Bella Collina 

Community Development District 



ANNUAL FINANCIAL REPORT 



September 30, 2022 




Bella Collina Community Development District 

 

ANNUAL FINANCIAL REPORT 

 

September 30, 2022 

 

 

TABLE OF CONTENTS 

 

 Page 

 Number 

 

 

 

REPORT OF INDEPENDENT AUDITORS 1-3 

 

MANAGEMENT’S DISCUSSION AND ANALYSIS 4-9 

 

BASIC FINANCIAL STATEMENTS 

 Government-wide Financial Statements 

 Statement of Net Position 10 

 Statement of Activities 11 

 Fund Financial Statements 

 Balance Sheet – Governmental Funds 12 

 Reconciliation of Total Governmental Fund Balances 

 to Net Position of Governmental Activities 13 

 Statement of Revenues, Expenditures and Changes in 

 Fund Balances – Governmental Funds 14 

 Reconciliation of the Statement of Revenues, Expenditures and 

 Changes in Fund Balances of Governmental Funds to the 

 Statement of Activities 15 

 Statement of Revenues, Expenditures and Changes in Fund 

 Balances – Budget and Actual – General Fund 16 

 Statement of Fund Net Position – Water and Sewer Fund 17 

 Statement of Revenues, Expenses and Changes in Fund 

 Net Position – Water and Sewer Fund 18 

 Statement of Cash Flows – Water and Sewer Fund 19 

 

 Notes to Financial Statements 20-36 

 

INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER 

 FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS 

 BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN 

 ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 37-38 

 

MANAGEMENT LETTER 39-41 

 

INDEPENDENT ACCOUNTANTS’ REPORT/COMPLIANCE WITH 

 SECTION 218.415, FLORIDA STATUTES 42 

 

 


 

 

 

 

 

 

 

 

REPORT OF INDEPENDENT AUDITORS 

 

 

To the Board of Supervisors 

Bella Collina Community Development District 

Lake County, Florida 

 

 

Report on Audit of the Financial Statements 

 

Opinion 

 

We have audited the financial statements of the governmental activities, business-type activities 
and each major fund of Bella Collina Community Development District (the “District”), as of and 
for the year ended September 30, 2022, and the related notes to financial statements, which 
collectively comprise the District’s basic financial statements as listed in the table of contents. 

 

In our opinion, the accompanying financial statements present fairly, in all material respects, the 
respective financial position of the governmental activities, business-type activities and each 
major fund of Bella Collina Community Development District as of September 30, 2022, and the 
respective changes in financial position and the budgetary comparison for the General Fund for 
the year then ended in accordance with accounting principles generally accepted in the United 
States of America. 

 

Basis for Opinion 

 

We conducted our audits in accordance with auditing standards generally accepted in the United 
States of America (GAAS), and the standards applicable to financial audits contained in 
Government Auditing Standards, issued by the Comptroller General of the United States. Our 
responsibilities under those standards are further described in the Auditor’s Responsibilities for 
the Audit of the Financial Statements section of our report. We are required to be independent of 
the District and to meet our other ethical responsibilities, in accordance with the relevant ethical 
requirements relating to our audits. We believe that the audit evidence we have obtained is 
sufficient and appropriate to provide a basis for our audit opinion. 

 

Responsibilities of Management for the Financial Statements 

 

Management is responsible for the preparation and fair presentation of these financial statements 
in accordance with accounting principles generally accepted in the United States of America; and 
for the design, implementation, and maintenance of internal control relevant to the preparation 
and fair presentation of financial statements that are free from material misstatement, whether 
due to fraud or error. 

 


To the Board of Supervisors 

Bella Collina Community Development District 

 

 

In preparing the financial statements, management is required to evaluate whether there are 
conditions or events, considered in the aggregate, that raise substantial doubt about the District’s 

ability to continue as a going concern for one year beyond the financial statement date, including 
currently known information that may raise substantial doubt thereafter. 

 

Auditor’s Responsibility for the Audit of the Financial Statements 

 

Our objectives are to obtain reasonable assurance about whether the financial statements as a 
whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s 
report that includes our opinion. Reasonable assurance is a high level of assurance but is not 
absolute assurance and therefore is not a guarantee that an audit conducted in accordance with 
GAAS and Government Auditing Standards will always detect a material misstatement when it 
exists. The risk of not detecting a material misstatement resulting from fraud is higher than for 
one resulting from error, as fraud may involve collusion, forgery, intentional omissions, 
misrepresentations, or the override of internal control. Misstatements are considered material if 
there is a substantial likelihood that, individually or in the aggregate, they could reasonably be 
expected to influence the economic decisions of users made on the basis of these financial 
statements. 

 

In performing an audit in accordance with GAAS and Government Auditing Standards, we: 

 

• Exercise professional judgement and maintain professional skepticism throughout the 
audit. 
• Identify and assess the risks of material misstatement of the financial statements, whether 
due to fraud or error, and design and perform audit procedures responsive to those risks. 
Such procedures include examining on a test basis, evidence regarding the amounts and 
disclosures in the financial statements. 
• Obtain an understanding of internal control relevant to the audit in order to design audit 
procedures that are appropriate in the circumstances, but not for the purpose of 
expressing an opinion on the effectiveness of the District’s internal control. Accordingly, 
no such opinion is expressed. 
• Evaluate the appropriateness of accounting policies used and the reasonableness of 
significant accounting estimates made by management, as well as evaluate the overall 
presentation of the financial statements. 
• Conclude whether, in our judgement, there are conditions or events, considered in the 
aggregate, that raise substantial doubt about the District’s ability to continue as a going 
concern for a reasonable period of time. 


 

We are required to communicate with those charged with governance regarding, among other 
matters, the planned scope and timing of the audit, significant audit findings, and certain internal 
control related matters that we identified during the audit. 

 


To the Board of Supervisors 

Bella Collina Community Development District 

 

 

Required Supplementary Information 

 

Accounting principles generally accepted in the United States of America require that 
Management’s Discussion and Analysis be presented to supplement the basic financial 
statements. Such information is the responsibility of management and, although not a part of the 
basic financial statements, is required by the Governmental Accounting Standards Board who 
considers it to be an essential part of financial reporting for placing the basic financial statements 
in an appropriate operational, economic, or historical context. We have applied certain limited 
procedures to the required supplementary information in accordance with auditing standards 
generally accepted in the United States of America, which consisted of inquiries of management 
about the methods of preparing the information and comparing the information for consistency 
with management’s responses to our inquiries, the basic financial statements, and other 
knowledge obtained during our audit of the basic financial statements. We do not express an 
opinion or provide any assurance on the information because the limited procedures do not 
provide us with sufficient evidence to express an opinion or provide any assurance. 

 

Other Reporting Required by Government Auditing Standards 

 

In accordance with Government Auditing Standards, we have also issued a report dated June 21, 
2023 on our consideration of the District’s internal control over financial reporting and on our tests 
of its compliance with certain provisions of laws, regulations and contracts. 

 

The purpose of that report is to describe the scope of our testing of internal control over financial 
reporting and compliance and the results of that testing, and not to provide an opinion on internal 
control over financial reporting or on compliance. That report is an integral part of an audit 
performed in accordance with Government Auditing Standards in considering Bella Collina 
Community Development District’s internal control over financial reporting and compliance. 

 

 

 

 

 

Berger, Toombs, Elam, Gaines & Frank 

Certified Public Accountants PL 

Fort Pierce, Florida 

 

June 21, 2023 


Management’s discussion and analysis of Bella Collina Community Development District (the 
“District”) financial performance provides an objective and easily readable analysis of the 
District’s financial activities. The analysis provides summary financial information for the District 
and should be read in conjunction with the District’s financial statements. 

 

OVERVIEW OF THE FINANCIAL STATEMENTS 

 

The District’s basic financial statements comprise three components; 1) Government-wide 
financial statements, 2) Fund financial statements, and 3) Notes to financial statements. The 
Government-wide financial statements present an overall picture of the District’s financial 
position and results of operations. The Fund financial statements present financial information 
for the District’s major funds. The Notes to financial statements provide additional information 
concerning the District’s finances. 

 

The Government-wide financial statements are the statement of net position and the 
statement of activities. These statements use accounting methods similar to those used by 
private-sector companies. Emphasis is placed on the net position of governmental activities 
and business-type activities and the change in net position. Governmental activities are 
primarily supported by special assessments. Business-type activities are supported by charges 
to the users of those activities, such as water and sewer service charges. 

 

The statement of net position presents information on all assets and liabilities of the District, 
with the difference between assets and liabilities reported as net position. Net position is 
reported in three categories; 1) net investment in capital assets, 2) restricted and 3) 
unrestricted. Assets, liabilities, and net position are reported for all Governmental activities 
separate from the assets, liabilities, and net position of business-type activities. 

 

The statement of activities presents information on all revenues and expenses of the District 
and the change in net position. Expenses are reported by major function and program revenues 
relating to those functions are reported, providing the net cost of all functions provided by the 
District. To assist in understanding the District’s operations, expenses have been reported as 
governmental activities or business-type activities. Governmental activities financed by the 
District include general government, physical environment, and interest on long-term debt. 
Business-type activities financed by user charges include water and sewer services. 

 

Fund financial statements present financial information for the governmental fund and enterprise 
fund. These statements provide financial information for the major funds of the District. 
Governmental fund financial statements provide information on the current assets and liabilities 
of the funds, changes in current financial resources (revenues and expenditures), and current 
available resources. The enterprise funds financial statements provide information on all assets 
and liabilities of the funds, changes in the economic resources (revenues and expenses), and 
total economic resources. 


OVERVIEW OF THE FINANCIAL STATEMENTS (CONTINUED) 

 

Fund financial statements include a balance sheet and a statement of revenues, 
expenditures and changes in fund balances for all governmental funds. A statement of 
revenues, expenditures, and changes in fund balances – budget and actual, is provided for 
the District’s General Fund. For the Water and Sewer fund, a statement of fund net position, 
a statement of revenues, expenses, and changes in fund net position; and a statement of 
cash flows are presented. Fund financial statements provide more detailed information about 
the District’s activities. Individual funds are established by the District to track revenues that are 
restricted to certain uses or to comply with legal requirements. 

 

The government-wide financial statements and the fund financial statements provide different 
pictures of the District. The government-wide financial statements provide an overall picture of 
the District’s financial standing, split between Governmental Activities and Business-type 
Activities. These statements are comparable to private-sector companies and give a good 
understanding of the District’s overall financial health and how the District paid for the various 
activities, or functions, provided by the District. All assets of the District, including capital assets 
are reported in the statement of net position. All liabilities, including principal outstanding on 
bonds, and future employee benefits obligated but not paid by the District, are included. The 
statement of activities includes depreciation on all long-lived assets of the District, but 
transactions between the different functions of the District have been eliminated in order to 
avoid “doubling up” the revenues and expenses. The fund financial statements provide a 
picture of the major funds of the District. In the case of governmental activities, outlays for long 
lived assets are reported as expenditures and long-term liabilities, such as general obligation 
bonds, are not included in the fund financial statements. To provide a link from the fund 
financial statements to the government-wide financial statements, a reconciliation is provided 
from the fund financial statements to the government-wide financial statements. 

 

Notes to financial statements provide additional detail concerning the financial activities and 
financial balances of the District. Additional information about the accounting practices of the 
District and investments of the District are some of the items included in the notes to financial 
statements. 

 

Financial Highlights 

 

The following are the highlights of financial activity for the year ended September 30, 2022. 

 

♦ The District’s total assets exceeded total liabilities by $4,768,453. Unrestricted net 
position for Governmental Activities was $617,721 and for Business-type Activities was 
$1,371,006. Net investment in capital assets for Governmental Activities was $2,651,130 
and for Business-type Activities was $(689,087). Restricted net position for 
Governmental Activities was $655,105 and for Business-type Activities was $162,578. 



OVERVIEW OF THE FINANCIAL STATEMENTS (CONTINUED) 

 

Financial Highlights (Continued) 

 

♦ Governmental activities revenues totaled $1,683,178 while governmental activities 
expenses totaled $1,413,333. Business-type revenues totaled $1,735,320 while 
business-type expenses totaled $1,138,127. 


 

Financial Analysis of the District 

 

The following schedule provides a summary of the assets, liabilities and net position of the 
District. It is not intended to be a complete presentation of government-wide financial activity. 

 

Net Position 

 

 

The decrease in non-current liabilities for governmental activities and business-type activities 
was primarily due to principal payments on bonds in the current year. 

 

2022 2021 2022 2021 2022 2021 
Current assets $ 2,468,118 $ 2,383,281 $ 1,951,864 $ 1,520,282 $ 4,419,982 $ 3,903,563 
Capital assets, net 14,466,780 14,935,855 5,137,639 5,374,119 19,604,419 20,309,974 
Total Assets 16,934,898 17,319,136 7,089,503 6,894,401 24,024,401 24,213,537 
Current liabilities 980,942 960,025 418,280 19,396 1,399,222 979,421 
Non-current liabilities 12,030,000 12,705,000 5,826,726 6,627,701 17,856,726 19,332,701 
Total Liabilities 13,010,942 13,665,025 6,245,006 6,647,097 19,255,948 20,312,122 
Net Position 
Net investment in capital 
assets 2,651,130 2,525,005 (689,087) (1,253,582) 1,962,043 1,271,423 
Restricted for debt service 655,105 549,104 162,578 79,897 817,683 629,001 
Unrestricted 617,721 580,002 1,371,006 1,420,989 1,988,727 2,000,991 
Total Net Position $ 3,923,956 $ 3,654,111 $ 844,497 $ 247,304 $ 4,768,453 $ 3,901,415 
Governmental Activities Business-type Activities Total 
The increase in net investment in capital assets for governmental activities is related to debt 
payments in excess of depreciation. 

 

The increase in current assets for business-type activities is related to revenues exceeding 
expenses in the current year. 

 

The increase in current liabilities for business-type activities is related to the increase in 
unearned revenues in the current year. 

 


OVERVIEW OF THE FINANCIAL STATEMENTS (CONTINUED) 

 

Financial Analysis of the District (Continued) 

 

The following schedule provides a summary of the changes in net position of the District and is 
presented at the government-wide level for comparison purposes. It is not intended to be a 
complete presentation of District-wide financial activity. 

 

Financial Activity 

 

 

The increase in program revenues for business-type activities was primarily due to increased 
connection fees and sewer usage fees in the current year. 

 

The increase in governmental activities general government is related to the increase in 
engineering and tax collector fees in the current year. 

2022 2021 2022 2021 2022 2021 
Revenues 
Program revenues $ 1,673,542 $ 1,685,058 $ 1,728,705 $ 1,206,166 $ 3,402,247 $ 2,891,224 
Capital contributions - 1,026,906 - - - 1,026,906 
General revenues 9,636 815 6,615 758 16,251 1,573 
Total Revenues 1,683,178 2,712,779 1,735,320 1,206,924 3,418,498 3,919,703 
Expenses 
General government 134,553 91,836 - - 134,553 91,836 
Physical environment 526,777 519,519 - - 526,777 519,519 
Interest/other charges 752,003 816,294 - - 752,003 816,294 
Water and sewer - - 1,138,127 955,267 1,138,127 955,267 
Total Expenses 1,413,333 1,427,649 1,138,127 955,267 2,551,460 2,382,916 
Change in Net Position 269,845 1,285,130 597,193 251,657 867,038 1,536,787 
Net Position - 
Beginning of Year 3,654,111 2,368,981 247,304 (4,353) 3,901,415 2,364,628 
Net Position - 
End of Year $ 3,923,956 $ 3,654,111 $ 844,497 $ 247,304 $ 4,768,453 $ 3,901,415 
Governmental Activities Business-type Activities Total 


The increase in business-type activities water and sewer expenses was primarily due to 
increased repair and maintenance, lighting and insurance expenses in the current year. 

 

 


OVERVIEW OF THE FINANCIAL STATEMENTS (CONTINUED) 

 

Capital Assets Activity 

 

The following schedule provides a summary of the District’s capital assets at September 30, 
2022. 

 

 

During the year, depreciation was $469,075 for governmental activities and $236,480 for 
business-type activities. 

 

General Fund Budgetary Highlights 

 

Description 
Governmental 
Activities 
Business-type 
Activities Total 
Land and improvements $ 5 ,225,000 $ - $ 5 ,225,000 
Infrastructure 1 5,256,727 7 ,491,929 2 2,748,656 
Equipment - 4 08,262 4 08,262 
Less: accumulated depreciation (6,014,947) (2,762,552) (8,777,499) 
Total Capital Assets (Net) $ 1 4,466,780 $ 5 ,137,639 $ 1 9,604,419 
The budget exceeded actual governmental expenditures primarily because trustee fees and 
stormwater repairs and maintenance costs were less than anticipated. 

 

The September 30, 2022 budget was not amended. 

 

Debt Management 

 

Governmental Activities debt includes the following: 

 

• In December 2004, the District issued $22,780,000 Special Assessment Revenue 
Bonds, Series 2004. These bonds were issued to finance the acquisition and 
construction of certain improvements within the District. The balance outstanding at 
September 30, 2022 was $12,705,000. 


 

 

 

 

 

 


OVERVIEW OF THE FINANCIAL STATEMENTS (CONTINUED) 

 

Debt Management (Continued) 

 

Business-type Activities debt includes the following: 

 

• On September 1, 2016, the District issued $2,346,216 Utility System Bonds, Series 2016 
to restructure the Series 2004 Utility Bonds outstanding balance of $2,005,000. The 
Series 2016 Utility Bonds include an initial principal amount of $2,346,216. Accreted 
interest will result in a matured amount of $3,595,000 due by November 1, 2024. The 
total balance of bonds payable at September 30, 2022 was $233,272. 


