW, a municipal corporation, whose address is P. O. Drawer 1209, Crestview, FL 32536 (herein referred to as "Grantee"). THE PARTIES RECITE AND DECLARE: A. GRANTOR is seized in fee simple and in possession of the property described as: The parcel is described in Exhibit A, attached hereto and made a part hereof by reference less and except the parcels described in Exhibit B, attached hereto and made a part hereof by reference. B. GRANTOR has agreed, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to grant to Grantee, its successors and assigns, an easement and does hereby grant unto Grantee, its successors and assigns, a perpetual easement for the purpose of installation and maintenance of a 15" Gravity Sewer Pipeline on, over, under and above the following described real property in Okaloosa County, Florida, to -wit: UTILITY EASEMENT NUMBER 3 A UTILITY EASEMENT LYING AND BEING IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA AND THENCE SOUTH 88 DEGREES 30 MINUTES 35 SECONDS EAST, A DISTANCE OF 1930.09 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 15 SECONDS WEST, A DISTANCE OF 1221.56 FEET; THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST, A DISTANCE OF 703.10 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS WEST, A DISTANCE OF 463.67 FEET; THENCE SOUTH 88 DEGREES 47 1 " MINUTES 40 SECONDS EAST, A DISTANCE OF 513.86 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85; THENCE SOUTH 15 DEGREES 24 MINUTES 15 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85, A DISTANCE OF 727.14 FEET; THENCE NORTH 88 DEGREES 41 MINUTES 44 SECONDS WEST A DISTANCE OF 338.59 FEET, THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS WEST, A DISTANCE OF 90.90 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 27 SECONDS WEST A DISTANCE OF 446.90 FEET; THENCE SOUTH 49 DEGREES 34 MINUTES 20 SECONDS WEST, A DISTANCE OF 109.49 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 770.05 FEET WITH AN ARC LENGTH OF 147.26 RUNNING THROUGH AN CENTRAL ANGLE OF 10 DEGREES 57 MINUTES 24 SECONDS (CHORD BEARING: NORTH 83 DEGREES 05 MINUTES 00 SECONDS WEST, CHORD DISTANCE: 147.03 FEET) TO THE POINT OF TANGENCY; THENCE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 91.57 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 18 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 99.52 FEET; THENCE NORTH 01 DEGREES 26 MINUTES 18 SECONDS EAST, A DISTANCE OF 23.00 FEET; THENCE NORTH 78 DEGREES 44 MINUTES 23 SECONDS EAST, A DISTANCE OF 102.02 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 17 SECONDS WEST, A DISTANCE OF 45.43 FEET TO THE POINT OF BEGINNING. See Exhibit C which is made a part hereof by reference. together with all rights and privileges reasonably necessary or convenient for the enjoyment or use thereof for the purposes above -described and including the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the rights herein granted. Grantor hereby agrees not to use the above -described property for any purpose inconsistent with the easement rights granted to Grantee herein and also agrees that no building, permanent structure, or any other structure that interferes with Grantee's easement rights shall be erected over or upon the above -described property. The Grantor covenants that it has the right to convey the easement herein granted and that the Grantee shall have quiet and peaceable possession, use and enjoyment of said easement. The grant of easement and other provisions of this easement shall constitute a covenant running with the land for the benefit of the Grantee. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents this i (i ay of 2 4 " December, 2013. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CRESTVIEW CROSSING POWER CENTER, LLC A Florida Limited Liability Company BY: Signatu Printed Name of Witness h- Signature of Witness aOrteU L, Baur) Printed Name of Witness STATE OF FLORIDA COUNTY OF OKALOOSA SCOTT McCORMI Manager The foregoing instrument was acknowledged before me this \Ckday of December 2013, by SCOTT McCORMICK, a Manager of CRESTVIEW CROSSING POWER CENTER, LLC, a Florida Limited Liability Company, on behalf of the limited liability company, who is: personally known to me or who has produced l as identification SEAL: " 1.12 MUNN Notary Public, State of Forida My Comm. Expires Sept 19, 2017 Commission No. FF 31860 Nr-", SIGNATURE AR UBLIC L.iZ L) PRINTED NAME OF NOTARY PUBLIC My Commission Expires: - \ Q _ 17 3 4 3 EXHIBIT "C " 0 (EASEMENT N0. 3) U BEACH COMMUNITY B4NK 4 NQ o / i ro h y 0 2 N 78 4423" E f02.02, EASEMENT AREA P. O. B. OF EASEMENT NUMBER 3 N 88°33'42" W PT 91.57' N 88°33'42" W 374.36' CROSSON DRIVE S 88°33'42" E 214.84' N 88'33'42 S 88°33'42" E 2000'. BEACH COMMUNITY BANK UTILITY EASEMENT NUMBER 3 P.O. B. OF EASEMENT NUMBER 4 99.52N 88°33'42' W ¢> . 60.00' 2 A UTILITY EASEMENT LYING AND BEING IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA AND THENCE SOUTH 88 DEGREES 30 MINUTES 35 SECONDS EAST, A DISTANCE OF 1930.09 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 15 SECONDS WEST, A DISTANCE OF 1221.56 FEET; THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST, A DISTANCE OF 703.10 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS WEST, A DISTANCE OF 463.67 FEET; THENCE SOUTH 88 DEGREES 47 MINUTES 40 SECONDS EAST, A DISTANCE OF 513.86 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85; THENCE SOUTH 15 DEGREES 24 MINUTES 15 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85, A DISTANCE OF 727.14 FEET; THENCE NORTH 88 DEGREES 41 MINUTES 44 SECONDS WEST, A DISTANCE OF 338.59 FEET; THENCE SOUTH 01 DECREES 27 MINUTES 24 SECONDS WEST, A DISTANCE OF 90.90 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 27 SECONDS WEST , A DISTANCE OF 446.90 FEET; THENCE SOUTH 49 DEGREES 34 MINUTES 20 SECONDS WEST, A DISTANCE OF 109.49 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 770.05 FEET WITH AN ARC LENGTH OF 147.26 RUNNING THROUGH AN CENTRAL ANGLE OF 10 DEGREES 57 MINUTES 24 SECONDS (CHORD BEARING: NORTH 83 DEGREES 05 MINUTES 00 SECONDS WEST, CHORD DISTANCE: 147.03 FEET) TO THE POINT OF TANGENCY,. THENCE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 91.57 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 18 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 99.52 FEET; THENCE NORTH 01 DEGREES 26 MINUTES 18 SECONDS EAST, A DISTANCE OF 23.00 FEET; THENCE NORTH 78 DEGREES 44 MINUTES 23 SECONDS EAST, A DISTANCE OF 102.02 FEET; THENCE SOUTH 01 DECREES 26 MINUTES 17 SECONDS WEST, A DISTANCE OF 45.43 FEET TO THE POINT OF BEGINNING. ARC LENOThy_ 4 RAD/USn77 147, 26. CHORD EL TA=10°5 7'24^ CHORD LEN�N B3• CCTy=147,g3 .00.. tf V� 99 0 NOTE.' LEGAL DESCRIPTION & SKETCH PREPARED BY GARVER, LLC, EXHIBIT PREPARED BY CITY OF CRESTVIEW PUBLIC SERVICES DEPARTMENT. 10-10-12 A. Parcel ID # 29-3N-23-0000-0025-0160 UTILITY EASEMENT G This Instrument Prepared by: J. JEROME MILLER, Esq. PLEAT, PERRY & RITCHIE, P.A. 4477 Legendary Drive. Suite 202 Destin, FL 32541 Fla. Bar No. 0128569 Phone: (850) 650-0599 THIS EASEMENT made and entered into on this day of December, 2013, by and between CRESTVIEW CROSSING POWER CENTER, LC., a Florida limited liability company, whose address is 17 SE Eglin Parkway, Ft. Walton Beach. Florida 32548, (herein referred to as "Grantor"), and CITY OF CRESTVIEW, a municipal corporation, whose address is P. O. Drawer 1209, Crestview, FL 32536 (herein referred to as "Grantee"). THE PARTIES RECITE AND DECLARE: A. GRANTOR is seized in fee simple and in possession of the property described as: The parcel is described in Exhibit A, attached hereto and made a part hereof by reference less and except the parcels described in Exhibit B, attached hereto and made a part hereof by reference. B. GRANTOR has agreed, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to grant to Grantee, its successors and assigns, an easement and does hereby grant unto Grantee, its successors and assigns, a perpetual easement for the purpose of installation and maintenance of a 15" Gravity Sewer Pipeline on, over, under and above the following described real property in Okaloosa County, Florida, to -wit: UTILITY EASEMENT NUMBER 4 A UTILITY EASEMENT LYING AND BEING IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; SOUTH 88 DEGREES 30 MINUTES 35 SECONDS EAST, A DISTANCE OF 1930.09 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 15 SECONDS WEST A DISTANCE OF 