 

Economic Factors and Next Year’s Budget 

 

The District does not anticipate any economic factors to have a significant affect operations for 
the year ended September 30, 2023. 

 

Request for Information 

 

The financial report is designed to provide a general overview of Bella Collina Community 
Development District’s finances for all those with an interest. Questions concerning any of the 
information provided in this report or requests for additional information should be addressed to 
the Bella Collina Community Development District, Governmental Management Services – CF, 
LLC, 219 East Livingston Street, Orlando, Florida 32801. 


 Governmental 
Activities 

 Business-type 
Activities 

 Total 

ASSETS 
Current Assets 
Cash and equivalents 
Investments 
Accounts receivable 
Assessments receivable 
Prepaid expenses 
Deposits 
Restricted investments 

$ 140,877 
460,109
- 
7,030 
17,459
- 
1,842,643 
2,468,118 

$ 666,052 
865,314 
57,095 
570 
54,551 
52,485 
255,797 
1,951,864 

$ 806,929 
1,325,423 
57,095 
7,600 
72,010 
52,485 
2,098,440 
4,419,982 

Total Current Assets 

Non-current Assets 
Capital assets, not being depreciated 
Land and improvements 
Capital assets, being depreciated 
Infrastructure 
Equipment 
Less: accumulated depreciation 
Total Non-current Assets 
Total Assets 

5,225,000 

- 

5,225,000 

15,256,727
- 
(6,014,947) 
14,466,780 
16,934,898 

7,491,929 
408,262 
(2,762,552) 
5,137,639 
7,089,503 

22,748,656 
408,262 
(8,777,499) 
19,604,419 
24,024,401 

LIABILITIES 
Current Liabilities 
Accounts payable and accrued expenses 
Unearned revenues 
Accrued interest payable 
Bonds payable 

1,551
- 
304,391 
675,000 
980,942 

118,185 
300,095
-
- 
418,280 

119,736 
300,095 
304,391 
675,000 
1,399,222 

Total Current Liabilities 

Non-current Liabilities 
Due to developer 
Bonds payable 

- 
12,030,000 
12,030,000 
13,010,942 

5,593,454 
233,272 
5,826,726 
6,245,006 

5,593,454 
12,263,272 
17,856,726 
19,255,948 

Total Non-current Liabilities 
Total Liabilities 

NET POSITION 
Net investment in capital assets 
Restricted for debt service 
Unrestricted 

2,651,130 
655,105 
617,721 
$ 3,923,956 

(689,087) 
162,578 
1,371,006 
$ 844,497 

1,962,043 
817,683 
1,988,727 
$ 4,768,453 

Total Net Position 


Program 
Revenues 
Charges for 
Services 

Net (Expenses) Revenues and 
Changes in Net Position 
Governmental 
Activities 
Business-type 
Activities Total 

Functions/Programs 
Primary government 
Governmental Activities 
General government 
Physical environment 
Interest and other charges 
Total Governmental Activities 

Expenses 

$ (134,553) 
(526,777) 
(752,003) 
(1,413,333) 

$ 127,149 
69,778 
1,476,615 
1,673,542 

$ (7,404) 
(456,999) 
724,612 
260,209 

$ -
-
-
- 

$ (7,404) 
(456,999) 
724,612 
260,209 

 Business-type Activities 
Water and sewer 

(1,138,127) 

1,728,705 

- 

590,578 

590,578 

 Total Primary Government 

$ (2,551,460) 

$ 3,402,247 

260,209 

590,578 

850,787 

General Revenues 
Investment earnings 

9,636 

6,615 

16,251 

 Change in Net Position 

269,845 

597,193 

867,038 

Net Position - October 1, 2021 
Net Position - September 30, 2022 

3,654,111 
$ 3,923,956 

247,304 
$ 844,497 

3,901,415 
$ 4,768,453 


Bella Collina Community Development District 
BALANCE SHEET – 
GOVERNMENTAL FUNDS 
September 30, 2022 

Total 
Governmental 
Funds 

General 

Debt Service 

ASSETS 
Cash and equivalents 
Investments 
Assessments receivable 
Prepaid expenses 
Restricted assets 
Investments 
Total Assets 

$ 1 40,877 
4 60,109 
8 27 
1 7,459 

$ - 
- 
6 ,203
- 

$ 1 40,877 
4 60,109 
7 ,030 
1 7,459 

- 
$ 6 19,272 

1 ,842,643 
$ 1,848,846 

1 ,842,643 
$ 2,468,118 

LIABILITIES AND FUND BALANCES 

Liabilities: 
Accounts payable and accrued expenses 

$ 1 ,551 

$ - 

$ 1 ,551 

Fund Balances: 
Nonspendable - prepaid expenses 
Restricted - debt service 
Assigned - capital reserve 
Unassigned 

17,459
- 
426,888 
173,374 
6 17,721 

- 
1,848,846
-
- 
1 ,848,846 

17,459 
1,848,846 
426,888 
173,374 
2 ,466,567 

Total Fund Balances 

Total Liabilities and Fund Balances 

$ 6 19,272 $ 1,848,846 $ 2,468,118 


Total Governmental Fund Balances 

$ 2,466,567 

Amounts reported for governmental activities in the Statement of Net Position 
are different because: 

Capital assets not being depreciated (land and improvements) in 
governmental activities are not current financial resources and therefore, 
are not reported at the fund level. 

5,225,000 

Capital assets being depreciated, infrastructure, $15,256,727, net of accumulated 
depreciation, $(6,014,947), used in governmental activities are not 
current financial resources and therefore, are not reported at the fund level. 

9,241,780 

Long-term liabilities, including bonds payable are not due and payable in the 
current period and, therefore, are not reported at the fund level. 

(12,705,000) 

Accrued interest expense for long-term debt is not a current financial use and; 
therefore, is not reported at the fund level. 

(304,391) 

Net Position of Governmental Activities 

$ 3,923,956 


Bella Collina Community Development District 
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES 
IN FUND BALANCES – GOVERNMENTAL FUNDS 
For the Year Ended September 30, 2022 

Total 
Governmental 
Funds 

General 
$ 196,927 
3,639 
2 00,566 

Debt Service 

Revenues 
Special assessments 
Investment earnings 
Total Revenues 

$ 1,476,615 
5,997 
1 ,482,612 

$ 1,673,542 
9,636 
1 ,683,178 

Expenditures 
Current 
General government 105,145 
Physical environment 57,702 
Debt Service 
Principal - 
Interest - 
Total Expenditures 1 62,847 

29,408
- 

134,553 
57,702 

640,000 
767,337 
1 ,436,745 

640,000 
767,337 
1 ,599,592 

Net change in fund balances 3 7,719 

4 5,867 

8 3,586 

Fund Balances - October 1, 2021 580,002 

1,802,979 

2,382,981 

Fund Balances - September 30, 2022 $ 617,721 

$ 1,848,846 

$ 2,466,567 


Net Change in Fund Balances - Total Governmental Funds 

$ 83,586 

Amounts reported for governmental activities in the Statement of Activities are 
different because: 

Governmental funds report capital outlays as expenditures. However, in the 
Statement of Activities, the cost of those assets is allocated over their 
estimated useful lives as depreciation. This is the amount of 
depreciation in the current period. 

(469,075) 

Repayments of bond principal are expenditures in the governmental funds, but 
the repayment reduces long-term liabilities in the Statement of Net Position. 

640,000 

In the Statement of Activities, interest is accrued on outstanding bonds; 
whereas in governmental funds, interest expenditures are reported 
when due. This is the net change in accrued interest in the current period. 

15,334 

Change in Net Position of Governmental Activities 

$ 269,845 


Variance with 
Final Budget 
Positive 
(Negative) 

Original 
Budget 
$ 197,155 
500 
1 97,655 

Final 
Budget 

Actual 

Revenues 
Special assessments 
Investment earnings 
Total Revenues 

$ 1 97,155 
500 
1 97,655 

$ 196,927 
3,639 
2 00,566 

$ (228) 
3,139 
2 ,911 

Expenditures 
Current 
General government 1 06,349 
Physical environment 6 1,224 
Total Expenditures 1 67,573 

1 06,349 
6 1,224 
1 67,573 

1 05,145 
5 7,702 
1 62,847 

1 ,204 
3 ,522 
4 ,726 

Net change in fund balance 3 0,082 3 0,082 3 7,719 7 ,637 

Fund Balances - October 1, 2021 4 26,874 

4 26,874 
$ 456,956 


5 80,002 

1 53,128 

Fund Balances - September 30, 2022 $ 456,956 

$ 617,721 

$ 1 60,765 


Bella Collina Community Development District 
STATEMENT OF FUND NET POSITION – WATER AND SEWER FUND 
September 30, 2022 

ASSETS 
Current Assets 
Cash and equivalents 
Investments 
Accounts receivable 
Assessments receivable 
Prepaid expenses 
Deposits 
Restricted investments 
Total Current Assets 
Non-current Assets 
Infrastructure 
Equipment 
Less: accumulated depreciation 
Total Non-current Assets 
Total Assets 

$ 6 66,052 
8 65,314 
5 7,095 
5 70 
5 4,551 
5 2,485 
2 55,797 
1 ,951,864 

7 ,491,929 
4 08,262 
( 2,762,552) 
5 ,137,639 
7 ,089,503 

LIABILITIES 
Current Liabilities 
Accounts payable and accrued expenses 
Unearned revenues 
Total Current Liabilities 

1 18,185 
3 00,095 
4 18,280 

Non-current Liabilities 
Due to developer 
Bonds payable 
Total Non-current Liabilities 
Total Liabilities 

5 ,593,454 
2 33,272 
5 ,826,726 
6 ,245,006 

NET POSITION 
Net investment in capital assets 
Restricted for debt service 
Unrestricted 

( 689,087) 
1 62,578 
1 ,371,006 

Total Net Position 


$ 8 44,497 


Bella Collina Community Development District 
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION – 
WATER AND SEWER FUND 
For the Year Ended September 30, 2022 

Operating Revenues: 
Charges for services 
Special assessments 

$ 1 ,593,072 
1 35,633 
1 ,728,705 

Total Operating Revenues 

Operating Expenses: 
General and administrative 
Plant operations 
Depreciation 

1 24,894 
7 40,235 
2 36,480 
1 ,101,609 

Total Operating Expenses 

Operating Income 

6 27,096 

Non-Operating Revenues (Expenses): 
Interest earnings 
Interest expense 

6 ,615 
( 36,518) 

Total Non-operating Revenues/(Expenses) 

( 29,903) 

Change in Net Position 

5 97,193 

Net Position - October 1, 2021 

2 47,304 

Net Position - September 30, 2022 

$ 8 44,497 


Bella Collina Community Development District 
STATEMENT OF CASH FLOWS – WATER AND SEWER FUND 
For the Year Ended September 30, 2022 

CASH FLOWS FROM OPERATING ACTIVITIES 
Receipts from customers 
Receipts from special assessments 
Payments to suppliers for goods and services 
Net Cash Provided by Operating Activities 

$ 1,878,652 
135,699 
(851,811) 
1,162,540 

CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES 
Bond and loan principal payments 
Bond and loan interest payments 
Net Cash Used by Capital and Related Financining Activities 

(800,975) 
(36,518) 
(837,493) 

CASH FLOWS FROM INVESTING ACTIVITIES 
Sale of investments 
Purchase of investments 
Interest on investments 
Net Cash Used by Investing Activities 

1,956,563 
(2,614,179) 
6,615 
(651,001) 

Net Decrease in Cash and Cash Equivalents 

(325,954) 

Cash and cash equivalents - October 1, 2021 

992,006 

Cash and cash equivalents - September 30, 2022 

$ 666,052 

RECONCILIATION OF OPERATING INCOME TO NET 
CASH PROVIDED BY OPERATING ACTIVITIES 
Operating income 
Adjustments to reconcile operating income to net cash 
provided by operating activities: 
Depreciation 
Decrease in assessments receivable 
Increase in accounts receivable 
Increase in prepaid expenses 
Increase in deposits 
Increase in accounts payable and accrued expenses 
Increase in unearned revenues 

$ 627,096 

236,480 
66 
(14,515) 
(32,986) 
(52,485) 
98,789 
300,095 

Net Cash Provided by Operating Activities 

$ 1,162,540 


NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES 

 

The financial statements of Bella Collina Community Development District (the “District”) have 
been prepared in conformity with generally accepted accounting principles (GAAP) as applied to 
governmental units. The Governmental Accounting Standards Board (GASB) is the accepted 
standard-setting body for establishing governmental accounting and financial reporting 
principles. The District's more significant accounting policies are described below. 

 

 1. Reporting Entity 

 

The District was established under Rule 4200-1.001 by the Florida Land and Water 
Adjudicatory Commission under the name of Pine Island Community Development 
District. The District was established for the purposes of financing and managing the 
acquisition, construction, maintenance and operation of a portion of the infrastructure 
necessary for the community development within the District. On May 4, 2017, the 
District changed its name to Bella Collina Community Development District through a 
technical amendment to Rule Chapter 4200-1, F.A.C, and the boundaries of the District 
were expanded by 5.11 acres by amendment to Rule Chapter 4200-1.002 F.A.C. in July 
2019. 

 

The District is governed by a five-member Board of Supervisors (the “Board”), who are 
elected on an at large basis by owners of the property within the District. Among the 
primary powers, which the Act provides, the Board may exercise are the power to 
manage basic service for community development, the power to borrow money and 
issue bonds, and to levy and assess non-ad valorem assessments for the financing and 
delivery of capital infrastructure, subject to the approval of applicable State 
administrative agencies. 

 

As required by GAAP, these financial statements present the Bella Collina Community 
Development District (the primary government), as a stand-alone government. The 
reporting entity for the District includes all functions of government in which the District’s 
Board exercises oversight responsibility which includes, but is not limited to, financial 
interdependency, selection of governing authority, designation of management, 
significant ability to influence operations and accountability for fiscal matters. 

 

Based upon the application of the above-mentioned criteria as set forth by the 
Governmental Accounting Standards Board, the District has identified no component 
units. 

 

 2. Measurement Focus and Basis of Accounting 

 

 The basic financial statements of the District are composed of the following: 

 

• Government-wide financial statements 


 

• Fund financial statements 


 

• Notes to financial statements 



NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 

 

 2. Measurement Focus and Basis of Accounting (Continued) 

 

 a. Government-wide Financial Statements 

 

The government-wide financial statements are reported using the economic 
resources measurement focus and the accrual basis of accounting. 

 

Government-wide financial statements report all non-fiduciary information about the 
reporting government as a whole. These statements include separate columns for 
the governmental and business-type activities of the primary government. For the 
most part, the effect of interfund activity has been removed from these statements. 

 

Governmental activities, which normally are supported by special assessments and 
interest, are reported separately from business-type activities. Program revenues 
include charges for services and special assessments. Program revenues are 
netted with program expenses in the Statement of Activities to present the net cost of 
each program. 

 

Amounts paid to acquire capital assets are capitalized as assets, rather than 
reported as an expenditure. Proceeds of long-term debt are recorded as liabilities in 
the government-wide financial statements, rather than as an other financing source. 

 

Amounts paid to reduce long-term indebtedness of the reporting government are 
reported as a reduction of the related liability, rather than as an expenditure. 

 

 b. Fund Financial Statements 

 

The underlying accounting system of the District is organized and operated on the 
basis of separate funds, each of which is considered to be a separate accounting 
entity. The operations of each fund are accounted for with a separate set of selfbalancing 
accounts that comprise its assets, liabilities, fund equity, revenues and 
expenditures or expenses, as appropriate. Governmental resources are allocated to 
and accounted for in individual funds based upon the purposes for which they are to 
be spent and the means by which spending activities are controlled. 

 

Fund financial statements for the primary government’s governmental funds are 
presented after the government-wide financial statements. These statements display 
information about major funds individually. 

 

Governmental Funds 

 

The District classifies fund balance according to Governmental Accounting 
Standards Board Statement 54 – Fund Balance Reporting and Governmental Fund 
Type Definitions. The Statement requires the fund balance for governmental funds to 
be reported in classifications that comprise a hierarchy based primarily on the extent 
to which the government is bound to honor constraints on the specific purposes for 
which amounts in those funds can be spent. 


NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 

 

 2. Measurement Focus and Basis of Accounting (Continued) 

 

 b. Fund Financial Statements (Continued) 

 

Governmental Funds (Continued) 

 

The District has various policies governing the fund balance classifications. 

 

Nonspendable Fund Balance – This classification consists of amounts that cannot be 
spent because they are either not in spendable form or are legally or contractually 
required to be maintained intact. 

 

Restricted Fund Balance – This classification includes amounts that can be spent 
only for specific purposes stipulated by constitution, external resource providers, or 
through enabling legislation. 

 

Committed Fund Balance – This classification consists of contractual obligations 
which require formal approval from the Board of Supervisors. This type of fund 
balance can only be removed by the Board of Supervisors through the same 
approval process. 

 

Assigned Fund Balance – This classification consists of the Board of Supervisors’ 
intent to be used for specific purposes but are neither restricted nor committed. 

 

Unassigned Fund Balance – This classification is the residual classification for the 
government’s general fund and includes all spendable amounts not contained in the 
other classifications. Unassigned fund balance is considered to be utilized first when 
an expenditure is incurred for purposes for which amounts in any of those 
unrestricted fund balance classifications could be used. 

 

Fund Balance Spending Hierarchy – For all governmental funds except special 
revenue funds, when restricted, committed, assigned, and unassigned fund balances 
are combined in a fund, qualified expenditures are paid first from restricted or 
committed fund balance, as appropriate, then assigned and finally unassigned fund 
balances. 

 

Expenditures generally are recorded when a liability is incurred, as under accrual 
accounting. Interest associated with the current fiscal period is considered to be an 
accrual item and so has been recognized as revenue of the current fiscal period. 
Revenues are considered to be available when they are collected within the current 
period or soon thereafter to pay liabilities of the current period. For this purpose the 
district considers revenues to be available if they are collected within 60 days of the 
end of the current fiscal period. 

 


NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 

 

 2. Measurement Focus and Basis of Accounting (Continued) 

 

 b. Fund Financial Statements (Continued) 

 

Governmental Funds (Continued) 

 

Under the current financial resources measurement focus, only current assets and 
current liabilities are generally included on the balance sheet. The reported fund 
balance is considered to be a measure of “available spendable resources”. 
Governmental fund operating statements present increases (revenues) and 
decreases (expenditures) in net current assets. Accordingly, they are said to present 
a summary of sources and uses of “available spendable resources” during a period. 

 

Because of their spending measurement focus, expenditure recognition for 
governmental fund types excludes amounts represented by non-current liabilities. 
Since they do not affect net current assets, such long-term amounts are not 
recognized as governmental fund type expenditures or fund liabilities. 

 

Amounts expended to acquire capital assets are recorded as expenditures in the 
year that resources were expended, rather than as fund assets. The proceeds of 
long-term debt are recorded as an other financing source rather than as a fund 
liability. 

 

Debt service expenditures, as well as expenditures related to compensated 
absences, are recorded only when payment is due. 

 

Enterprise Funds 

 

In the fund financial statements, the enterprise fund is presented using the accrual 
basis of accounting. Revenues are recognized when they are earned and expenses 
are recognized when the related goods or services are delivered. In the fund 
financial statements, enterprise funds are presented using the economic resources 
measurement focus. This means that all assets and all liabilities (whether current or 
non-current) associated with their activity are included on their balance sheets. 
Enterprise fund operating statements present increases (revenues) and decreases 
(expenses) in total net position. The District applies all GASB pronouncements as 
well as all FASB Statements and Interpretations, APB Opinions and Accounting 
Research Bulletins, issued on or before November 30, 1989, which do not conflict 
with, or contradict, GASB pronouncements. 

 


NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 

 

 2. Measurement Focus and Basis of Accounting (Continued) 

 

 b. Fund Financial Statements (Continued) 

 

Enterprise Funds (Continued) 

 

Enterprise fund operating revenues, such as charges for services, result from 
exchange transactions associated with the principal activity of the fund. Exchange 
transactions are those in which each party receives and gives up essentially equal 
values. Non-operating revenues, such as investment earnings, result from nonexchange 
transactions or ancillary activities. Amounts paid to acquire capital assets 
are capitalized as assets in the fund financial statements, rather than reported as 
expenditures. Proceeds of long-term debt are recorded as a liability in the fund 
financial statements, rather than as other financing sources. 

 

Amounts paid to reduce long-term indebtedness are reported as a reduction of the 
related liabilities, rather than as an expense. 

 

 3. Basis of Presentation 

 

a. Governmental Major Funds 


 

General Fund – The General Fund is the District’s primary operating fund. It 
accounts for all financial resources of the general government, except those required 
to be accounted for in another fund. 

 

Debt Service Fund – The Debt Service Fund accounts for debt service requirements 
for the District’s outstanding Special Assessment Revenue Bonds, Series 2004. 

 

 b. Enterprise Major Fund 

 

Water and Sewer Fund – The Enterprise Fund accounts for the operations of the 
water and sewer utility system within the District. 

 

 c. Non-Current Governmental Assets/Liabilities 

 

GASB Statement 34 requires that non-current governmental assets, such as land 
and buildings, and non-current governmental liabilities, such as general obligation 
bonds, due to developer and accrued compensated absences be reported in the 
governmental activities column in the government-wide Statement of Net Position. 

 

 

 


NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 

 

 4. Assets, Liabilities, and Net Position or Equity 

 

 a. Cash and Investments 

 

Florida Statutes require state and local governmental units to deposit monies with 
financial institutions classified as "Qualified Public Depositories," a multiple financial 
institution pool whereby groups of securities pledged by the various financial 
institutions provide common collateral from their deposits of public funds. This pool 
is provided as additional insurance to the federal depository insurance and allows for 
additional assessments against the member institutions, providing full insurance for 
public deposits. 

 

The District is authorized to invest in those financial instruments as established by 
Section 218.415, Florida Statutes. The authorized investments consist of: 

 

1. Direct obligations of the United States Treasury; 


 

2. The Local Government Surplus Funds Trust or any intergovernmental investment 
pool authorized pursuant to the Florida Interlocal Cooperative Act of 1969; 


 

3. Interest-bearing time deposits or savings accounts in authorized qualified public 
depositories; 


 

4. Securities and Exchange Commission, registered money market funds with the 
highest credit quality rating from a nationally recognized rating agency. 


 

For purposes of the statement of cash flows, cash equivalents include time deposits, 
certificates of deposit and all highly liquid debt instruments with original maturities of 
three months or less and held in a qualified public depository as defined by Section 
280.02, Florida Statutes. 

 

 b. Receivables and Payables 

 

Activity between funds that are representative of lending/borrowing arrangements 
outstanding at the end of the fiscal year are referred to as “due to/from other funds”. 
Any residual balances outstanding between the governmental activities and 
business-type activities are reported as “internal balances”. 

 

 

 


NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 

 

 4. Assets, Liabilities, and Net Position or Equity (Continued) 

 

 c. Restricted Net Position 

 

Certain net position of the District are classified as restricted on the Statement of Net 
Position because their use is limited either by law through constitutional provisions or 
enabling legislation; or by restrictions imposed externally by creditors. In a fund with 
both restricted and unrestricted net position, qualified expenses are considered to be 
paid first from restricted net position and then from unrestricted net position. 

 

 d. Capital Assets 

 

Capital assets, which include land and improvements, infrastructure and equipment, 
are reported in the applicable governmental or business-type activities column. 

 

The District defines capital assets as assets with an initial, individual cost of $5,000 
or more and an estimated useful life in excess of one year. The valuation basis for 
all assets is historical cost. 

 

The costs of normal maintenance and repairs that do not add to the value of the 
asset or materially extend its useful life are not capitalized. 

 

Major outlays for capital assets and improvements are capitalized as projects are 
constructed. 

 

Depreciation of capital assets is computed and recorded by utilizing the straight-line 
method. Estimated useful lives of the various classes of depreciable capital assets 
are as follows: 

 

Equipment 5-10 years 

Infrastructure 30-40 years 

 


NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 

 

 4. Assets, Liabilities, and Net Position or Equity (Continued) 

 

 e. Budgets 

 

Budgets are prepared and adopted after public hearings for the governmental funds, 
pursuant to the requirements of the Florida Statutes. The District utilizes the same 
basis of accounting for budgets as it does for revenues and expenditures in its 
various funds. The legal level of budgetary control is at the fund level. All budgeted 
appropriations lapse at year end. Formal budgets are adopted for the general and 
debt service funds. As a result, deficits in the budget columns of the accompanying 
financial statements may occur. 

 

NOTE B – RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL 
STATEMENTS 

 

 1. Explanation of Differences Between the Governmental Fund Balance Sheet and 
the Government-wide Statement of Net Position 

 

“Total fund balances” of the District’s governmental funds, $2,466,567, differs from “net 
position” of governmental activities, $3,923,956, reported in the Statement of Net 
Position. This difference primarily results from the long-term economic focus of the 
Statement of Net Position versus the current financial resources focus of the 
governmental fund balance sheet. The effect of the differences is illustrated below. 

 

 Capital related items 

 

When capital assets (land, infrastructure and equipment that are to be used in 
governmental activities) are purchased or constructed, the cost of those assets is 
reported as expenditures in governmental funds. However, the Statement of Net 
Position included those capital assets among the assets of the District as a whole. 

 

 Land and improvements $ 5,225,000 

 Infrastructure 15,256,727 

 Accumulated depreciation (6,014,947) 

 Total $ 14,466,780 

 


NOTE B – RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL 
STATEMENTS (CONTINUED) 

 

 1. Explanation of Differences Between the Governmental Fund Balance Sheet and 
the Government-wide Statement of Net Position (Continued) 

 

 Long-term debt transactions 

 

Long-term liabilities applicable to the District’s governmental activities are not due and 
payable in the current period and accordingly are not reported as fund liabilities. All 
liabilities (both current and long-term) are reported in the Statement of Net Position. 
Balances at September 30, 2022 were: 

 

 Bonds payable $ (12,705,000) 

 

 Accrued interest 

 

Accrued liabilities in the Statement of Net Position differ from the amount reported in 
governmental funds due to accrued interest on bonds. 

 

 Accrued interest $ (304,391) 

 

 2. Explanation of Differences Between the Governmental Fund Operating Statements 
and the Statement of Activities 

 

 The “net changes in fund balances” for government funds, $83,586, differs from the 
“change in net position” for governmental activities, $269,845, reported in the Statement 
of Activities. The differences arise primarily from the long-term economic focus of the 
Statement of Activities versus the current financial resources focus of the governmental 
funds. The effect of the differences is illustrated as follows. 

 

 Capital related items 

 

When capital assets that are to be used in governmental activities are purchased or 
constructed, the resources expended for those assets are reported as expenditures in 
governmental funds. However, in the Statement of Activities, the costs of those assets 
are allocated over their estimated useful lives and reported as depreciation. As a result, 
fund balances decrease by the amount of financial resources expended, whereas, net 
position decrease by the amount of depreciation charged for the year. 

 

 Depreciation $ (469,075) 

 


NOTE B – RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL 
STATEMENTS (CONTINUED) 

 

 2. Explanation of Differences Between the Governmental Fund Operating Statements 
and the Statement of Activities (Continued) 

 

 Long-term debt transactions 

 

Repayments of bond principal are reported as expenditures in the governmental funds 
and, thus, have the effect of reducing fund balance because current financial resources 
have been used. 

 

 Bond principal payments $ 640,000 

 

Some expenses reported in the Statement of Activities do not require the use of current 
financial resources; therefore, are not reported as expenditures in governmental funds. 

 

 Net change in accrued interest payable $ 15,334 

 

NOTE C – CASH AND INVESTMENTS 

 

All deposits are held in qualified public depositories and are included on the accompanying 
balance sheet as cash and investments. 

 

Custodial Credit Risk – Deposits 

 

Custodial credit risk is the risk that in the event of a bank failure, the District's deposits may not 
be returned to it. The District does not have a formal deposit policy for custodial credit risk, 
however, they have adopted the provisions of Chapter 280, Florida Statutes regarding deposits 
and investments. As of September 30, 2022, the District's bank balance and carrying value 
were $806,929. Exposure to custodial credit risk was as follows. The District maintains all 
deposits in a qualified public depository in accordance with the provisions of Chapter 280, 
Florida Statutes, which means that all deposits are fully insured by Federal Depositors 
Insurance or collateralized under Chapter 280, Florida Statutes. 

 

 

 

 

 

 

 

 

 

 

 

 


NOTE C – CASH AND INVESTMENTS (CONTINUED) 

 

Investments 

 

As of September 30, 2022, the District had the following investments and maturities: 

 

 

 

The District categorizes its fair value measurements within the fair value hierarchy recently 
established by generally accepted accounting principles. The fair value is the price that would 
be received to sell an asset, or paid to transfer a liability, in an orderly transaction between 
market participants at the measurement date. The hierarchy is based on the valuation inputs 
used to measure the fair value of the asset. The District uses a market approach in measuring 
fair value that uses prices and other relevant information generated by market transactions 
involving identical or similar assets, liabilities, or groups of assets and liabilities. 

 

Assets or liabilities are classified into one of three levels. Level 1 is the most reliable and is 
based on quoted price for identical assets, or liabilities, in an active market. Level 2 uses 
significant other observable inputs when obtaining quoted prices for identical or similar assets, 
or liabilities, in markets that are not active. Level 3 is the least reliable and uses significant 
unobservable inputs that uses the best information available under the circumstances, which 
includes the District’s own data in measuring unobservable inputs. 

 

Based on the criteria in the preceding paragraph, the investment in Fidelity Government 
Portfolio Fund is a Level 1 asset. 

 

The District’s investment policy allows management to invest funds in investments permitted 
under Section 218.415, Florida Statutes. The investment in Florida PRIME is measured at 
amortized cost. Florida PRIME has established policies and guidelines regarding participant 
transactions and the authority to limit or restrict withdrawals or impose a penalty for an early 
withdrawal. As of September 30, 2022, there were no redemption fees, maximum transaction 
amounts, or any other requirement that would limit daily access to 100 percent of the account 
value. 

 

Investment Maturities Fair Value 
Fidelity Government Portfolio Fund 16 Days* $ 2,098,440 
Florida PRIME 21 Days* 1,325,423 
Total $ 3,423,863 
* Weighted Average Maturity 
Interest Rate Risk 

 

The District does not have a formal investment policy that limits investment maturities as a 
means of managing its exposure to fair value losses arising from increasing interest rates. 

 


NOTE C – CASH AND INVESTMENTS (CONTINUED) 

 

Credit Risk 

 

The District's investments in government loans are limited by state statutory requirements and 
bond compliance. The District has no investment policy that would further limit its investment 
choices. The Local Government Surplus Funds Trust is an authorized investment under 
Section 218.415, Florida Statutes. The District's investments in the state investment pool and 
government loans are limited by state statutory requirements and bond compliance. As of 
September 30, 2022, the District's investments in the Fidelity Government Portfolio Fund were 
rated as AAAm by Standard & Poor's. 

 

Concentration of Credit Risk 

 

The investments in Fidelity Government Portfolio Fund are 61% of the District’s total 
investments. The remaining investments in Florida PRIME are 39% of the District’s total 
investments. 

 

The types of deposits and investments and their level of risk exposure as of September 30, 
2022 were typical of these items during the fiscal year then ended. 

 

NOTE D – SPECIAL ASSESSMENT REVENUES 

 

Assessments are non-ad valorem assessments on benefitted property within the District. 
Operating and Maintenance Assessments are based upon adopted budget and levied annually. 
Debt Service Assessments are levied when bonds are issued and collected annually. The 
District may collect assessments directly or utilize the uniform method of collection (Chapter 
197.3632, Florida Statutes). Direct collected assessments are due as determined by annual 
assessment resolution adopted by the Board of Supervisors. Assessments collected under the 
uniform method are mailed by County Tax Collector on November 1 and due on or before 
March 31 of each year. Property owners may prepay a portion or all of the Debt Service 
Assessments on their property subject to various provisions in the bond documents. 

 

Assessments and interest associated with the current fiscal period are all considered to be 
susceptible to accrual and so have been recognized as revenues of the current fiscal period. 
Only the portion of assessments receivable due within the current fiscal period is considered to 
be susceptible to accrual as revenue of the current period. 

 


NOTE E – CAPITAL ASSETS 

 

Capital asset activity for Governmental Activities for the year ended September 30, 2022 was as 
follows: 

 

 

Depreciation of $469,075 was charged to physical environment. 

 

Capital asset activity for Business-type Activities for the year ended September 30, 2022 was as 
follows: 

 

Depreciation of $236,480 was charged to water and sewer. 
Balance Balance 
Business-type Activities: 10/1/2021 Additions Deletions 9/30/2022 
Capital assets, being depreciated: 
Infrastructure $ 7,491,929 $ - $ - $ 7,491,929 
Equipment 408,262 - - 408,262 
Total Capital Assets, Being Depreciated 7,900,191 - - 7,900,191 
Less accumulated depreciation for: 
Infrastructure (2,332,901) (187,298) - (2,520,199) 
Equipment (193,171) (49,182) - (242,353) 
Total Accumulated Depreciation (2,526,072) (236,480) - (2,762,552) 
Business-type Activities Capital Assets, Net $ 5,374,119 $ (236,480) $ - $ 5,137,639 

 Balance Balance 
10/1/2021 Additions Deletions 9/30/2022 
Governmental Activities: 
Capital assets, not being depreciated: 
Land and improvements $ 5,225,000 $ - $ - $ 5,225,000 
Capital assets, being depreciated: 
Infrastructure 15,256,727 - - 15,256,727 
Less accumulated depreciation for: 
Infrastructure (5,545,872) (469,075) - (6,014,947) 
Total Capital Assets Depreciated, Net 9,710,855 (469,075) - 9,241,780 
Governmental Activities Capital Assets, Net $ 14,935,855 $ (469,075) $ - $ 14,466,780
NOTE F – LONG-TERM DEBT 

 

The following is a summary of the long-term debt activity of the Governmental Activities for the 
year ended September 30, 2022: 

 

Long-term debt at October 1, 2021 $ 13,345,000 

 

 Principal payments (640,000) 

 

Long-term debt at September 30, 2022 $ 12,705,000 

 

Special Assessment Revenue Bonds payable at September 30, 2022 are comprised of the 
following: 

 

$22,780,000 Special Assessment Revenue Bonds, 

Series 2004 due in annual principal installments 

beginning May 1, 2010. Interest at 5.75% is due 

in May and November. $ 12,705,000 

 

The Special Assessment Revenue Bonds are secured primarily from special assessment taxes 
levied by the District. 