1221.56 FEET; THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST, A DISTANCE OF 703.10 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS WEST, A DISTANCE OF 463.67 FEET; THENCE SOUTH 88 DEGREES 47 MINUTES 40 SECONDS EAST, A DISTANCE OF 513.86 FEET TO THE WESTERLY 1 RIGHT OF WAY LINE OF STATE ROAD 85; THENCE SOUTH 15 DEGREES 24 MINUTES 15 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85; THENCE SOUTH 15 DEGREES 24 MINUTES 15 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85, A DISTANCE OF 727.14 FEET; THENCE NORTH 88 DEGREES 41 MINUTES 44 SECONDS WEST, A DISTANCE OF 338.59 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS WEST, A DISTANCE OF 90.90 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 446.90 FEET; THENCE SOUTH 49 DEGREES 34 MINUTES 20 SECONDS WEST A DISTANCE OF 109.49 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 770.05 FEET WITH AN ARC LENGTH OF 147.26 RUNNING THROUGH AN CENTRAL ANGLE OF 10 DEGREES 57 MINUTES 24 SECONDS (CHORD BEARING; NORTH 83 DEGREES 05 MINUTES 00 SECONDS WEST, CHORD DISTANCE: 147.03 FEET) TO THE POINT OF TANGENCY; THENCE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 91.57 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 18 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 374.36 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 18 SECONDS WEST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 42 SECONDS EAST, A DISTANCE OF 214.84 FEET; TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 33 MINUTES 42 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 18 SECONDS WEST, A DISTANCE OF 351.88 FEET; THENCE SOUTH 72 DEGREES 51 MINUTES 19 SECONDS WEST, A DISTANCE OF 174.37 FEET TO THE POINT OF CURVATURE; THENCE ALONG A CURVE TURNING TO THE LEFT THROUGH A CENTRAL ANGLE OF 11 DEGREES 59 MINUTES 32 SECONDS, AND HAVING AN ARC LENGTH OF 69.07 FEET; WITH A RADIUS OF 330.00 FEET; (CHORD BEARING: SOUTH 66 DEGREES 50 MINUTES 11 SECONDS WEST, CHORD LENGTH: 68.94 FEET) TO THE POINT OF TANGENCY; THENCE SOUTH 61 DEGREES 22 MINUTES 38 SECONDS WEST, A DISTANCE OF 207.13 FEET; THENCE SOUTH 84 DEGREES 49 MINUTES 41 SECONDS WEST; A DISTANCE OF 847.60 FEET; THENCE NORTH 04 DEGREES 00 MINUTES 26 SECONDS EAST, A DISTANCE OF 20.26 FEET; THENCE NORTH 84 DEGREES 49 MINUTES 41 SECONDS EAST, A DISTANCE OF 283.21 kEET; THENCE NORTH 83 DEGREES 17 MINUTES 25 SECONDS EAST, A DISTANCE OF 277.39 FEET; THENCE NORTH 86 DEGREES 20 MINUTES 23 SECONDS EAST, A DISTANCE OF 279.4 FEET; THENCE NORTH 61 DEGREES 22 MINUTES 38 SECONDS EAST, A DISTANCE OF 150.72 FEET; THENCE NORTH 72 DEGREES 51 MINUTES 19 SECONDS EAST, A DISTANCE OF 277.55 FEET; THENCE NORTH 01 DEGREES 26 MINUTES 18 SECONDS EAST, A DISTANCE OF 356.50 FEET TO THE POINT OF BEGINNING, CONTAINING 0.70 ACRES MORE OR LESS. 2 i See Exhibit C which is made a part hereof by reference. together with all rights and privileges reasonably necessary or convenient for the enjoyment or use thereof for the purposes above -described and including the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the rights herein granted. Grantor hereby agrees not to use the above -described property for any purpose inconsistent with the easement rights granted to Grantee herein and also agrees that no building, permanent structure, or any other structure that interferes with Grantee's easement rights shall be erected over or upon the above -described property. The Grantor covenants that it has the right to convey the easement herein granted and that the Grantee shall have quiet and peaceable possession, use and enjoyment of said easement. The grant of easement and other provisions of this easement shall constitute a covenant running with the land for the benefit of the Grantee. dik IN WITNESS WHEREOF, the Grantor has signed and sealed these presents this it day of December, 2013. SIGNED, SEALED AND DELIVERED IN THL PRESENCE OF: Signatur ness Printed Name of Witness ke,taci gatty7,-) Sirnature of Witness (C)fDir(4. 