 

The annual requirements to amortize the principal and interest of governmental activity debt 
outstanding for the next five years and thereafter are as follows: 

 

 

 

Year Ending 
September 30, Principal Interest Total 
2023 $ 675,000 $ 730,538 $ 1,405,538 
2024 715,000 591,726 1,306,726 
2025 760,000 650,612 1,410,612 
2026 805,000 606,912 1,411,912 
2027 850,000 560,626 1,410,626 
2028-2032 5,070,000 2,009,338 7,079,338 
2033-2035 3,830,000 448,790 4,278,790 
Totals $ 12,705,000 $ 5,598,542 $ 18,303,542 
NOTE F – LONG-TERM DEBT (CONTINUED) 

 

Special Assessment Revenue Bonds, Series 2004 

 

Summary of Significant Bond Resolution Terms and Covenants 

 

Depository Funds 

 

The bond resolution established certain funds and determines the order in which revenues are 
to be deposited in these funds. A description of these funds, including their purpose, is as 
follows: 

 

1. Bond Reserve Fund – Series 2004 – for deposit of an amount equal to 7% of the deemed 
outstanding principal at defined measurement dates. The monies in the reserve account 
are only available for the payment of the principal and interest on the bonds. 


 

The following is a schedule of required reserve deposits as of September 30, 2022: 

 

 

The following is a summary of the long-term debt activity of the Business-type Activities for the 
year ended September 30, 2022: 

 

Long-term debt at October 1, 2021 $ 1,034,247 

 

 Accreted interest 36,518 

 Principal payments (837,493) 

 

Long-term debt at September 30, 2022 $ 233,272 

 

Reserve Reserve 
Requirement Balance 
Series 2004 Special Assessment Revenue Bonds $ 889,350 $ 976,510 
Utility System Bonds, Series 2004 

 

In December 2004, the District issued $8,030,000 Series 2004 Utility System Bonds were due in 
one balloon payment on November 1, 2010. The Bonds have a fixed interest rate of 5.30% due 
in May and November. 

 

The Series 2004 Utility System Bonds are secured by a pledge of revenues under the 
Indenture, which are defined as net revenues received from the water and sewer system for 
connection fees, user fees, standby fees, and payments from the Developer pursuant to the 
Utility Development Agreement. The Developer defaulted on this agreement in a prior year and, 
as a result, the Series 2004 Utility System Bonds were not fully redeemed upon maturity in 
2010. To cure the default on the Series 2004 Utility System Bonds, the matured bonds, payable 
in the amount of $2,005,000, were restructured with the issuance of the Series 2016 Utility 
System Bonds. 

 


NOTE F – LONG-TERM DEBT (CONTINUED) 

 

Utility System Bonds, Series 2016 

 

In September 2016, the District issued $2,346,216 Series 2016 Utility System Bonds due in one 
balloon payment on November 1, 2024 inclusive of the respective applicable accreted interest. 
The Series 2016 Utility System Bonds matured balance shall amount to $3,595,000 per the 
bond restructuring agreement and the trust indenture amendment. The bonds have a fixed 
interest rate of 5.30%. The Series 2016 Utility System Bonds outstanding balance as of 
September 30, 2022 is $233,272. 

 

The annual requirements to amortize the principal payments, accreted interest, and bonds 
payable of the business-type activity debt outstanding for the next five years and thereafter are 
as follows: 

 

 

Summary of Significant Bond Resolution Terms and Covenants 

 

1. Series 2016 Bonds shall not be subject to optional or mandatory redemption. The Series 
2016 Bonds are subject to an extraordinary mandatory redemption, in whole or in part, prior to 
maturity by the District on each February 1, May 1, August 1, and November 1, from monies 
deposited into the Connection Payment account of the redemption funds following the payment 
of Connection Fees per the first supplemental indenture. 

 

2. There are established within the bond fund held by the trustee: (i) a 2016 Interest Subaccount 
within the interest account, (ii) a 2016 principal subaccount within the principal account, and (iii) 
a 2016 reserve subaccount within the reserve account which shall be held solely for the benefits 
of all of the Series 2016 bonds. 

 

Year Ending Principal Accreted Bonds 
September 30, Payments Interest Payable 
2023 $ - $ 12,541 $ 245,813 
2024 - 13,201 259,014 
2025 260,000 986 - 
Totals $ 260,000 $ 26,728 $ 504,827
NOTE G – DEVELOPER TRANSACTIONS 

 

In prior years, the District entered into a Standard Potable Water and Wastewater Development 
Agreement with the Developer (Utility Development Agreement). In connection with this 
agreement, the District received a total of $5,059,983 in refundable advance fees (RAF), 
minimum Equivalent Residential Connections (ERC), and Allowance for Funds Prudently 
Invested (AFPI) Fees from the Developer. The Developer failed to make certain payments 
under the agreement and, as a result, the District withdrew approximately $464,779 from the 
RAF and Shortfall escrow accounts funded by the Developer in prior years. During the 2016 
Bond restructuring, the agreement was amended. The total balance remaining in the escrow 
accounts was $71,827 at September 30, 2022. During previous years, a new developer 
purchased most of the assets of the old developer. According to the amended utility 
development agreement dated September 1, 2017, the amount due is subject to the redemption 
of the bonds and satisfaction of other conditions; the maximum payment may not exceed 
$5,593,454. 

 

NOTE H – RISK MANAGEMENT 

 

The government is exposed to various risks of loss related to torts; theft of, damage to and 
destruction of assets; errors and omissions; and natural disasters for which the government 
carries commercial insurance. Settled claims from these risks have not exceeded commercial 
insurance coverage over the past three years. 

 


INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL 

REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT 

OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH 

GOVERNMENT AUDITING STANDARDS 





To the Board of Supervisors 

Bella Collina Community Development District 

Lake County, Florida 





We have audited, in accordance with the auditing standards generally accepted in the United 
States of America and the standards applicable to financial audits contained in Government 
Auditing Standards issued by the Comptroller General of the United States, the financial 
statements, as listed in the table of contents, of Bella Collina Community Development District, 
as of and for the year ended September 30, 2022, and the related notes to the financial 
statements, which collectively comprise the basic financial statements and have issued our 
report thereon dated June 21, 2023. 



Report on Internal Control Over Financial Reporting 



In planning and performing our audit, we considered Bella Collina Community Development 
District's internal control over financial reporting (internal control) as a basis for designing audit 
procedures that are appropriate in the circumstances for the purpose of expressing our opinions 
on the financial statements, but not for the purpose of expressing an opinion on the 
effectiveness of Bella Collina Community Development District’s internal control. Accordingly, 
we do not express an opinion on the effectiveness of Bella Collina Community Development 
District's internal control. 



A deficiency in internal control exists when the design or operation of a control does not allow 
management or employees, in the normal course of performing their assigned functions, to 
prevent, or detect and correct misstatements on a timely basis. A material weakness is a 
deficiency, or combination of deficiencies, in internal control, such that there is a reasonable 
possibility that a material misstatement of the entity's financial statements will not be prevented 
or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a 
combination of deficiencies, in internal control that is less severe than a material weakness, yet 
important enough to merit attention by those charged with governance. 



Our consideration of internal control was for the limited purpose described in the first paragraph 
of this section and was not designed to identify all deficiencies in internal control that might be 
material weaknesses or significant deficiencies. Given these limitations, during our audit we did 
not identify any deficiencies in internal control that we consider to be material weaknesses. 
However, material weaknesses or significant deficiencies may exist that have not been 
identified. 


To the Board of Supervisors 

Bella Collina Community Development District 

 

 

Report on Compliance and Other Matters 

 

As part of obtaining reasonable assurance about whether Bella Collina Community 
Development District's financial statements are free of material misstatement, we performed 
tests of its compliance with certain provisions of laws, regulations, contracts, and grant 
agreements, noncompliance with which could have a direct and material effect on the 
determination of financial statement amounts. However, providing an opinion on compliance 
with those provisions was not an objective of our audit, and accordingly, we do not express such 
an opinion. The results of our tests disclosed no instances of noncompliance or other matters 
that are required to be reported under Government Auditing Standards. 

 

Purpose of this Report 

 

The purpose of this report is solely to describe the scope of our testing of internal control and 
compliance and the results of that testing, and not to provide an opinion on the effectiveness of 
the entity’s internal control or on compliance. This report is an integral part of an audit 
performed in accordance with Government Auditing Standards in considering the entity’s 
internal control and compliance. Accordingly, this communication is not suitable for any other 
purpose. 

 

 

 

 

 

 

Berger, Toombs, Elam, Gaines & Frank 

Certified Public Accountants PL 

Fort Pierce, Florida 

 

June 21, 2023 

 


 

 

 

 

 

 

MANAGEMENT LETTER 

 

To the Board of Supervisors 

Bella Collina Community Development District 

Lake County, Florida 

 

Report on the Financial Statements 

 

We have audited the financial statements of the Bella Collina Community Development District 
as of and for the year ended September 30, 2022, and have issued our report thereon dated 
June 21, 2023. 

 

Auditor’s Responsibility 

 

We conducted our audit in accordance with auditing standards generally accepted in the United 
States; the standards applicable to financial audits contained in Government Auditing 
Standards, issued by the Comptroller General of the United States and Chapter 10.550, Rules 
of the Florida Auditor General. 

 

Other Reporting Requirements 

 

We have issued our Independent Auditor’s Report on Internal Control over Financial Reporting 
and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in 
Accordance with Government Auditing Standards and our Independent Auditor’s Report on an 
examination conducted in accordance with AICPA Professionals Standards, AT-C Section 315, 
regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor 
General. Disclosures in those reports, which are dated June 21, 2023, should be considered in 
conjunction with this management letter. 

 

Prior Audit Findings 

 

Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not 
corrective actions have been taken to address findings and recommendations made in the 
preceding financial audit report. There were no findings or recommendations in the preceding 
financial audit report. 

 

Financial Condition and Management 

 

Section 10.554(1)(i)5.a. and 10.556(7), Rules of the Auditor General, require us to apply 
appropriate procedures and communicate the results of our determination as to whether or not 
Bella Collina Community Development District has met one or more of the conditions described 
in Section 218.503(1), Florida Statutes, and to identify the specific conditions met. In 
connection with our audit, we determined that Bella Collina Community Development District did 
not meet any of the conditions described in Section 218.503(1) Florida Statutes. 

 

 


To the Board of Supervisors 

Bella Collina Community Development District 

 

Pursuant to Sections 10.554(1)(i)5.b. and 10.556(8), Rules of the Auditor General, we applied 
financial condition assessment procedures for Bella Collina Community Development District. It 
is management’s responsibility to monitor the Bella Collina Community Development District’s 
financial condition; our financial condition assessment was based in part on the representations 
made by management and the review of the financial information provided by the same as of 
September 30, 2022. 

 

Section 10.554(1)(i)2., Rules of the Auditor General, requires that we communicate any 
recommendations to improve financial management. In connection with our audit, we did not 
have any such recommendations. 

 

Specific Information 

 

The information below was provided by management and has not been audited by us; therefore, 
we do not express an opinion or provide any assurance on the information. 

 

As required by Section 218.39(3)(c), Florida Statutes, and Section 10.554(1)(i)6, Rules of the 
Auditor General, Bella Collina Community Development District reported: 

 

1) The total number of district employees compensated in the last pay period of the 
District’s fiscal year: 4 
2) The total number of independent contractors to whom nonemployee compensation was 
paid in the last month of the District’s fiscal year: 16 
3) All compensation earned by or awarded to employees, whether paid or accrued, 
regardless of contingency: $2,955 
4) All compensation earned by or awarded to nonemployee independent contractors, 
whether paid or accrued, regardless of contingency: $985,744 
5) Each construction project with a total cost of at least $65,000 approved by the District 
that is scheduled to begin on or after October 1, 2021, together with the total 
expenditures for such project: The District had no construction projects during the year. 
6) A budget variance based on the budget adopted under Section 189.016(4), Florida 
Statutes, before the beginning of the fiscal year being reported if the District amends a 
final adopted budget under Section 189.016(6), Florida Statutes: The District did not 
amend the original budget. 


 

As required by Section 218.39(3)(c), Florida Statutes, and Section 10.554(1)(i)8, Rules of the 
Auditor General, the Bella Collina Community Development District reported: 

 

1) The rate or rates of non-ad valorem special assessments imposed by the District. The 
General Fund assessment was $84.38 - $225.00, the Debt Service assessment was 
$871.19 - $1,742.38, and the Water & Sewer assessment was $195.00. 
2) Total special assessments collected was $1,809,175. 
3) The total amount of outstanding bonds issued by the District and the terms of such 
bonds. The District had outstanding bonds at September 30, 2022 of $12,705,000 
Series 2004 Bonds maturing May 2035 and $233,272 Series 2016 Bonds maturing 
November 2024. 



To the Board of Supervisors 

Bella Collina Community Development District 

 

Additional Matters 


Section 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate 
noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, 
or are likely to have occurred, that have an effect on the financial statements that is less than 
material but warrants the attention of those charged with governance. In connection with our 
audit, we did not note any such findings. 

 

Purpose of this Letter 

 

Our management letter is intended solely for the information and use of the Legislative Auditing 
Committee, members of the Florida Senate and the Florida House of Representatives, the 
Florida Auditor General, Federal and other granting agencies, the Board of Supervisors, and 
applicable management, and is not intended to be and should not be used by anyone other than 
these specified parties. 


 

 

 

 

Berger, Toombs, Elam, Gaines & Frank 

Certified Public Accountants PL 

Fort Pierce, Florida 

 

June 21, 2023 


INDEPENDENT ACCOUNTANTS’ REPORT/COMPLIANCE 

WITH SECTION 218.415, FLORIDA STATUTES 







To the Board of Supervisors 

Bella Collina Community Development District 

Lake County, Florida 





We have examined Bella Collina Community Development District's compliance with Section 
218.415, Florida Statutes during the year ended September 30, 2022. Management is 
responsible for Bella Collina Community Development District’s compliance with those 
requirements. Our responsibility is to express an opinion on Bella Collina Community 
Development District’s compliance based on our examination. 



Our examination was conducted in accordance with attestation standards established by the 
American Institute of Certified Public Accountants and, accordingly, included examining, on a 
test basis, evidence about Bella Collina Community Development District’s compliance with 
those requirements and performing such other procedures as we considered necessary in the 
circumstances. We believe that our examination provides a reasonable basis for our opinion. 
Our examination does not provide a legal determination on Bella Collina Community 
Development District’s compliance with the specified requirements. 



In our opinion, Bella Collina Community Development District complied, in all material respects, 
with the aforementioned requirements during the year ended September 30, 2022. 











Berger, Toombs, Elam, Gaines & Frank 

Certified Public Accountants PL 

Fort Pierce, Florida 



June 21, 2023 


 

 

 

 

 

 

 

 

DIVISION 0 

 

BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS 


 SECTION 00100 

 

INSTRUCTIONS TO BIDDERS 

 

 

1. DEFINED TERMS 

 

The following terms used in these Instructions to Bidders are defined in the Standard General 
Conditions of the Construction Contract, EJCDC-ACEC-NSPE-ASCE Document C-700 (2018 
edition): 

 

1.1 Addenda 
1.2 Agreement 
1.3 Bid 
1.4 Bidder 
1.5 Bidding Documents 
1.6 Contract 
1.7 Contract Documents 
1.8 Contract Price 
1.9 Contractor 
1.10 Effective Date of the Contract 
1.11 Engineer 
1.12 Notice of Award 
1.13 Notice to Proceed 
1.14 Owner 
1.15 Project 
1.16 Site 
1.17 Specifications 
1.18 Subcontractor 
1.19 Successful Bidder 
1.20 Supplementary Conditions 
1.21 Work 




 

2. COPIES OF BIDDING DOCUMENTS 

 

2.1 Complete sets of Bidding Documents may be obtained from the ENGINEER as 
stated in the Invitation to Bid. All inquiries in regard to the Bidding Documents 
during the bidding period shall be directed to: 

 

Boyd Environmental Engineering, Inc. 

175 West Broadway Street, Suite 101 

Oviedo, Florida, 32765 

Phone: 407 542-4919 

Attention: Mr. James C. Boyd, P.E. 

 

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither 
OWNER nor ENGINEER assume any responsibility for errors or 
misinterpretations resulting from the use of incomplete sets of Bidding 


Documents. 

 

2.3 OWNER and ENGINEER in making copies of Bidding Documents available on 
the above terms do so only for the purpose of obtaining Bids on the Work and do 
not confer a license or grant for any other use. 

 

3. QUALIFICATIONS OF BIDDERS 

 

The Contract, if awarded, will be awarded only to a responsible Contractor who is qualified by 
experience to do the Work specified. Each BIDDER must also be prepared to submit, within five 
days of OWNER'S request, written evidence which may include, but not be limited to: evidence 
of the necessary organization, capital, equipment and machinery to complete the Work within the 
limits stated in the Bidding Documents; previous experience in like work; and evidence of 
authority to conduct business in the jurisdiction where the Project is located. Each Bid must 
contain evidence of BIDDER'S qualification to do business in the state where the Project is 
located or covenant to obtain such qualification prior to award of the Contract. 

 

4. DISQUALIFICATION OF BIDDERS 

 

4.1 Only one Bid from an individual firm, partnership or corporation under the same 
or under different names will be considered. Reasonable grounds for believing 
that a BIDDER is interested in more than one Bid for the same Work will cause 
rejection of all Bids in which such BIDDER, or BIDDERS, are believed to be 
interested. 

 

4.2 Any or all Bids will be rejected if there is reason to believe that collusion exists 
among the BIDDERS and no participants in such collusion will be considered in 
future Bids for the same work. 

 

5. EXAMINATION OF BIDDING DOCUMENTS AND SITE 

 

5.1 Before submitting a Bid, each BIDDER must (a) examine the Bidding Documents 
thoroughly, (b) visit the Site to become familiar with local conditions that may in 
any manner affect cost, progress or performance of the Work, become familiar 
himself with Federal, State and local laws, ordinances, rules and regulations that 
may in any manner affect cost, 

 

5.2 Any records of contours, obstructions and other subsurface investigations 
included hereinafter were made solely for design purposes for the Work; and the 
OWNER and his ENGINEER do not warrant, guarantee or represent that said 
data is correct with respect to actual subsurface conditions; therefore, the 
BIDDER, by and through the submission of his Bid, affirms that he has made, or 
has caused to be made, his own test holes and/or other investigations of such 
subsurface conditions, and/or that he has otherwise satisfied himself with respect 
to such conditions; and, should the BIDDER be awarded the Contract, he agrees 
that he will make no claims against the OWNER or his ENGINEER if, in carrying 
out the Work, he finds that the actual conditions do not conform to those 
indicated. 