1- • BP,./MD 11 Printed Name of Witness 3 CRESTVIEW CROSSING POWER CENTER, LLC A Florida Limited Liability Company BY: SCOTT McC RMICK Manager STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this day of December 2013, by SCOTT McCORMICK, a Manager of CRESTVIEW CROSSING POWER CENTER, LLC, a Florida Limited Liability Company, on behalf of the limited liability company, who is: personally known to me or who has produced r, as identification SEAL: SIGNAT�TA Y PUBLIC (-Az_ 1.J\ v i3 tJ PRINTED NAME OF NOTARY PUBLIC My Commission Expires: C1/4 - kq - 4 EXHIBIT "C " (EASEMENT N0. 4) UTILITY EASEMENT NUMBER 4 A UTILITY EASEMENT LYING AND BEING IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, ONALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST. OICALOOSA COUNTY, FLORIDA; SOUTH 88 DECREES 30 MINUTES 35 SECONDS EAST, A DISTANCE OF 1930.09 FEET; THENCE SOUTH O1 DECREES 27 MINUTES 15 SECONDS WEST, A DISTANCE OF 1221.56 FEET; THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST, A DISTANCE OF 703.10 FEET; THENCE SOUTH 01 DECREES 27 MINUTES 24 SECONDS WEST, A DISTANCE OF 463.67 FEET; THENCE SOUTH 88 DECREES 47 MINUTES 40 SECONDS EAST, A DISTANCE OF 513.86 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85; THENCE SOUTH 15 DEGREES 24 MINUTES 15 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE OF STATE ROAD 85, A DISTANCE OF 727.14 FEET; THENCE NORTH 88 DECREES 41 MINUTES 44 SECONDS WEST, A DISTANCE OF 338.59 FEET; THENCE SOUTH 01 DECREES 27 MINUTES 24 SECONDS WEST, A DISTANCE OF 90.90 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 446.90 FEET; THENCE SOUTH 49 DECREES 34 MINUTES 20 SECONDS WEST, A DISTANCE OF 109.49 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 770.05 FEET WITH AN ARC LENGTH OF 147.26 RUNNING THROUGH AN CENTRAL ANGLE OF 10 DECREES 57 MINUTES 24 SECONDS (CHORD BEARING; NORTH 83 DEGREES 05 MINUTES 00 SECONDS WEST, CHORD DISTANCE: 147.03 FEET) TO THE POINT OF TANGENCY,' THENCE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 91.57 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 18 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OF 374.36 FEET; THENCE SOUTH O1 DEGREES 26 MINUTES 18 SECONDS WEST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 42 SECONDS EAST, A DISTANCE OF 214.84 FEET; TO THE POINT OF BEGINNING: THENCE SOUTH 88 DEGREES 33 MINUTES 42 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH O1 DECREES 26 MINUTES 18 SECONDS WEST, A DISTANCE OF 351.88 FEET; THENCE SOUTH 72 DECREES 51 MINUTES 19 SECONDS WEST, A DISTANCE OF 174.37 FEET TO THE POINT OF CURVATURE; THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST THROUGH A CENTRAL ANGLE OF 11 DEGREES 69 MINUTES 30 SECONDS. AND HAVING AN ARC LENGTH OF 69.07 FEET; WITH A RADIUS OF 930.00 FEET; (CHORD BEARING: SOUTH 66 DEGREES 50 MINUTES 16 SECONDS WEST, CHORD LENGTH.' 68.94 FEET) TO THE POINT OF TANGENCY; THENCE SOUTH 61 DEGREES 22 MINUTES 38 SECONDS WEST, A DISTANCE OF 207.13 FEET; THENCE SOUTH 84 DEGREES 49 MINUTES 41 SECONDS WEST. A DISTANCE OF 847.60 FEET; THENCE NORTH 04 DEGREES 00 MINUTES 26 SECONDS EAST, A DISTANCE OF 20.26 FEET; THENCE NORTH 84 DEGREES 49 MINUTES 41 SECONDS EAST, A DISTANCE OF 283.21 FEET; THENCE NORTH 83 DEGREES 17 MINUTES 25 SECONDS EAST, A DISTANCE OF 277.39 FEET; THENCE NORTH 88 DEGREES 20 MINUTES 26 SE'CONDS EAST, A DISTANCE OF 279.94 FEET; THENCE NORTH 61 DEGREES 22 MINUTES 38 SECONDS EAST, A DISTANCE OF 150.72 FEET; THENCE NORTH 72 DECREES 51 MINUTES 19 SECONDS EAST. A DISTANCE OF 277.65 FEET; THENCE NORTH 01 DEGREES 26 MINUTES 18 SECONDS EAST, A DISTANCE OF 356.50 FEET TO THE POINT OF BEGINNING. CONTAINING 0.70 ACRES MORE OR LESS. N 01.00'26-E \` 20 26' \ N 60I8'IP 6 :AIRMEN? 0f NT S BIYB'II' K NVYBES B£A 5 6 63.21. ,ONE'S MOLE CENTERS, BAG BEACH COMMUNITY OINK s 6I IB'Ir NOTATAWIRE 66.30'26. £ NOTE. LEGAL DESCRIPTION A SKETCH PREPARED BY CARVER. LLC; EXHIBIT PREPARED BY CITY OF CRESTVIEW PUBLIC SERVICES 6i1••RTMENT. NB-to-r2 N Bear cowuan BM« 02 P.O. B. or WEIR NUMBER 3 N BB': ram_ e 66.33'I2- I 374.36' N 8d33 IY CROSSON DRIVE S 66.33', £ zn.Bl BEACH COMMUNITY BANI( BEACH COMMUNITY Bob( EP 5 P.O. B. Or NUB m UPYG bASLMEM Td• 04.66 ME' 68.6.3N 68•33 I 60.00 e 1 his Instrument Prepared h): Parcel iD # 29-3N-23-0000-0025-016A UTILITY EASEMENT THIS EASi:M1NT made and entered into on this _ day of December, 2013, by and between L.OWE.'S HOME: CENTERS. TLC, a North Carolina Limited Liability Company (formerly Lowe's Home Centers, Inc.. a North Carolina Corporation). whose address is 1605 Curtis Bridge Road. Wilkesboro. North Carolina. 