 

5.3 The BIDDER, in preparing his Bid, shall take into consideration that work by 
other contractors may be in progress at or near the Site during the performance of 
the Work, and that he will be expected, should he be awarded the Contract, to 
avoid interference with work done by such other contractors and to coordinate his 
Work with other contractors at the Site. 

 

5.4 On request, OWNER will provide each BIDDER access to the Site to conduct 
such investigations and tests as each BIDDER deems necessary for submission of 
his Bid. 

 

5.5 The submission of a Bid will constitute an incontrovertible representation by the 
BIDDER that he has complied with every requirement of this Article 5 and that 
the Bidding Documents are sufficient in scope and detail to indicate and convey 
understanding of all terms and conditions for performance of the Work. 

 

6. INTERPRETATIONS 

 

6.1 All questions about the meaning or intent of the Bidding Documents shall be 
submitted to ENGINEER in writing. Replies will be issued by Addenda, 
electronically transmitted to all parties recorded by ENGINEER as having 
received the Bidding Documents. Questions received less than two days prior to 
the date for opening of Bids will not be answered. Only questions answered by 
formal written Addenda will be binding. Oral and other interpretations or 
clarifications will be without legal effect. 

 

6.2 All Addenda issued by the ENGINEER prior to the opening of Bids for the 
purpose of changing the intent of the conditions and Specifications, or clarifying 
the meaning of same, shall be binding in the same way as if written in the 
conditions and Specifications. All Addenda are available to BIDDERS at the 
office of the ENGINEER, and it is each BIDDER'S responsibility to check with 
the issuing office and immediately secure all Addenda before submitting a Bid. It 
cannot be guaranteed that all BIDDERS will receive Addenda prior to the Bid 
Opening. Each BIDDER shall acknowledge receipt of all Addenda by notation in 
the space provided on the Bid Form. 

 

7. BID SECURITY 

 

7.1 Bid Security is not applicable to this project. 

 

8. CONTRACT TIME 

 

The number of days within which, or the date by which, the Work is to be completed (the 
Contract Time) is set forth in the Bid Form and will be included in the Agreement. 

 

9. LIQUIDATED DAMAGES 

 

Provisions for liquidated damages are set forth in the Agreement. 


 

10. SUBSTITUTE MATERIAL AND EQUIPMENT 

 

The Contract, if awarded, will be on the basis of material and equipment described in the 
Specifications without consideration of possible substitute of "or equal" items. Whenever it is 
indicated in the Specifications that a substitute of "or equal" item of material or equipment may 
be furnished or used by CONTRACTOR if acceptable to ENGINEER/OWNER, application for 
such acceptance will not be considered by ENGINEER/OWNER until after the Effective Date of 
the Contract. The procedure for submittal of any such application by CONTRACTOR and 
consideration by ENGINEER/OWNER is set forth in paragraphs 7.05 and 7.06 of the General 
Conditions which may be supplemented in the Supplementary Conditions. 

 

11. SUBCONTRACTORS, ETC. 

 

11.1 If the Supplementary Conditions require the identity of certain Subcontractors and 
other persons and organizations to be submitted to OWNER in advance of the 
Notice of Award, the apparent SUCCESSFUL BIDDER and any other BIDDER 
so requested, will within seven days after the day of the Bid Opening, submit to 
OWNER a list of all Subcontractors and other persons and organizations 
(including those who are to furnish the principal items of material and equipment) 
proposed for those portions of the Work as to which such identification is so 
required. Such list shall be accompanied by an experience statement with 
pertinent information as to similar projects and other evidence of qualification for 
each such Subcontractor, person and organization if requested by OWNER. If 
OWNER or ENGINEER after due investigation have reasonable objection to any 
proposed Subcontractor, other person or organization, may before giving the 
Notice of Award request the apparent SUCCESSFUL BIDDER to submit an 
acceptable substitute without an increase in Bid Price. If the apparent 
SUCCESSFUL BIDDER declines to make any such substitution, the Contract 
shall not be awarded to such BIDDER. Any Subcontractor, other person or 
organization so listed and to whom OWNER or ENGINEER does not make 
written objection prior to the giving of the Notice of Award will be deemed 
acceptable to OWNER and ENGINEER. 

 

11.2 No CONTRACTOR shall be required to employ any Subcontractor, other person 
or organization against whom he has reasonable objection. 

 

12. BID FORM 

 

12.1 Bids shall be submitted on the Bid Form furnished herein; additional copies may 
be obtained from ENGINEER. 

 

12.2 Bid Forms must be completed in indelible ink. All blank spaces shall be filled in 
correctly for each and every item for which a price or information is requested. 
The price bid for each item shall be on a lump sum or unit price basis according to 
the Bid Form. The total price bid for the Work shall be the sum of the lump sum 
prices bid and the unit prices multiplied by appropriate estimated quantities for 
the individual items and shall be stated in figures in the appropriate place on the 


Bid Form. In the event there is a discrepancy on the Bid Form due to errors in the 
unit price extensions or additions, the corrected extension and additions shall be 
used to determine the Project bid amount. All requested alternates shall be bid 
unless otherwise specified. 

 

12.3 Bids by corporations must be executed in the corporate name by the president or a 
vice president (or other corporate officer accompanied by evidence of authority to 
sign) and the corporate seal must be affixed and attested by the corporate 
secretary or an assistant secretary. The corporate address and state of 
incorporation shall be shown below the signature. 

 

12.4 Bids by partnerships must be executed in the partnership name and signed by a 
partner, whose title must appear under the signature and the official address of the 
partnership must be shown below the signatures. 

 

12.5 All names must be typed or printed below the signature. 

 

12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers 
of which shall be filled in on the Bid Form). 

 

12.7 The address to which communications regarding the Bid are to be directed must 
be shown. 

 

13. SUBMISSION OF BIDS 

 

Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be 
enclosed in an opaque sealed envelope, marked with the project title and name and address of the 
BIDDER and accompanied by other required documents. If the Bid is sent through the mail or 
other delivery system the sealed envelope shall be enclosed in a separate envelope with the 
notation "BID ENCLOSED" on the face thereof. 

 

14. MODIFICATION AND WITHDRAWAL OF BIDS 

 

14.1 Bids may be modified or withdrawn by an appropriate document duly executed 
(in the manner that a Bid must be executed) and delivered to the place where Bids 
are to be submitted at any time prior to the opening of Bids. Modifications will be 
read by OWNER or ENGINEER prior to formal opening of Bids. Withdrawn 
Bids will be returned to the BIDDER unopened. 

 

14.2 If, within twenty-four hours or next business day after Bids are opened, any 
BIDDER files a duly signed written notice with OWNER and promptly thereafter 
demonstrates to the reasonable satisfaction of OWNER that there was a material 
and substantial mistake in the preparation of his Bid, that BIDDER may withdraw 
his Bid. Thereafter, that BIDDER will be disqualified from further bidding on the 
Work. 

 

15. SUBMISSION OF BIDS 

 


Bids shall be submitted by no later than the date and time indicated in the Invitation to Bid. 

 

16. BIDS TO REMAIN VALID 

 

All Bids shall remain valid for ninety (90) days after the day of the Bid Opening, but OWNER 
may, at his sole discretion, release any Bid prior to that date. 

 

17. AWARD OF CONTRACT 

 

17.1 OWNER reserves the right to reject any and all Bids, to waive any and all 
informalities and to negotiate Contract terms with the SUCCESSFUL BIDDER, 
and the right to disregard all nonconforming, nonresponsive or conditional Bids. 
Discrepancies between words and figures will be resolved in favor of words. 
Discrepancies between the indicated sum of any column of figures and the correct 
sum thereof will be resolved in favor of the correct sum. 

 

17.2 In evaluating Bids, OWNER shall consider the qualifications of the BIDDERS, 
whether or not the Bids comply with the prescribed requirements, and alternates 
and unit prices if requested in the Bid Forms. It is OWNER'S intent to accept 
alternates (if any are accepted) in order in which they are listed in the Bid Form 
but OWNER may accept them in any order or combination. 

 

17.3 OWNER may consider the qualifications and experience of Subcontractors and 
other persons and organizations (including those who are to furnish the principal 
items of material or equipment) proposed for those portions of the Work as to 
which the identity of Subcontractors and other persons and organizations must be 
submitted as provided in the Supplementary Conditions or Specifications. 
Operating costs, maintenance considerations, performance data and guarantees of 
materials and equipment may also be considered by OWNER. 

 

17.4 OWNER may conduct such investigations as he deems necessary to assist in the 
evaluation of any Bid and to establish the responsibility, qualifications and 
financial ability of the BIDDERS, proposed Subcontractors and other persons and 
organizations to do the Work in accordance with the Contract Documents to 
OWNER'S satisfaction within the prescribed time. 

 

17.5 OWNER reserves the right to reject the Bid of any BIDDER who does not pass 
any such evaluation to OWNER'S satisfaction. 

 

17.6 If the Contract is to be awarded, the SUCCESSFUL BIDDER will be selected by 
OWNER based upon consideration of a combination of value factors, including 
the BIDDER’S price, schedule, experience and approach. OWNER reserves the 
right to accept the Bid that, in its judgment, will provide the best value to 
OWNER and will be in the best interests of OWNER. 

 

17.7 If the Contract is to be awarded, OWNER will give the SUCCESSFUL BIDDER 
a Notice of Award within ninety (90) days after the day of the Bid Opening. 

 


18. BONDS AND INSURANCE 

 

Article 6 of the General Conditions and the Supplementary Conditions set forth OWNER'S 
requirements as to performance, payment and other bonds, and insurance. 

 

19. SIGNING OF AGREEMENT 

 

19.1 When OWNER gives a Notice of Award to the SUCCESSFUL BIDDER, it will 
be accompanied by at least three unsigned counterparts of the Agreement and all 
other Contract Documents. Within ten (10) days thereafter CONTRACTOR shall 
sign and deliver at least three counterparts of the Agreement to OWNER with all 
other required Contract Documents attached. Within ten (10) days thereafter 
OWNER will deliver one fully signed counterpart to CONTRACTOR. 
ENGINEER will identify those portions of the Contract Documents not fully 
signed by OWNER and CONTRACTOR and such identification shall be binding 
on all parties. 

 

19.2 Failure on the part of the SUCCESSFUL BIDDER to execute the Agreement 
within the time stated will be just cause for the annulment of the award. The 
award may be made to the next acceptable BIDDER, or the Work re-advertised as 
the OWNER may elect. 

 

20. INTERPRETATION OF ESTIMATED QUANTITIES 

 

In the case of unit price items, the estimated quantities of Work to be done and materials to be 
furnished under this Contract, given in the Bid Form, are to be considered as approximate only 
and are to be used solely for the comparison of Bids received. The OWNER and/or his 
ENGINEER do not expressly or by implication represent that the actual quantities involved will 
correspond exactly therewith; nor shall the BIDDER plead misunderstanding or deception 
because of such estimate or quantities or of the character, location or other conditions pertaining 
to the Work. 

 

Payment to the CONTRACTOR will be made only for the actual quantities of Work completed 
as required by the Contract Documents, and it is understood that the quantities may be increased 
or diminished as provided in the General Conditions without in any way invalidating any of the 
unit or lump sum prices bid. 

 

 

 

END OF SECTION 

 


 SECTION 00700 

 

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 

 

 


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 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Endorsed By 

 

 

 

 

 


Copyright© 2018 

National Society of Professional Engineers 

1420 King Street, Alexandria, VA 22314-2794 

(703) 684-2882 

www.nspe.org 

American Council of Engineering Companies 

1015 15th Street N.W., Washington, DC 20005 

(202) 347-7474 

www.acec.org 

American Society of Civil Engineers 

1801 Alexander Bell Drive, Reston, VA 20191-4400 

(800) 548-2723 

www.asce.org 

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed 
above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC 
documents; please direct all inquiries regarding EJCDC copyrights to NSPE. 

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring 
organizations above. 

 


STANDARD GENERAL CONDITIONS 

OF THE CONSTRUCTION CONTRACT 

TABLE OF CONTENTS 

Page 
Article 1—Definitions and Terminology ........................................................................................................ 1 
1.01 Defined Terms ............................................................................................................................... 1 
1.02 Terminology .................................................................................................................................. 6 
Article 2—Preliminary Matters ..................................................................................................................... 7 
2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance......................................... 7 
2.02 Copies of Documents .................................................................................................................... 7 
2.03 Before Starting Construction ........................................................................................................ 7 
2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8 
2.05 Acceptance of Schedules .............................................................................................................. 8 
2.06 Electronic Transmittals ................................................................................................................. 8 
Article 3—Contract Documents: Intent, Requirements, Reuse .................................................................... 9 
3.01 Intent ............................................................................................................................................. 9 
3.02 Reference Standards ..................................................................................................................... 9 
3.03 Reporting and Resolving Discrepancies ...................................................................................... 10 
3.04 Requirements of the Contract Documents ................................................................................. 10 
3.05 Reuse of Documents ................................................................................................................... 11 
Article 4—Commencement and Progress of the Work .............................................................................. 11 
4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 11 
4.02 Starting the Work ........................................................................................................................ 11 
4.03 Reference Points ......................................................................................................................... 11 
4.04 Progress Schedule ....................................................................................................................... 12 
4.05 Delays in Contractor’s Progress .................................................................................................. 12 
Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 13 
5.01 Availability of Lands .................................................................................................................... 13 
5.02 Use of Site and Other Areas ........................................................................................................ 14 
5.03 Subsurface and Physical Conditions ............................................................................................ 15 
5.04 Differing Subsurface or Physical Conditions ............................................................................... 16 
5.05 Underground Facilities ................................................................................................................ 17 
5.06 Hazardous Environmental Conditions at Site ............................................................................. 19 
Article 6—Bonds and Insurance .................................................................................................................. 21 
6.01 Performance, Payment, and Other Bonds .................................................................................. 21 
6.02 Insurance—General Provisions ................................................................................................... 22 
6.03 Contractor’s Insurance ................................................................................................................ 24 
6.04 Builder’s Risk and Other Property Insurance .............................................................................. 25 
6.05 Property Losses; Subrogation ..................................................................................................... 25 
6.06 Receipt and Application of Property Insurance Proceeds .......................................................... 27 
Article 7—Contractor’s Responsibilities ..................................................................................................... 27 
7.01 Contractor’s Means and Methods of Construction .................................................................... 27 
7.02 Supervision and Superintendence .............................................................................................. 27 
7.03 Labor; Working Hours ................................................................................................................. 27 
7.04 Services, Materials, and Equipment ........................................................................................... 28 
7.05 “Or Equals” .................................................................................................................................. 28 
7.06 Substitutes .................................................................................................................................. 29 
7.07 Concerning Subcontractors and Suppliers .................................................................................. 31 
7.08 Patent Fees and Royalties ........................................................................................................... 32 
7.09 Permits ........................................................................................................................................ 33 
7.10 Taxes ........................................................................................................................................... 33 
7.11 Laws and Regulations .................................................................................................................. 33 
7.12 Record Documents ...................................................................................................................... 33 
7.13 Safety and Protection ................................................................................................................. 34 
7.14 Hazard Communication Programs .............................................................................................. 35 
7.15 Emergencies ................................................................................................................................ 35 
7.16 Submittals ................................................................................................................................... 35 
7.17 Contractor’s General Warranty and Guarantee ......................................................................... 38 
7.18 Indemnification ........................................................................................................................... 39 
7.19 Delegation of Professional Design Services ................................................................................ 39 
Article 8—Other Work at the Site ............................................................................................................... 40 
8.01 Other Work ................................................................................................................................. 40 
8.02 Coordination ............................................................................................................................... 41 
8.03 Legal Relationships ...................................................................................................................... 41 
Article 9—Owner’s Responsibilities ............................................................................................................ 42 
9.01 Communications to Contractor .................................................................................................. 42 
9.02 Replacement of Engineer ............................................................................................................ 42 
9.03 Furnish Data ................................................................................................................................ 42 
9.04 Pay When Due ............................................................................................................................. 42 
9.05 Lands and Easements; Reports, Tests, and Drawings ................................................................. 43 
9.06 Insurance ..................................................................................................................................... 43 
9.07 Change Orders ............................................................................................................................ 43 
9.08 Inspections, Tests, and Approvals ............................................................................................... 43 
9.09 Limitations on Owner’s Responsibilities ..................................................................................... 43 
9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 43 
9.11 Evidence of Financial Arrangements ........................................................................................... 43 
9.12 Safety Programs .......................................................................................................................... 43 
Article 10—Engineer’s Status During Construction .................................................................................... 44 
10.01 Owner’s Representative .......................................................................................................... 44 
10.02 Visits to Site ............................................................................................................................. 44 
10.03 Resident Project Representative............................................................................................. 44 
10.04 Engineer’s Authority ............................................................................................................... 44 
10.05 Determinations for Unit Price Work ....................................................................................... 45 
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45 
10.07 Limitations on Engineer’s Authority and Responsibilities ...................................................... 45 
10.08 Compliance with Safety Program ............................................................................................ 45 
Article 11—Changes to the Contract .......................................................................................................... 46 
11.01 Amending and Supplementing the Contract .......................................................................... 46 
11.02 Change Orders ........................................................................................................................ 46 
11.03 Work Change Directives .......................................................................................................... 46 
11.04 Field Orders ............................................................................................................................. 47 
11.05 Owner-Authorized Changes in the Work ................................................................................ 47 
11.06 Unauthorized Changes in the Work ........................................................................................ 47 
11.07 Change of Contract Price ........................................................................................................ 47 
11.08 Change of Contract Times ....................................................................................................... 49 
11.09 Change Proposals .................................................................................................................... 49 
11.10 Notification to Surety .............................................................................................................. 50 
Article 12—Claims ....................................................................................................................................... 50 
12.01 Claims ...................................................................................................................................... 50 
Article 13—Cost of the Work; Allowances; Unit Price Work ...................................................................... 51 
13.01 Cost of the Work ..................................................................................................................... 51 
13.02 Allowances .............................................................................................................................. 55 
13.03 Unit Price Work ....................................................................................................................... 55 
Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 56 
14.01 Access to Work ........................................................................................................................ 56 
14.02 Tests, Inspections, and Approvals ........................................................................................... 56 
14.03 Defective Work ....................................................................................................................... 57 
14.04 Acceptance of Defective Work................................................................................................ 58 
14.05 Uncovering Work .................................................................................................................... 58 
14.06 Owner May Stop the Work ..................................................................................................... 58 
14.07 Owner May Correct Defective Work ....................................................................................... 59 
Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 59 
15.01 Progress Payments .................................................................................................................. 59 
15.02 Contractor’s Warranty of Title ................................................................................................ 62 
15.03 Substantial Completion ........................................................................................................... 62 
15.04 Partial Use or Occupancy ........................................................................................................ 63 
15.05 Final Inspection ....................................................................................................................... 64 
15.06 Final Payment .......................................................................................................................... 64 
15.07 Waiver of Claims ..................................................................................................................... 65 
15.08 Correction Period .................................................................................................................... 66 
Article 16—Suspension of Work and Termination ..................................................................................... 67 
16.01 Owner May Suspend Work ..................................................................................................... 67 
16.02 Owner May Terminate for Cause ............................................................................................ 67 
16.03 Owner May Terminate for Convenience................................................................................. 68 
16.04 Contractor May Stop Work or Terminate ............................................................................... 68 
Article 17—Final Resolution of Disputes .................................................................................................... 69 
17.01 Methods and Procedures ........................................................................................................ 69 
Article 18—Miscellaneous .......................................................................................................................... 69 
18.01 Giving Notice ........................................................................................................................... 69 
18.02 Computation of Times............................................................................................................. 69 
18.03 Cumulative Remedies ............................................................................................................. 70 
18.04 Limitation of Damages ............................................................................................................ 70 
18.05 No Waiver ............................................................................................................................... 70 
18.06 Survival of Obligations ............................................................................................................ 70 
18.07 Controlling Law ....................................................................................................................... 70 
18.08 Assignment of Contract........................................................................................................... 70 
18.09 Successors and Assigns ........................................................................................................... 70 
18.10 Headings .................................................................................................................................. 70 