28697, (herein referred to as "Granter'). and CITY OF C'RFSTViEW. a Florida municipal corporation, whose address is P. O. Drawer 1209, Crestview. FE, 32536 (herein referred to as "Grantee'"). THE PARTIES RECITE AND DECLARE: A. GRANTOR is seined in lee simple and in possession of the property described as: The parcel is described in Exhibit A. attached hereto and made a part hereof by reference. B. GRANTOR has agreed, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to grant to Grantee. its successors and assigns, an easement and dues hereby grant unto Grantee, its successors and assigns, a non-excluske perpetual easement for the purpose of installation and maintenance of an underground 15" Gravity it Sewer Pipeline (except Ibr manhole covers that will be flush with the finished ground surface) on, over. under and above the following described real property in Okaloosa Count, Florida. (the "Easement Area") to -licit: UTILITY EASEMENT NUMBER 5 A UTiLITY EASEMENT LYING AND BEING IN SECTION 29, TOWNSHIP 3 NORTH. RANGE 23 WEST. OKALOOSA COUNTY. ELORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT LH1: NORTIIWE ST .CORNE.R OF SECTION 29. TOWNSHIP 3 NORTH. RANGE: 23 WEST. OKAE_OOSA COL_ ;NI Y. FLORIDA: SOUTH 88 DEGREES 30 MINUTES 35 SECONDS EAST. A DISTANCE OF 1930.09 FEET: TEIENCE SOUTII 01 DEGREES 27 Iti-flNUTES 5 SECONDS WEST. A DISTANCE OE 1221.56 FEET: THENCE SOUTH 88 DEGREES 20 MINUTES 09 SECONDS EAST. A DISiANCE OF 703.10 FELI: THENCE, SOU', 01 DEGREES 27 M1Nt TTES 24 SECONDS WEST. A DIS1ANCL ()I- 463.67 FEEL: THENCE SOt TH 88 DEGREES 47 MINI TES 40 SECONDS E AS F. A D1S-i:ANC'E OF 513.86 FIAJ TO I HE: WESTERLY RIGHT OF WAY LINE. OE STATE ROAD 85: THENCE SOUTIi 15 DEGREES 24 MINUTES TE:S 15 SECONDS 1' ES-I..ALONG SAID WESTERLY R1GH1 OF WAY LINE OF STATE ROAD 85. A DISTANCE OF 727.14 FEET: I r THENCE NORTH 88 DECKLES 41 MINUTES 44 SECONDS WEST. A DISTANCE: OF 338.59 FEET; THENCE SOU -VI 101 DEGREES 27 MINUTES 24 SECONDS WEST", A DISTANCE OF 90.90 FEET: TI IENCE SOUTEI 89 DEGREES ES 44 MINUTES 27 SECONDS WEST. A DISTANCE OF 446.90 FEET: THENCE: SOT.rm 49 DEGREES 34 MINUTES 20 SECONDS WEST. A DISTANCE: OF 109.49 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE; CONCAVE To TIES SOUTHWEST AND HAVING A RADIUS OF 770.05 FEET Vb ITFI AN ARC LENGTH OF 147.26 RUNNING THROUGH AN CENTRAL ANGLE: OF 10 DEGREES 57 MINUTES 24 SECONDS (CIIORD (SEARING: NORTH 83 DEGREES 05 MINUTES 00 SECONDS WEST-. CHORD DISTANCE; 147.03 FEET) TO THE KANT OF TANGENCY: THENCE: NOR III 88 DEGREES 33 MINUTES 42 SECONDS WEST. A DISTANCE OF 91.57 FEET: THENCE SOUTIT 01 DEGREES 26 MINI fTES 18 SECONDS WEST. A DISTANCE, OF 15.00 FEET: THENCE: NORTH 88 DEGREES 33 MINUTES 42 SECONDS WEST, A DISTANCE OFF 374.36 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 18 SECONDS WEST. A DISTANCE OF 50.00 FEET: THENCE SOUTH 88 DEGREES 33 MINI JES 42 SECONDS EAST. A DISTANCE OF 214.84 FEET: THENCE CONTINUE SOUTH 88 DEGREES 33 MINLITES 42 SECONDS FAST. A DISTANCE OF 20.00 FEET: THENCE SOUTH 01 DEGREES 26 MINUTES 18 SECONDS WEST. A DISTANCE OF 351.88 FEET: T I IE.NCE SOUTH 72 DEGREES 51 MINUTES 19 SECONDS WEST, A DISTANCE. OF 174.37 FEET: TO A POINT OF A CURVATURE; THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 330.00 FEET WTHI AN ARC LENGTH OF 69.07 RUNNING THROUGH AN CENTRAL ANGLE: OF 11 DEGREES 59 MINUTES 32 SECONDS (CHORD [SEARING: SOUTH 66 DEGREES 50 MINUTES 11 SECONDS WEST. CHORD DISTANCE:: 68.94 FEET) TO THE POINT OF TANGENCY: THENCE SOUTH 61 DEGREES 22 MINUTES 38 SECONDS WEST. A DISTANCE; OF 207.13 FEET; THENCE SOUTH 84 DEGREES 49 MINUTES 41 SECONDS WEST. A DISTANCE OF 827.34 FEET TO THE.: POINT OF BEGINNING: THENCE SOUTH 04 DEGREES (X) MINUTES 26 SECONDS WEST. A DISTANCE: OF 301.43 FEET; THENCE SOUTH 71 DEGREES 05 MINUTES 41 SECONDS WEST. A DISTANCE: OF 16.79 FEET: THENCE NORTH 01 DEGREES 25 MINUTES " SECONDS EAST. A DISTANCE: OF 100.58 FEET: THENCE NORTH 04 DEGREES 00 MINUTES 26 SECONDS EAST. A DISTANCE, OF 204.26 FEET: TI lE NCE: NOR Ill 84 DEGREES 49 MINUTES 41 SECONDS EAST. A DISTANCE. OF 20?6 FEET TO THE POINT OF BEGINNING. CONTAINING 0.13 ACRES MORE. OR LESS. together with all rights and pri%ileges reasonably necessary or convenient for the enjoyment or use thereof t« r the purposes above -described and including the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising. the rights herein granted. The Easement Area as described above is depicted on Exhibit B. attached hereto. The Addendum attached hereto is incorporated by reference into this t'tility Easement. 1 The Grantor covenants that it has the right to convey the easement herein granted and that the Grantee shall have quiet and peaceable possession, use and enjoyment of said easement. The grant of easement and ether provisions of this easement shall constitute a covenant running v{ ith the land for the benefit of the Grantee. IN WITNESS WHEREOF.. the Grantor has signed and scaled these presents this 6{1` clay of SIGNED. SEALED ADD DELIVERED IN THE PRESENCE OF: t „6„,,edt Sign• ture of Witness I,Urf4 )1( h 1 Print Na e of W'itncss i 7 a 4r(Z-/ f Signatu a of Witness �A r t v-1 L c-u7 Printed Name of Witness STATE OF-F} Nv. 4, ea a.14A0-) COUNT OF ( 1 A ;eel -jf I..OWE'S HOME CENTERS, LLC, A North Carolina Iimited L_iahitiiy Company r BY: (Name) ("title) Tim ti „mosey Vice President Me forego►ing instrument vvas acknovv ledgeA before me this %+ day of'--iaxo..ct 20I by 1 riv . the UJa.k: of l_()WE'S I IONI . CEN 1AS. a North Carolina Limitai Liability Company. on hehalfofthe company. \kilo IS: personally known to me or who has produced SLAl_: as identification ;J 'zl I r SI(iNATURE OF NOTARY Pt BLIC 1 LDrc, ti- [ `ta0--sI\a DEB PRINTED NAME. OF NOTARY PUBLIC` � RA A. MARSHALL Ni,. Commission EAPires: Ct ' '--G 1 u Notary Public Jredell County, NC My Commission Expires%-� Joi"& ; I Adtlri,ttirrr It) '+401ititastcwc irig x roh ng krein to the CM -Wary: Grantor and its SUCCeSSOry i}{' assi ens shall have the right to use the poverty whin!) the limits of the Easement Area in any manner w-`rizE does not unreasoilahly interfere with the rights of Grantee. including without limitation, i=egress and egreSs, iandsc:apint, the right to pave the property and use the sarrc as a par,inut lot or roadwi y and the righ to insult'. maintain. replace. repair. remove and operate its own wilily tines =. Restoration. Grantee shall perream airy- maintenance. replacement, upgrade or repair or the [mutt.— 's ha:intim in such a manner t'not causes as little di;turbarrce to Grantor, i:s tenants or their businesses as nury hr practicable under the s irectrnstnnccs. Grantee ante restore cite Curti cent Area, and ,Any of (irararx's adjacent land :erected by i to construction. to the same condition within reason. in which it vial tixuxt Ircli,re such yti.,rk. Was undenakc.r No Liens• grantee shall not permit ant) claim. lien, or other encumbrance striving from cons:ruction by or On behalf Of Grantee Of Grantees use of the r,as rnent Area to riccrae :against o: attach ut the Et sement Area or Me interest of (Jr nape in adjacent lards. Public , Recsrrd tiniritor grants then rights subject to ali coven:it-04, conditicins. restrictions. exceptions and easements as nut) appear its tt matter of public record rut) be evicl nt'cd nv possession. use or sury .N. _. r<h..natii" a 'mt_ i'e tt'tc c.,tc„I Tc,o,i.-.014111.. ar,d.,- ,p,� ebl� 1^ti!—titrattr scut: tttdetntaNy. : • trrrc. FzAtGtc —4414t4441-4441:44.4re.".4•444411-1441•144444“41•14;4:144141.zs►rxl.;t:tir�ct;u_;xuli.usta cr1 -or- ag- ult-or our keG 'h ,414a4-afirio-944-et-e4,--eaJe4o-in - ar 1Er €t+t�H e�w + itttte+t �+t+t a r -4445- whon+t+3i ifi thali- tre64e-the 6. A.ppl able. fa,w. C.ir-ar:tee Shrill secure, niaintain and comply with all renuir.•,I lire isi-,. pen -nits and certifier -nee rarlatirttt to. or otherwise necessary or aaprapriittc I'm, the construction. installation. repair, replacement aid tr tintenancee of Grantee's facilities. tiranit_te .I;iiti comply wilt any perch a 1 rlsi'lliata=e is le 0, state. and regulations. st orate*. etmles_ orders art .?tuttrcitti.4!i- 7. Sovereign Immunity. Nothing in this Agreement is intended to nor shall be construed to waive the City of Crestview's rights and immunities under the Florida Constitution, Common law, or Florida Statutes §765.18, as amended from time to time. TIMOTHY E. RAY 77M077iY E. RAY 7 •0 89 P.O. B. OF EASEMENT NUMBER 6 BEACH COMMUNITY BANK N 04'00'26" E N 84'49'41" E 283 21 C� N 83'17'25" E 277.39' 20.26' S 84'49'41" W 827.34 0 2 7ro 3 P. O. B. OF EASEMENT S 84'49'41" W NUMBER 5 20.26' is" LOWES HOME GENitira, INC. NOTE: LEGAL DESCRIPTION & SKETCH PREPARED BY GARVER, LLC; EXHIBIT PREPARED BY CITY OF CRESTVIEW PUBLIC SERVICES DEPARTMENT. 