STANDARD GENERAL CONDITIONS 

OF THE CONSTRUCTION CONTRACT 

ARTICLE 1—DEFINITIONS AND TERMINOLOGY 

1.01 Defined Terms 

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with 
initial capital letters, including the term’s singular and plural forms, will have the meaning 
indicated in the definitions below. In addition to terms specifically defined, terms with initial 
capital letters in the Contract Documents include references to identified articles and 
paragraphs, and the titles of other documents or forms. 

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which 
clarify, correct, or change the Bidding Requirements or the proposed Contract 
Documents. 

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth 
the Contract Price and Contract Times, identifies the parties and the Engineer, and 
designates the specific items that are Contract Documents. 

3. Application for Payment—The document prepared by Contractor, in a form acceptable to 
Engineer, to request progress or final payments, and which is to be accompanied by such 
supporting documentation as is required by the Contract Documents. 

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for 
the Work to be performed. 

5. Bidder—An individual or entity that submits a Bid to Owner. 

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and 
all Addenda. 

7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, 
Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 

8. Change Order—A document which is signed by Contractor and Owner and authorizes an 
addition, deletion, or revision in the Work or an adjustment in the Contract Price or the 
Contract Times, or other revision to the Contract, issued on or after the Effective Date of 
the Contract. 

9. Change Proposal—A written request by Contractor, duly submitted in compliance with 
the procedural requirements set forth herein, seeking an adjustment in Contract Price or 
Contract Times; contesting an initial decision by Engineer concerning the requirements of 
the Contract Documents or the acceptability of Work under the Contract Documents; 
challenging a set-off against payments due; or seeking other relief with respect to the 
terms of the Contract. 

10. Claim 

a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance 
with the procedural requirements set forth herein, seeking an adjustment of Contract 
Price or Contract Times; contesting an initial decision by Engineer concerning the 


requirements of the Contract Documents or the acceptability of Work under the 
Contract Documents; contesting Engineer’s decision regarding a Change Proposal; 
seeking resolution of a contractual issue that Engineer has declined to address; or 
seeking other relief with respect to the terms of the Contract. 

b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance 
with the procedural requirements set forth herein, contesting Engineer’s decision 
regarding a Change Proposal, or seeking resolution of a contractual issue that 
Engineer has declined to address. 

c. A demand or assertion by Owner or Contractor, duly submitted in compliance with 
the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, 
concerning disputes arising after Engineer has issued a recommendation of final 
payment. 

d. A demand for money or services by a third party is not a Claim. 

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated 
biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous 
waste, and any substance, product, waste, or other material of any nature whatsoever 
that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations 
regulating, relating to, or imposing liability or standards of conduct concerning, any 
hazardous, toxic, or dangerous waste, substance, or material. 

12. Contract—The entire and integrated written contract between Owner and Contractor 
concerning the Work. 

13. Contract Documents—Those items so designated in the Agreement, and which together 
comprise the Contract. 

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of 
the Work in accordance with the Contract Documents. 

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve 
Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 

16. Contractor—The individual or entity with which Owner has contracted for performance 
of the Work. 

17. Cost of the Work—See Paragraph 13.01 for definition. 

18. Drawings—The part of the Contract that graphically shows the scope, extent, and 
character of the Work to be performed by Contractor. 

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the 
Contract becomes effective. 

20. Electronic Document—Any Project-related correspondence, attachments to 
correspondence, data, documents, drawings, information, or graphics, including but not 
limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 

21. Electronic Means—Electronic mail (email), upload/download from a secure Project 
website, or other communications methods that allow: (a) the transmission or 
communication of Electronic Documents; (b) the documentation of transmissions, 
including sending and receipt; (c) printing of the transmitted Electronic Document by the 


recipient; (d) the storage and archiving of the Electronic Document by sender and 
recipient; and (e) the use by recipient of the Electronic Document for purposes permitted 
by this Contract. Electronic Means does not include the use of text messaging, or of 
Facebook, Twitter, Instagram, or similar social media services for transmission of 
Electronic Documents. 

22. Engineer—The individual or entity named as such in the Agreement. 

23. Field Order—A written order issued by Engineer which requires minor changes in the 
Work but does not change the Contract Price or the Contract Times. 

24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern 
in such quantities or circumstances that may present a danger to persons or property 
exposed thereto. 

a. The presence at the Site of materials that are necessary for the execution of the Work, 
or that are to be incorporated into the Work, and that are controlled and contained 
pursuant to industry practices, Laws and Regulations, and the requirements of the 
Contract, is not a Hazardous Environmental Condition. 

b. The presence of Constituents of Concern that are to be removed or remediated as 
part of the Work is not a Hazardous Environmental Condition. 

c. The presence of Constituents of Concern as part of the routine, anticipated, and 
obvious working conditions at the Site, is not a Hazardous Environmental Condition. 

25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, 
regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and 
all governmental bodies, agencies, authorities, and courts having jurisdiction. 

26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real 
property, or personal property. 

27. Milestone—A principal event in the performance of the Work that the Contract requires 
Contractor to achieve by an intermediate completion date, or by a time prior to 
Substantial Completion of all the Work. 

28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the 
Bid. 

29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the 
Contract Times will commence to run and on which Contractor shall start to perform the 
Work. 

30. Owner—The individual or entity with which Contractor has contracted regarding the 
Work, and which has agreed to pay Contractor for the performance of the Work, pursuant 
to the terms of the Contract. 

31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the 
sequence and duration of the activities comprising Contractor’s plan to accomplish the 
Work within the Contract Times. 

32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, 
and others, including planning, study, design, construction, testing, commissioning, and 
start-up, and of which the Work to be performed under the Contract Documents is a part. 


33. Resident Project Representative—The authorized representative of Engineer assigned to 
assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) 
includes any assistants or field staff of Resident Project Representative. 

34. Samples—Physical examples of materials, equipment, or workmanship that are 
representative of some portion of the Work and that establish the standards by which 
such portion of the Work will be judged. 

35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required 
submittals and the time requirements for Engineer’s review of the submittals. 

36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating 
portions of the Contract Price to various portions of the Work and used as the basis for 
reviewing Contractor’s Applications for Payment. 

37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or 
information that are specifically prepared or assembled by or for Contractor and 
submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether 
approved or not, are not Drawings and are not Contract Documents. 

38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner 
upon which the Work is to be performed, including rights-of-way and easements, and 
such other lands or areas furnished by Owner which are designated for the use of 
Contractor. 

39. Specifications—The part of the Contract that consists of written requirements for 
materials, equipment, systems, standards, and workmanship as applied to the Work, and 
certain administrative requirements and procedural matters applicable to the Work. 

40. Subcontractor—An individual or entity having a direct contract with Contractor or with 
any other Subcontractor for the performance of a part of the Work. 

41. Submittal—A written or graphic document, prepared by or for Contractor, which the 
Contract Documents require Contractor to submit to Engineer, or that is indicated as a 
Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include 
Shop Drawings and Samples; schedules; product data; Owner-delegated designs; 
sustainable design information; information on special procedures; testing plans; results 
of tests and evaluations, source quality-control testing and inspections, and field or Site 
quality-control testing and inspections; warranties and certifications; Suppliers’ 
instructions and reports; records of delivery of spare parts and tools; operations and 
maintenance data; Project photographic documentation; record documents; and other 
such documents required by the Contract Documents. Submittals, whether or not 
approved or accepted by Engineer, are not Contract Documents. Change Proposals, 
Change Orders, Claims, notices, Applications for Payment, and requests for interpretation 
or clarification are not Submittals. 

42. Substantial Completion—The time at which the Work (or a specified part thereof) has 
progressed to the point where, in the opinion of Engineer, the Work (or a specified part 
thereof) is sufficiently complete, in accordance with the Contract Documents, so that the 
Work (or a specified part thereof) can be utilized for the purposes for which it is intended. 
The terms “substantially complete” and “substantially completed” as applied to all or part 
of the Work refer to Substantial Completion of such Work. 


43. Successful Bidder—The Bidder to which the Owner makes an award of contract. 

44. Supplementary Conditions—The part of the Contract that amends or supplements these 
General Conditions. 

45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct 
contract with Contractor or with any Subcontractor to furnish materials or equipment to 
be incorporated in the Work by Contractor or a Subcontractor. 

46. Technical Data 

a. Those items expressly identified as Technical Data in the Supplementary Conditions, 
with respect to either (1) existing subsurface conditions at or adjacent to the Site, or 
existing physical conditions at or adjacent to the Site including existing surface or 
subsurface structures (except Underground Facilities) or (2) Hazardous 
Environmental Conditions at the Site. 

b. If no such express identifications of Technical Data have been made with respect to 
conditions at the Site, then Technical Data is defined, with respect to conditions at 
the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, 
recorded measurements of subsurface water levels, assessments of the condition of 
subsurface facilities, laboratory test results, and other factual, objective information 
regarding conditions at the Site that are set forth in any geotechnical, environmental, 
or other Site or facilities conditions report prepared for the Project and made 
available to Contractor. 

c. Information and data regarding the presence or location of Underground Facilities 
are not intended to be categorized, identified, or defined as Technical Data, and 
instead Underground Facilities are shown or indicated on the Drawings. 

47. Underground Facilities—All active or not-in-service underground lines, pipelines, 
conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other 
such facilities or systems at the Site, including but not limited to those facilities or systems 
that produce, transmit, distribute, or convey telephone or other communications, cable 
television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil 
products, liquid petroleum products, water, steam, waste, wastewater, storm water, 
other liquids or chemicals, or traffic or other control systems. An abandoned facility or 
system is not an Underground Facility. 

48. Unit Price Work—Work to be paid for on the basis of unit prices. 

49. Work—The entire construction or the various separately identifiable parts thereof 
required to be provided under the Contract Documents. Work includes and is the result 
of performing or providing all labor, services, and documentation necessary to produce 
such construction; furnishing, installing, and incorporating all materials and equipment 
into such construction; and may include related services such as testing, start-up, and 
commissioning, all as required by the Contract Documents. 

50. Work Change Directive—A written directive to Contractor issued on or after the Effective 
Date of the Contract, signed by Owner and recommended by Engineer, ordering an 
addition, deletion, or revision in the Work. 


1.02 Terminology 

A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that 
require initial capital letters, but, when used in the Bidding Requirements or Contract 
Documents, have the indicated meaning. 

B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” 
“as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an 
exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” 
“suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are 
used to describe an action or determination of Engineer as to the Work. It is intended that 
such exercise of professional judgment, action, or determination will be solely to evaluate, in 
general, the Work for compliance with the information in the Contract Documents and with 
the design concept of the Project as a functioning whole as shown or indicated in the Contract 
Documents (unless there is a specific statement indicating otherwise). The use of any such 
term or adjective is not intended to and shall not be effective to assign to Engineer any duty 
or authority to supervise or direct the performance of the Work, or any duty or authority to 
undertake responsibility contrary to the provisions of Article 10 or any other provision of the 
Contract Documents. 

C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next 
midnight. 

D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is 
unsatisfactory, faulty, or deficient in that it: 

1. does not conform to the Contract Documents; 

2. does not meet the requirements of any applicable inspection, reference standard, test, 
or approval referred to in the Contract Documents; or 

3. has been damaged prior to Engineer’s recommendation of final payment (unless 
responsibility for the protection thereof has been assumed by Owner at Substantial 
Completion in accordance with Paragraph 15.03 or Paragraph 15.04). 

E. Furnish, Install, Perform, Provide 

1. The word “furnish,” when used in connection with services, materials, or equipment, 
means to supply and deliver said services, materials, or equipment to the Site (or some 
other specified location) ready for use or installation and in usable or operable condition. 

2. The word “install,” when used in connection with services, materials, or equipment, 
means to put into use or place in final position said services, materials, or equipment 
complete and ready for intended use. 

3. The words “perform” or “provide,” when used in connection with services, materials, or 
equipment, means to furnish and install said services, materials, or equipment complete 
and ready for intended use. 

4. If the Contract Documents establish an obligation of Contractor with respect to specific 
services, materials, or equipment, but do not expressly use any of the four words 
“furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said 
services, materials, or equipment complete and ready for intended use. 


F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” 
or “Contract Times or Contract Price” or similar, indicate that such change applies to 
(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as 
warranted, even if the term “or both” is not expressed. 

G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known 
technical or construction industry or trade meaning are used in the Contract Documents in 
accordance with such recognized meaning. 

ARTICLE 2—PRELIMINARY MATTERS 

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance 

A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the 
Agreement to Owner, Contractor shall also deliver to Owner the performance bond and 
payment bond (if the Contract requires Contractor to furnish such bonds). 

B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the 
Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional 
insured (as identified in the Contract), the certificates, endorsements, and other evidence of 
insurance required to be provided by Contractor in accordance with Article 6, except to the 
extent the Supplementary Conditions expressly establish other dates for delivery of specific 
insurance policies. 

C. Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and 
all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, 
with copies to each additional insured (as identified in the Contract), the certificates and other 
evidence of insurance required to be provided by Owner under Article 6. 

2.02 Copies of Documents 

A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully 
signed counterpart of the Agreement), and one copy in electronic portable document format 
(PDF). Additional printed copies will be furnished upon request at the cost of reproduction. 

B. Owner shall maintain and safeguard at least one original printed record version of the 
Contract, including Drawings and Specifications signed and sealed by Engineer and other 
design professionals. Owner shall make such original printed record version of the Contract 
available to Contractor for review. Owner may delegate the responsibilities under this 
provision to Engineer. 

2.03 Before Starting Construction 

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise 
required by the Contract Documents), Contractor shall submit to Engineer for timely review: 

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for 
starting and completing the various stages of the Work, including any Milestones 
specified in the Contract; 

2. a preliminary Schedule of Submittals; and 

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices 
of items which when added together equal the Contract Price and subdivides the Work 


into component parts in sufficient detail to serve as the basis for progress payments 
during performance of the Work. Such prices will include an appropriate amount of 
overhead and profit applicable to each item of Work. 

2.04 Preconstruction Conference; Designation of Authorized Representatives 

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, 
and others as appropriate will be held to establish a working understanding among the parties 
as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for 
handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, 
electronic or digital transmittals, and maintaining required records. 

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual 
to act as its authorized representative with respect to the services and responsibilities under 
the Contract. Such individuals shall have the authority to transmit and receive information, 
render decisions relative to the Contract, and otherwise act on behalf of each respective 
party. 

2.05 Acceptance of Schedules 

A. At least 10 days before submission of the first Application for Payment a conference, attended 
by Contractor, Engineer, and others as appropriate, will be held to review the schedules 
submitted in accordance with Paragraph 2.03.A. No progress payment will be made to 
Contractor until acceptable schedules are submitted to Engineer. 

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression 
of the Work to completion within the Contract Times. Such acceptance will not impose 
on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or 
progress of the Work, nor interfere with or relieve Contractor from Contractor’s full 
responsibility therefor. 

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a 
workable arrangement for reviewing and processing the required submittals. 

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance 
if it provides a reasonable allocation of the Contract Price to the component parts of the 
Work. 

4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and 
resubmit the schedule. 

2.06 Electronic Transmittals 

A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor 
may send, and shall accept, Electronic Documents transmitted by Electronic Means. 

B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and 
Contractor shall jointly develop such protocols. 

C. Subject to any governing protocols for Electronic Means, when transmitting Electronic 
Documents by Electronic Means, the transmitting party makes no representations as to longterm 
compatibility, usability, or readability of the Electronic Documents resulting from the 
recipient’s use of software application packages, operating systems, or computer hardware 
differing from those used in the drafting or transmittal of the Electronic Documents. 


ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 

3.01 Intent 

A. The Contract Documents are complementary; what is required by one Contract Document is 
as binding as if required by all. 

B. It is the intent of the Contract Documents to describe a functionally complete Project (or part 
thereof) to be constructed in accordance with the Contract Documents. 

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the 
electronic versions of the Contract Documents (including any printed copies derived from 
such electronic versions) and the printed record version, the printed record version will 
govern. 

D. The Contract supersedes prior negotiations, representations, and agreements, whether 
written or oral. 

E. Engineer will issue clarifications and interpretations of the Contract Documents as provided 
herein. 

F. Any provision or part of the Contract Documents held to be void or unenforceable under any 
Law or Regulation will be deemed stricken, and all remaining provisions will continue to be 
valid and binding upon Owner and Contractor, which agree that the Contract Documents will 
be reformed to replace such stricken provision or part thereof with a valid and enforceable 
provision that comes as close as possible to expressing the intention of the stricken provision. 

G. Nothing in the Contract Documents creates: 

1. any contractual relationship between Owner or Engineer and any Subcontractor, 
Supplier, or other individual or entity performing or furnishing any of the Work, for the 
benefit of such Subcontractor, Supplier, or other individual or entity; or 

2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any 
money due any such Subcontractor, Supplier, or other individual or entity, except as may 
otherwise be required by Laws and Regulations. 

3.02 Reference Standards 

A. Standards Specifications, Codes, Laws and Regulations 

1. Reference in the Contract Documents to standard specifications, manuals, reference 
standards, or codes of any technical society, organization, or association, or to Laws or 
Regulations, whether such reference be specific or by implication, means the standard 
specification, manual, reference standard, code, or Laws or Regulations in effect at the 
time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), 
except as may be otherwise specifically stated in the Contract Documents. 

2. No provision of any such standard specification, manual, reference standard, or code, and 
no instruction of a Supplier, will be effective to change the duties or responsibilities of 
Owner, Contractor, or Engineer from those set forth in the part of the Contract 
Documents prepared by or for Engineer. No such provision or instruction shall be effective 
to assign to Owner or Engineer any duty or authority to supervise or direct the 
performance of the Work, or any duty or authority to undertake responsibility 


inconsistent with the provisions of the part of the Contract Documents prepared by or for 
Engineer. 

3.03 Reporting and Resolving Discrepancies 

A. Reporting Discrepancies 

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each 
part of the Work, Contractor shall carefully study the Contract Documents, and check and 
verify pertinent figures and dimensions therein, particularly with respect to applicable 
field measurements. Contractor shall promptly report in writing to Engineer any conflict, 
error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, 
and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, 
or discrepancy is resolved by a clarification or interpretation by Engineer, or by an 
amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 

2. Contractor’s Review of Contract Documents: If, before or during the performance of the 
Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the 
Contract Documents, or between the Contract Documents and (a) any applicable Law or 
Regulation, (b) actual field conditions, (c) any standard specification, manual, reference 
standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly 
report it to Engineer in writing. Contractor shall not proceed with the Work affected 
thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, 
ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or 
by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, 
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual 
knowledge thereof. 

B. Resolving Discrepancies 

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions 
of the part of the Contract Documents prepared by or for Engineer take precedence in 
resolving any conflict, error, ambiguity, or discrepancy between such provisions of the 
Contract Documents and: 

a. the provisions of any standard specification, manual, reference standard, or code, or 
the instruction of any Supplier (whether or not specifically incorporated by reference 
as a Contract Document); or 

b. the provisions of any Laws or Regulations applicable to the performance of the Work 
(unless such an interpretation of the provisions of the Contract Documents would 
result in violation of such Law or Regulation). 

3.04 Requirements of the Contract Documents 

A. During the performance of the Work and until final payment, Contractor and Owner shall 
submit to the Engineer in writing all matters in question concerning the requirements of the 
Contract Documents (sometimes referred to as requests for information or interpretation— 
RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as 
possible after such matters arise. Engineer will be the initial interpreter of the requirements 
of the Contract Documents, and judge of the acceptability of the Work. 


B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or 
decision on the issue submitted, or initiate an amendment or supplement to the Contract 
Documents. Engineer’s written clarification, interpretation, or decision will be final and 
binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, 
unless it appeals by filing a Claim. 

C. If a submitted matter in question concerns terms and conditions of the Contract Documents 
that do not involve (1) the performance or acceptability of the Work under the Contract 
Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) 
other engineering or technical matters, then Engineer will promptly notify Owner and 
Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner 
and Contractor are unable to agree on resolution of such a matter in question, either party 
may pursue resolution as provided in Article 12. 

3.05 Reuse of Documents 

A. Contractor and its Subcontractors and Suppliers shall not: 

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or 
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer 
or its consultants, including electronic media versions, or reuse any such Drawings, 
Specifications, other documents, or copies thereof on extensions of the Project or any 
other project without written consent of Owner and Engineer and specific written 
verification or adaptation by Engineer; or 

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any 
such Contract Documents for any purpose without Owner’s express written consent, or 
violate any copyrights pertaining to such Contract Documents. 

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the 
Contract. Nothing herein precludes Contractor from retaining copies of the Contract 
Documents for record purposes. 

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 

4.01 Commencement of Contract Times; Notice to Proceed 

A. The Contract Times will commence to run on the 30th day after the Effective Date of the 
Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A 
Notice to Proceed may be given at any time within 30 days after the Effective Date of the 
Contract. In no event will the Contract Times commence to run later than the 60th day after 
the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever 
date is earlier. 

4.02 Starting the Work 

A. Contractor shall start to perform the Work on the date when the Contract Times commence 
to run. No Work may be done at the Site prior to such date. 

4.03 Reference Points 

A. Owner shall provide engineering surveys to establish reference points for construction which 
in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. 
Contractor shall be responsible for laying out the Work, shall protect and preserve the 


established reference points and property monuments, and shall make no changes or 
relocations without the prior written approval of Owner. Contractor shall report to Engineer 
whenever any reference point or property monument is lost or destroyed or requires 
relocation because of necessary changes in grades or locations, and shall be responsible for 
the accurate replacement or relocation of such reference points or property monuments by 
professionally qualified personnel. 

4.04 Progress Schedule 

A. Contractor shall adhere to the Progress Schedule established in accordance with 
Paragraph 2.05 as it may be adjusted from time to time as provided below. 

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in 
Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in 
changing the Contract Times. 

2. Proposed adjustments in the Progress Schedule that will change the Contract Times must 
be submitted in accordance with the requirements of Article 11. 

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or 
disagreements with Owner. No Work will be delayed or postponed pending resolution of any 
disputes or disagreements, or during any appeal process, except as permitted by 
Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 

4.05 Delays in Contractor’s Progress 

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes 
with the performance or progress of the Work, then Contractor shall be entitled to an 
equitable adjustment in Contract Price or Contract Times. 

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, 
disruption, or interference caused by or within the control of Contractor. Delay, disruption, 
and interference attributable to and within the control of a Subcontractor or Supplier shall be 
deemed to be within the control of Contractor. 

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by 
unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those 
for which they are responsible, then Contractor shall be entitled to an equitable adjustment 
in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the 
delays, disruption, and interference described in this paragraph. Causes of delay, disruption, 
or interference that may give rise to an adjustment in Contract Times under this paragraph 
include but are not limited to the following: 

1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and 
earthquakes; 

2. Abnormal weather conditions; 

3. Acts or failures to act of third-party utility owners or other third-party entities (other than 
those third-party utility owners or other third-party entities performing other work at or 
adjacent to the Site as arranged by or under contract with Owner, as contemplated in 
Article 8); and 

4. Acts of war or terrorism. 


D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as 
follows: 

1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the 
delay, disruption, or interference adversely affecting an activity on the critical path to 
completion of the Work, as of the time of the delay, disruption, or interference. 

2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, 
disruption, or interference if such delay is concurrent with a delay, disruption, or 
interference caused by or within the control of Contractor. Such a concurrent delay by 
Contractor shall not preclude an adjustment of Contract Times to which Contractor is 
otherwise entitled. 

3. Adjustments of Contract Times or Contract Price are subject to the provisions of 
Article 11. 

E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract 
Price must be supplemented by supporting data that sets forth in detail the following: 

1. The circumstances that form the basis for the requested adjustment; 

2. The date upon which each cause of delay, disruption, or interference began to affect the 
progress of the Work; 

3. The date upon which each cause of delay, disruption, or interference ceased to affect the 
progress of the Work; 

4. The number of days’ increase in Contract Times claimed as a consequence of each such 
cause of delay, disruption, or interference; and 

5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. 

Contractor shall also furnish such additional supporting documentation as Owner or Engineer 
may require including, where appropriate, a revised progress schedule indicating all the 
activities affected by the delay, disruption, or interference, and an explanation of the effect 
of the delay, disruption, or interference on the critical path to completion of the Work. 

F. Delays, disruption, and interference to the performance or progress of the Work resulting 
from the existence of a differing subsurface or physical condition, an Underground Facility 
that was not shown or indicated by the Contract Documents, or not shown or indicated with 
reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are 
governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. 

G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress 
of the Work resulting from the performance of certain other work at or adjacent to the Site. 

ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL 
CONDITIONS 

5.01 Availability of Lands 

A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or 
restrictions not of general application but specifically related to use of the Site with which 
Contractor must comply in performing the Work. 


B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of 
record legal title and legal description of the lands upon which permanent improvements are 
to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s 
or construction lien against such lands in accordance with applicable Laws and Regulations. 

C. Contractor shall provide for all additional lands and access thereto that may be required for 
temporary construction facilities or storage of materials and equipment. 

5.02 Use of Site and Other Areas 

A. Limitation on Use of Site and Other Areas 

1. Contractor shall confine construction equipment, temporary construction facilities, the 
storage of materials and equipment, and the operations of workers to the Site, adjacent 
areas that Contractor has arranged to use through construction easements or otherwise, 
and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably 
encumber the Site and such other adjacent areas with construction equipment or other 
materials or equipment. Contractor shall assume full responsibility for (a) damage to the 
Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) 
damage to any other adjacent land or areas, or to improvements, structures, utilities, or 
similar facilities located at such adjacent lands or areas; and (d) for injuries and losses 
sustained by the owners or occupants of any such land or areas; provided that such 
damage or injuries result from the performance of the Work or from other actions or 
conduct of the Contractor or those for which Contractor is responsible. 

2. If a damage or injury claim is made by the owner or occupant of any such land or area 
because of the performance of the Work, or because of other actions or conduct of the 
Contractor or those for which Contractor is responsible, Contractor shall (a) take 
immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) 
promptly attempt to settle the claim as to all parties through negotiations with such 
owner or occupant, or otherwise resolve the claim by arbitration or other dispute 
resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent 
permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, 
and the officers, directors, members, partners, employees, agents, consultants and 
subcontractors of each and any of them, from and against any such claim, and against all 
costs, losses, and damages (including but not limited to all fees and charges of engineers, 
architects, attorneys, and other professionals and all court or arbitration or other dispute 
resolution costs) arising out of or relating to any claim or action, legal or equitable, 
brought by any such owner or occupant against Owner, Engineer, or any other party 
indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, 
or based upon, Contractor’s performance of the Work, or because of other actions or 
conduct of the Contractor or those for which Contractor is responsible. 

B. Removal of Debris During Performance of the Work: During the progress of the Work the 
Contractor shall keep the Site and other adjacent areas free from accumulations of waste 
materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, 
and other debris will conform to applicable Laws and Regulations. 

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the 
Work and make it ready for utilization by Owner. At the completion of the Work Contractor 
shall remove from the Site and adjacent areas all tools, appliances, construction equipment 


and machinery, and surplus materials and shall restore to original condition all property not 
designated for alteration by the Contract Documents. 

D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be 
loaded in any manner that will endanger the structure, nor shall Contractor subject any part 
of the Work or adjacent structures or land to stresses or pressures that will endanger them. 

5.03 Subsurface and Physical Conditions 

A. Reports and Drawings: The Supplementary Conditions identify: 

1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site 
that contain Technical Data; 

2. Those drawings of existing physical conditions at or adjacent to the Site, including those 
drawings depicting existing surface or subsurface structures at or adjacent to the Site 
(except Underground Facilities), that contain Technical Data; and 

3. Technical Data contained in such reports and drawings. 

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, 
pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. 
Information and data regarding the presence or location of Underground Facilities are not 
intended to be categorized, identified, or defined as Technical Data. 

C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the 
Technical Data expressly identified in the Supplementary Conditions with respect to such 
reports and drawings, but such reports and drawings are not Contract Documents. If no such 
express identification has been made, then Contractor may rely upon the accuracy of the 
Technical Data as defined in Paragraph 1.01.A.46.b. 

D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, 
Contractor may not rely upon or make any claim against Owner or Engineer, or any of their 
officers, directors, members, partners, employees, agents, consultants, or subcontractors, 
with respect to: 

1. the completeness of such reports and drawings for Contractor’s purposes, including, but 
not limited to, any aspects of the means, methods, techniques, sequences, and 
procedures of construction to be employed by Contractor, and safety precautions and 
programs incident thereto; 

2. other data, interpretations, opinions, and information contained in such reports or shown 
or indicated in such drawings; 

3. the contents of other Site-related documents made available to Contractor, such as 
record drawings from other projects at or adjacent to the Site, or Owner’s archival 
documents concerning the Site; or 

4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such 
other data, interpretations, opinions, or information. 


5.04 Differing Subsurface or Physical Conditions 

A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is 
uncovered or revealed at the Site: 

1. is of such a nature as to establish that any Technical Data on which Contractor is entitled 
to rely as provided in Paragraph 5.03 is materially inaccurate; 

2. is of such a nature as to require a change in the Drawings or Specifications; 

3. differs materially from that shown or indicated in the Contract Documents; or 

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and 
generally recognized as inherent in work of the character provided for in the Contract 
Documents; 

then Contractor shall, promptly after becoming aware thereof and before further disturbing 
the subsurface or physical conditions or performing any Work in connection therewith (except 
in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about 
such condition. Contractor shall not further disturb such condition or perform any Work in 
connection therewith (except with respect to an emergency) until receipt of a written 
statement permitting Contractor to do so. 

B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, 
Engineer will promptly review the subsurface or physical condition in question; determine 
whether it is necessary for Owner to obtain additional exploration or tests with respect to the 
condition; conclude whether the condition falls within any one or more of the differing site 
condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information 
from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption 
of Work in connection with the subsurface or physical condition in question and the need for 
any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s 
findings, conclusions, and recommendations. 

C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written 
findings, conclusions, and recommendations, Owner shall issue a written statement to 
Contractor (with a copy to Engineer) regarding the subsurface or physical condition in 
question, addressing the resumption of Work in connection with such condition, indicating 
whether any change in the Drawings or Specifications will be made, and adopting or rejecting 
Engineer’s written findings, conclusions, and recommendations, in whole or in part. 

D. Early Resumption of Work: If at any time Engineer determines that Work in connection with 
the subsurface or physical condition in question may resume prior to completion of Engineer’s 
review or Owner’s issuance of its statement to Contractor, because the condition in question 
has been adequately documented, and analyzed on a preliminary basis, then the Engineer 
may at its discretion instruct Contractor to resume such Work. 

E. Possible Price and Times Adjustments 

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract 
Times, to the extent that the existence of a differing subsurface or physical condition, or 
any related delay, disruption, or interference, causes an increase or decrease in 


Contractor’s cost of, or time required for, performance of the Work; subject, however, to 
the following: 

a. Such condition must fall within any one or more of the categories described in 
Paragraph 5.04.A; 

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract 
Price will be subject to the provisions of Paragraph 13.03; and, 

c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the 
provisions of Paragraphs 4.05.D and 4.05.E. 

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times 
with respect to a subsurface or physical condition if: 

a. Contractor knew of the existence of such condition at the time Contractor made a 
commitment to Owner with respect to Contract Price and Contract Times by the 
submission of a Bid or becoming bound under a negotiated contract, or otherwise; 

b. The existence of such condition reasonably could have been discovered or revealed 
as a result of any examination, investigation, exploration, test, or study of the Site and 
contiguous areas expressly required by the Bidding Requirements or Contract 
Documents to be conducted by or for Contractor prior to Contractor’s making such 
commitment; or 

c. Contractor failed to give the written notice required by Paragraph 5.04.A. 

3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or 
extent of any adjustment in the Contract Price or Contract Times, then any such 
adjustment will be set forth in a Change Order. 

4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or 
extent of any adjustment in the Contract Price or Contract Times, no later than 30 days 
after Owner’s issuance of the Owner’s written statement to Contractor regarding the 
subsurface or physical condition in question. 

F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights 
and responsibilities regarding the presence or location of Underground Facilities. 
Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental 
Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or 
location of Underground Facilities, or to Hazardous Environmental Conditions. 