11-14-12 EXHIBIT "B" (EASEMENT N0. 5) N This Instrument Prepared by.: 1. JERONIE MILLER, Esq. PLEAT, PERRY &. RITCIIIE, P.A. 4477 Legendary Drive, Suite 202 Destin, FL 32541 Fla. Bar No. 0128569 Phone: (850) 650-0599 Parcel ID # 29-3N-23-0000-0025-0000 UTILITY EASEMENT THIS EASEMENT made and entered into on this 2 4L—of F e b r u a r y . 2 01 4 , by and between TIMOTHY E. RAY, whose address is 225 Yacht Club Drive NE, Ft. Walton Beach, Florida, 32548, (herein referred to as "Grantor"), and CITY OF CRESTVIEW, a municipal corporation, whose address is P. O. Drawer 1209, Crestview, FL 32536 (herein referred to as "Grantee"). GRANTOR, in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration does hereby grant to Grantee, its successors and assigns, a perpetual non- exclusive easement for the purpose of installation and maintenance of a 15" Gravity Sewer Pipeline under the following. described real property in Okaloosa County, Florida, to -wit: UTILITY EASEIVIENT NUMBER 6 LEGAL DESCRIPTION: WITHIN IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA AND WITH THE POINT OF BEGINNING "PARCEL ONE" AS DESCRIBED IN OFFICIAL RECORD BOOK 2074, PAGE 634 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAME POINT ALSO BEING THE POINT OF BEGINNING OF THE PARCEL TRANSFERRED TO LOWE'S HOME CENTERS, INC. IN DOCUMENT RECORDED IN OFFICIAL RECORD BOOK 2434, PAGE 3537 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; SAID POINT OF BEGINNING IS LOCATED ON THE NORTH RIGHT-OF-WAY LINE OF RASBERRY ROAD, A CITY OWNED ROADWAY, RECORDED IN OFFICIAL RECORD BOOK 2419, PAGE 2621 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED NORTH 02°19'31" EAST ALONG THE COMMON WEST LINE OF THE AFOREMENTIONED PARCEL ONE AND THE LOWE'S HOME CENTERS, INC. PARCEL, FOR A DISTANCE OF 706.43 FEET, TO THE NORTHWEST CORNER OF THE AFOREMENTIONED LOWE'S HOME CENTERS, INC. PARCEL; THENCE DEPARTING SAID CONIiv10N LINE, PROCEED SOUTH 85°43'55" WEST FOR A DISTANCE OF 20.13 FEET; THENCE PROCEED SOUTH 02'19'31" WEST PARALLEL TO THE COMMON WEST LINE OF THE AFOREMENTIONED PARCEL ONE AND THE LOWE'S HOME CENTERS, INC. PARCEL, FOR A DISTANCE OF 706.43 FEET TO A POINT ON THE AFOREMENTIONED NORTHERLY RIGHT-OF-WAY LINE OF RASBERRY ROAD. THENCE PROCEED NORTH 85'43'55" EAST ALONG SAID RIGIIT- Page 1 of 3 .3.. _31 .,t i29.v3 Div:. OF -WAY LINE. A DISTANCE OF 20.13 FEET, TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS DESCRIPTION. CONTAINING 0.32 ACRES, MORE OR LESS. Grantor hereby agrees not to use the above -described property for any purpose inconsistent with the easement rights granted to Grantee herein. The grant of easement and other provisions of this easement shall constitute a covenant running with the land for the benefit of the Grantee. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents this 27th day of February 2014. SIGNED, SE C Signature of kVitness . � kei m c_i. N NL� ted Name of Witness ure of Witness annon M. Reade Printed frame of Witness IVERED IN THE PRESENCE OF: BY: / TIMOTHY E. RAY Property Owner Pare 2 of 3 STATE OF FLORIDA COUNTY OF OKALOOSA • The foregoing instrument was acknowledged before me this -Is ( day of February 2014, by TIMOTHY E. RAY. SHANNON M. READE Notary Public - State of Florida N ni, •° My Comm. Expires May 2, 2017 c °' Commission # EE 874254 %,.P , SIGNATURE OF NOTARY PUBLIC Shannon M. Redde PRINTED NAME OF NOTA Y P BLIC My Commission Expires: 5 I R � 1`'7 personally known to me or who has produced as identification Page 3 of 3 i SEAS NE40FSE SEC. 30. T3N, R23W. NOT A BOUNDARY SURVEY CITY OF CRESTWEW — 20' UTILITY EASEMENT TIMOTHY E. RAY BEACH COMMUNITY BANK OFFICIAL RECORDS BK 2958 / PG 2086 S85 43'55"W 483.74' NW OF SW SEC. 29, T3N, R23W. WEST LINE OF SEC 29, T3N, R23W TIMOTHY E. RAY OFFICIAL RECORDS BK 2909 / PG 2719 BK 2968 / PG 4315 R=1364.84' d=0079'00" L=7.39' CB=S89 59'58"E CH=7.39' S00 09 28'E 41.00' S85 43 55 "W 20.13' I I ---1------20' UalTY I EASEMENT PROPOSED v 0.32 AC. t cc; Ci M ? N o -� CC 0 14.1 I (S �(tin o �I vtN LAJ '92t 1u � N L �u O Q � I � 2 li N — 0p I'0 o I N85 43'55 E 20.13' SO4'16'05'E r7 00' C N85 43'55"E 172.10 N85 43'55"E 202.45' RASBERRY ROAD OFFICIAL RECORDS (VARIABLE RAO BK 2419 / PGI 2621 66 I I POB (R/w) _ R=1377.84' d=04 06'37" L=98.84' CB=N87'47'13 E CH=98.82' SEAS Seaside Engineering And Surveying, LLC P.O. Box 456 Ph: MO) 650-9563 Oestln, FL 32.640 Fax: (650) 396-6612 LB. *7191 o so i o0 GRAPHIC SCALE 1"= 1o0' 5 **THIS DRAWING CONTAINS TWO (2) SHEETS AND IS NOT VALID WITHOUT BOTH SHEETS. SHEET 2 OF 2 © COPYRIGHT SEAS 2013 V �. ' r. SEAS Legal Description: 77M0774Y E. RAY NOT A BOUNDARY SURVEY NOTICE: THIS DRAWING CONTAINS TWO (2) SHEETS AND IS NOT VALID WITHOUT BOTH SHEETS A PROPOSED 20.00 FOOT WIDE U77L/TY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE POINT OF BEGINNING OF THE PROPOSED EASEMENT IS ALSO THE POINT OF BEGINNING OF PARCEL ONE'AS DESCRIBED /N OFFICIAL RECORD BOOK 2074, PAGE 634 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, SAME POINT ALSO BEING THE POINT OF BEGINNING OF THE PARCEL TRANSFERRED TO LOWE'S HOME CENTERS, INC. IN DOCUMENT RECORDED IN OFFICIAL RECORD BOOK 2434, PAGE 3587 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; SAID POINT OF BEGINNING IS LOCATED ON THE NORTH RIGHT—OF—WAY LINE OF RASBERRY ROAD, A CITY OWNED ROADWAY, RECORDED 1N OFFICIAL RECORD BOOK 2419, PAGE 2621 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED NORTH 027931" EAST ALONG THE COMMON WEST LINE OF THE AFOREMENTIONED PARCEL ONE AND THE LOWE'S HOME CENTERS, INC. PARCEL, FOR A DISTANCE OF 706.43 FEET, TO THE NORTHWEST CORNER OF THE AFOREMEN770NED LOWE'S HOME CENTERS, INC. PARCEL; THENCE DEPAR77NG SAID COMMON LINE, PROCEED SOUTH 85 43 55" WEST FOR A DISTANCE OF 20.13 FEET; THENCE PROCEED SOUTH 027931" WEST PARALLEL TO THE COMMON WEST UNE OF THE AFOREMENTIONED PARCEL ONE AND THE LOWE'S HOME CENTERS, INC. PARCEL, FOR A DISTANCE OF 706.43 FEET TO A POINT ON THE AFOREMENTIONED NORTHERLY RIGHT—OF—WAY LINE OF RASBERRY ROAD, THENCE PROCEED NORTH 85 43'55" EAST ALONG SAID RIGHT—OF—WAY LINE A DISTANCE OF 20.13 FEET, TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS DESCRIPTION, THE ABOVE DESCRIBED EASEMENT CONTAINS 0.32 ACRES, MORE OR LESS. Surveyor's Notes: 1. THE DRAWING SHOWN HEREON IS FOR DESCRIPTION PURPOSES ONLY AND IS NOT TO BE USED AS A FIELD SURVEY. 2. THERE MAY BE ADDITIONAL RESTRICTIONS AND/ OR EASEMENTS NOT SHOWN HEREON THAT MAY BE FOUND /N THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. 3. BEARINGS SHOWN HEREON ARE REFERENCED TO THE COMMON WEST LINE OF THE AFOREMENTTONED PARCEL ONE AND THE LOWE'S HOME CENTERS, INC. PARCEL, HAVING A BEARING OF NORTH 0279 31 " EAST, AS FOUND IN O.R. BOOK 2434, PAGE 3587. = NUMBER .f = MORE OR LESS & = AND 1/2 = ONE—HALF 1/4 = QUARTER C/L = CENTERLINE FL. = FLORIDA REF. = REFERENCE BRG. = BEARING INC. = INCORPORATED DESC. = DESCR/PT70N Abbreviations: N/A = PH. = PG. = POB. _ POC. = CO. = No. = 0. R. = 28 27 33 SEAS Seaside Engineering And Surveying, LLC P.O. Box 456 Ph: (8550) 650-9563 Dead", FL 32540 Far (850) 398-6812 L.B. *7191 34 NOT APPLICABLE PHONE PAGE POINT OF BEGINNING POINT OF COMMENCEMENT COUNTY NUMBER OFFICIAL RECORDS SECTION NUMBERS SEC STA T5N LB. INTX PSM = PROFESSIONAL SURVEYOR & MAPPER R/W = RIGHT—OF—WAY R32W = RANGE 32 WEST SEAS = SEASIDE ENGINEERING AND SURVEYING, LLC. = SECTION = STAT70N = TOWNSHIP 5 NORTH = LICENSED SURVEYING & MAPPING BUSINESS = INTERSECTION Sheet Index: 1. 777LE SHEET, -LEGAL DESCRIPTION, CERTIFICATION, & NOTES 2. SKETCH DATE OF SURVEY: N/A SURVEY FOR: CITY OF CRESTVIEW DRAWN BY: J.L.B. DATE DRAWN: 8/22/13 TYPE OF SURVEY SKETCH & LEGAL DESC. SHEET i OF 2 © COPYRIGHT SEAS 2013 LEGAL DESCRIPPON: SEE ABOVE. OKALOOSA COUNTY, FLORIDA PLAT BOOK PAGE SEC770N 29 TOWNSHIP 3N RANGE23W THIS SHEET IS THE PROPERTY OF SEAS AND IS NOT TO BE REPRODUCED EITHER IN PAPER OR DIGITAL FORMAT WITHOUT EXPRESSED WRITTEN CONSENT FROM SEAS. 8/22/f 3 ohn C. Gustin N, P.S.M. FL License No. 6192