5.05 Underground Facilities 

A. Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary 
Conditions, the cost of all of the following are included in the Contract Price, and Contractor 
shall have full responsibility for: 

1. reviewing and checking all information and data regarding existing Underground Facilities 
at the Site; 

2. complying with applicable state and local utility damage prevention Laws and 
Regulations; 


3. verifying the actual location of those Underground Facilities shown or indicated in the 
Contract Documents as being within the area affected by the Work, by exposing such 
Underground Facilities during the course of construction; 

4. coordination of the Work with the owners (including Owner) of such Underground 
Facilities, during construction; and 

5. the safety and protection of all existing Underground Facilities at the Site, and repairing 
any damage thereto resulting from the Work. 

B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or 
revealed at the Site was not shown or indicated on the Drawings, or was not shown or 
indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after 
becoming aware thereof and before further disturbing conditions affected thereby or 
performing any Work in connection therewith (except in an emergency as required by 
Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. 

C. Engineer’s Review: Engineer will: 

1. promptly review the Underground Facility and conclude whether such Underground 
Facility was not shown or indicated on the Drawings, or was not shown or indicated with 
reasonable accuracy; 

2. identify and communicate with the owner of the Underground Facility; prepare 
recommendations to Owner (and if necessary issue any preliminary instructions to 
Contractor) regarding the Contractor’s resumption of Work in connection with the 
Underground Facility in question; 

3. obtain any pertinent cost or schedule information from Contractor; determine the extent, 
if any, to which a change is required in the Drawings or Specifications to reflect and 
document the consequences of the existence or location of the Underground Facility; and 

4. advise Owner in writing of Engineer’s findings, conclusions, and recommendations. 

During such time, Contractor shall be responsible for the safety and protection of such 
Underground Facility. 

D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s 
written findings, conclusions, and recommendations, Owner shall issue a written statement 
to Contractor (with a copy to Engineer) regarding the Underground Facility in question 
addressing the resumption of Work in connection with such Underground Facility, indicating 
whether any change in the Drawings or Specifications will be made, and adopting or rejecting 
Engineer’s written findings, conclusions, and recommendations in whole or in part. 

E. Early Resumption of Work: If at any time Engineer determines that Work in connection with 
the Underground Facility may resume prior to completion of Engineer’s review or Owner’s 
issuance of its statement to Contractor, because the Underground Facility in question and 
conditions affected by its presence have been adequately documented, and analyzed on a 
preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such 
Work. 

F. Possible Price and Times Adjustments 

1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract 
Times, to the extent that any existing Underground Facility at the Site that was not shown 


or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, 
or any related delay, disruption, or interference, causes an increase or decrease in 
Contractor’s cost of, or time required for, performance of the Work; subject, however, to 
the following: 

a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract 
Price will be subject to the provisions of Paragraph 13.03; 

b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the 
provisions of Paragraphs 4.05.D and 4.05.E; and 

c. Contractor gave the notice required in Paragraph 5.05.B. 

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or 
extent of any adjustment in the Contract Price or Contract Times, then any such 
adjustment will be set forth in a Change Order. 

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or 
extent of any adjustment in the Contract Price or Contract Times, no later than 30 days 
after Owner’s issuance of the Owner’s written statement to Contractor regarding the 
Underground Facility in question. 

4. The information and data shown or indicated on the Drawings with respect to existing 
Underground Facilities at the Site is based on information and data (a) furnished by the 
owners of such Underground Facilities, or by others, (b) obtained from available records, 
or (c) gathered in an investigation conducted in accordance with the current edition of 
ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility 
Data, by the American Society of Civil Engineers. If such information or data is incorrect 
or incomplete, Contractor’s remedies are limited to those set forth in this 
Paragraph 5.05.F. 

5.06 Hazardous Environmental Conditions at Site 

A. Reports and Drawings: The Supplementary Conditions identify: 

1. those reports known to Owner relating to Hazardous Environmental Conditions that have 
been identified at or adjacent to the Site; 

2. drawings known to Owner relating to Hazardous Environmental Conditions that have 
been identified at or adjacent to the Site; and 

3. Technical Data contained in such reports and drawings. 

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy 
of the Technical Data expressly identified in the Supplementary Conditions with respect to 
such reports and drawings, but such reports and drawings are not Contract Documents. If no 
such express identification has been made, then Contractor may rely on the accuracy of the 
Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical 
Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of 
their officers, directors, members, partners, employees, agents, consultants, or 
subcontractors, with respect to: 

1. the completeness of such reports and drawings for Contractor’s purposes, including, but 
not limited to, any aspects of the means, methods, techniques, sequences and procedures 


of construction to be employed by Contractor, and safety precautions and programs 
incident thereto; 

2. other data, interpretations, opinions, and information contained in such reports or shown 
or indicated in such drawings; or 

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such 
other data, interpretations, opinions or information. 

C. Contractor shall not be responsible for removing or remediating any Hazardous 
Environmental Condition encountered, uncovered, or revealed at the Site unless such 
removal or remediation is expressly identified in the Contract Documents to be within the 
scope of the Work. 

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents 
of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for 
whom Contractor is responsible, and for any associated costs; and for the costs of removing 
and remediating any Hazardous Environmental Condition created by the presence of any such 
Constituents of Concern. 

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose 
removal or remediation is not expressly identified in the Contract Documents as being within 
the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates 
a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or 
otherwise isolate such condition; (2) stop all Work in connection with such condition and in 
any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) 
notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner 
shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified 
expert to evaluate such condition or take corrective action, if any. Promptly after consulting 
with Engineer, Owner shall take such actions as are necessary to permit Owner to timely 
obtain required permits and provide Contractor the written notice required by 
Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the 
Hazardous Environmental Condition in question, then Owner may remove and remediate the 
Hazardous Environmental Condition, and impose a set-off against payments to account for 
the associated costs. 

F. Contractor shall not resume Work in connection with such Hazardous Environmental 
Condition or in any affected area until after Owner has obtained any required permits related 
thereto, and delivered written notice to Contractor either (1) specifying that such condition 
and any affected area is or has been rendered safe for the resumption of Work, or (2) 
specifying any special conditions under which such Work may be resumed safely. 

G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, 
of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such 
special conditions under which Work is agreed to be resumed by Contractor, or any costs or 
expenses incurred in response to the Hazardous Environmental Condition, then within 30 
days of Owner’s written notice regarding the resumption of Work, Contractor may submit a 
Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is 
subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. 

H. If, after receipt of such written notice, Contractor does not agree to resume such Work based 
on a reasonable belief it is unsafe, or does not agree to resume such Work under such special 


conditions, then Owner may order the portion of the Work that is in the area affected by such 
condition to be deleted from the Work, following the contractual change procedures in 
Article 11. Owner may have such deleted portion of the Work performed by Owner’s own 
forces or others in accordance with Article 8. 

I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold 
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, 
partners, employees, agents, consultants, and subcontractors of each and any of them, from 
and against all claims, costs, losses, and damages (including but not limited to all fees and 
charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, 
or other dispute resolution costs) arising out of or relating to a Hazardous Environmental 
Condition, provided that such Hazardous Environmental Condition (1) was not shown or 
indicated in the Drawings, Specifications, or other Contract Documents, identified as 
Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the 
Contract Documents to be included within the scope of the Work, and (2) was not created by 
Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I 
obligates Owner to indemnify any individual or entity from and against the consequences of 
that individual’s or entity’s own negligence. 

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold 
harmless Owner and Engineer, and the officers, directors, members, partners, employees, 
agents, consultants, and subcontractors of each and any of them, from and against all claims, 
costs, losses, and damages (including but not limited to all fees and charges of engineers, 
architects, attorneys, and other professionals and all court or arbitration or other dispute 
resolution costs) arising out of or relating to the failure to control, contain, or remove a 
Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor 
is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone 
for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to 
indemnify any individual or entity from and against the consequences of that individual’s or 
entity’s own negligence. 

K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents 
of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. 

ARTICLE 6—BONDS AND INSURANCE 

6.01 Performance, Payment, and Other Bonds 

A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least 
equal to the Contract Price, as security for the faithful performance and payment of 
Contractor’s obligations under the Contract. These bonds must remain in effect until one year 
after the date when final payment becomes due or until completion of the correction period 
specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or 
Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other 
provisions of the Contract. 

B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary 
Conditions or other provisions of the Contract. 

C. All bonds must be in the form included in the Bidding Documents or otherwise specified by 
Owner prior to execution of the Contract, except as provided otherwise by Laws or 


Regulations, and must be issued and signed by a surety named in “Companies Holding 
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable 
Reinsuring Companies” as published in Department Circular 570 (as amended and 
supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond 
signed by an agent or attorney-in-fact must be accompanied by a certified copy of that 
individual’s authority to bind the surety. The evidence of authority must show that it is 
effective on the date the agent or attorney-in-fact signed the accompanying bond. 

D. Contractor shall obtain the required bonds from surety companies that are duly licensed or 
authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the 
required amounts. 

E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or 
the surety ceases to meet the requirements above, then Contractor shall promptly notify 
Owner and Engineer in writing and shall, within 20 days after the event giving rise to such 
notification, provide another bond and surety, both of which must comply with the bond and 
surety requirements above. 

F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from 
the Site and exercise Owner’s termination rights under Article 16. 

G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming 
to have furnished labor, services, materials, or equipment used in the performance of the 
Work, Owner shall provide a copy of the payment bond to such person or entity. 

H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity 
claiming to have furnished labor, services, materials, or equipment used in the performance 
of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 

6.02 Insurance—General Provisions 

A. Owner and Contractor shall obtain and maintain insurance as required in this article and in 
the Supplementary Conditions. 

B. All insurance required by the Contract to be purchased and maintained by Owner or 
Contractor shall be obtained from insurance companies that are duly licensed or authorized 
in the state or jurisdiction in which the Project is located to issue insurance policies for the 
required limits and coverages. Unless a different standard is indicated in the Supplementary 
Conditions, all companies that provide insurance policies required under this Contract shall 
have an A.M. Best rating of A-VII or better. 

C. Alternative forms of insurance coverage, including but not limited to self-insurance and 
“Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet 
the insurance requirements of this Contract, unless expressly allowed in the Supplementary 
Conditions. 

D. Contractor shall deliver to Owner, with copies to each additional insured identified in the 
Contract, certificates of insurance and endorsements establishing that Contractor has 
obtained and is maintaining the policies and coverages required by the Contract. Upon 
request by Owner or any other insured, Contractor shall also furnish other evidence of such 
required insurance, including but not limited to copies of policies, documentation of 
applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant 
exclusions, and evidence of insurance required to be purchased and maintained by 


Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, 
Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing 
information and (2) any wording specific to a project or jurisdiction other than those 
applicable to this Contract. 

E. Owner shall deliver to Contractor, with copies to each additional insured identified in the 
Contract, certificates of insurance and endorsements establishing that Owner has obtained 
and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon 
request by Contractor or any other insured, Owner shall also provide other evidence of such 
required insurance (if any), including but not limited to copies of policies, documentation of 
applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all 
relevant exclusions. In any documentation furnished under this provision, Owner may block 
out (redact) (1) any confidential premium or pricing information and (2) any wording specific 
to a project or jurisdiction other than those relevant to this Contract. 

F. Failure of Owner or Contractor to demand such certificates or other evidence of the other 
party’s full compliance with these insurance requirements, or failure of Owner or Contractor 
to identify a deficiency in compliance from the evidence provided, will not be construed as a 
waiver of the other party’s obligation to obtain and maintain such insurance. 

G. In addition to the liability insurance required to be provided by Contractor, the Owner, at 
Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability 
policies, if any, operate separately and independently from policies required to be provided 
by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of 
Contractor’s obligations to the Owner, Engineer, or third parties. 

H. Contractor shall require: 

1. Subcontractors to purchase and maintain worker’s compensation, commercial general 
liability, and other insurance that is appropriate for their participation in the Project, and 
to name as additional insureds Owner and Engineer (and any other individuals or entities 
identified in the Supplementary Conditions as additional insureds on Contractor’s liability 
policies) on each Subcontractor’s commercial general liability insurance policy; and 

2. Suppliers to purchase and maintain insurance that is appropriate for their participation in 
the Project. 

I. If either party does not purchase or maintain the insurance required of such party by the 
Contract, such party shall notify the other party in writing of such failure to purchase prior to 
the start of the Work, or of such failure to maintain prior to any change in the required 
coverage. 

J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement 
to enter or remain at the Site will end immediately, and Owner may impose an appropriate 
set-off against payment for any associated costs (including but not limited to the cost of 
purchasing necessary insurance coverage), and exercise Owner’s termination rights under 
Article 16. 

K. Without prejudice to any other right or remedy, if a party has failed to obtain required 
insurance, the other party may elect (but is in no way obligated) to obtain equivalent 
insurance to protect such other party’s interests at the expense of the party who was required 
to provide such coverage, and the Contract Price will be adjusted accordingly. 


L. Owner does not represent that insurance coverage and limits established in this Contract 
necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is 
responsible for determining whether such coverage and limits are adequate to protect its 
interests, and for obtaining and maintaining any additional insurance that Contractor deems 
necessary. 

M. The insurance and insurance limits required herein will not be deemed as a limitation on 
Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted 
to Owner and other individuals and entities in the Contract or otherwise. 

N. All the policies of insurance required to be purchased and maintained under this Contract will 
contain a provision or endorsement that the coverage afforded will not be canceled, or 
renewal refused, until at least 10 days prior written notice has been given to the purchasing 
policyholder. Within three days of receipt of any such written notice, the purchasing 
policyholder shall provide a copy of the notice to each other insured and Engineer. 

6.03 Contractor’s Insurance 

A. Required Insurance: Contractor shall purchase and maintain Worker’s Compensation, 
Commercial General Liability, and other insurance pursuant to the specific requirements of 
the Supplementary Conditions. 

B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented 
must: 

1. include at least the specific coverages required; 

2. be written for not less than the limits provided, or those required by Laws or Regulations, 
whichever is greater; 

3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), 
and longer if expressly required elsewhere in this Contract, and at all times thereafter 
when Contractor may be correcting, removing, or replacing defective Work as a warranty 
or correction obligation, or otherwise, or returning to the Site to conduct other tasks 
arising from the Contract; 

4. apply with respect to the performance of the Work, whether such performance is by 
Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed 
by any of them to perform any of the Work, or by anyone for whose acts any of them may 
be liable; and 

5. include all necessary endorsements to support the stated requirements. 

C. Additional Insureds: The Contractor’s commercial general liability, automobile liability, 
employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle 
liability policies, if required by this Contract, must: 

1. include and list as additional insureds Owner and Engineer, and any individuals or entities 
identified as additional insureds in the Supplementary Conditions; 

2. include coverage for the respective officers, directors, members, partners, employees, 
and consultants of all such additional insureds; 

3. afford primary coverage to these additional insureds for all claims covered thereby 
(including as applicable those arising from both ongoing and completed operations); 


4. not seek contribution from insurance maintained by the additional insured; and 

5. as to commercial general liability insurance, apply to additional insureds with respect to 
liability caused in whole or in part by Contractor’s acts or omissions, or the acts and 
omissions of those working on Contractor’s behalf, in the performance of Contractor’s 
operations. 

6.04 Builder’s Risk and Other Property Insurance 

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall 
purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in 
the amount of the Work’s full insurable replacement cost (subject to such deductible amounts 
as may be provided in the Supplementary Conditions or required by Laws and Regulations). 
The specific requirements applicable to the builder’s risk insurance are set forth in the 
Supplementary Conditions. 

B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for 
obtaining and maintaining property insurance covering each existing structure, building, or 
facility in which any part of the Work will occur, or to which any part of the Work will attach 
or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a 
replacement cost basis, providing coverage consistent with that required for the builder’s risk 
insurance, and will be maintained until the Work is complete, as set forth in 
Paragraph 15.06.D. 

C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial 
Completion, and before actual occupancy or use of the substantially completed Work, Owner 
will obtain property insurance for such substantially completed Work, and maintain such 
property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such 
property insurance will be written on a special perils (all-risk) form, on a replacement cost 
basis, and provide coverage consistent with that required for the builder’s risk insurance. The 
builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of 
such property insurance. 

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the 
Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then 
Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will 
provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an 
endorsement consenting to the continuation of coverage prior to commencing such partial 
occupancy or use. 

E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the 
Contract do not require or address the insurance of a property item or interest, then the entity 
or individual owning such property item will be responsible for insuring it. If Contractor elects 
to obtain other special insurance to be included in or supplement the builder’s risk or property 
insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense. 

6.05 Property Losses; Subrogation 

A. The builder’s risk insurance policy purchased and maintained in accordance with 
Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary 
Conditions), will contain provisions to the effect that in the event of payment of any loss or 
damage the insurer will have no rights of recovery against any insureds thereunder, or against 


Engineer or its consultants, or their officers, directors, members, partners, employees, agents, 
consultants, or subcontractors. 

1. Owner and Contractor waive all rights against each other and the respective officers, 
directors, members, partners, employees, agents, consultants, and subcontractors of 
each and any of them, for all losses and damages caused by, arising out of, or resulting 
from any of the perils, risks, or causes of loss covered by such policies and any other 
property insurance applicable to the Work; and, in addition, waive all such rights against 
Engineer, its consultants, all individuals or entities identified in the Supplementary 
Conditions as builder’s risk or installation floater insureds, and the officers, directors, 
members, partners, employees, agents, consultants, and subcontractors of each and any 
of them, under such policies for losses and damages so caused. 

2. None of the above waivers extends to the rights that any party making such waiver may 
have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or 
otherwise payable under any policy so issued. 

B. Any property insurance policy maintained by Owner covering any loss, damage, or 
consequential loss to Owner’s existing structures, buildings, or facilities in which any part of 
the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent 
structures, buildings, or facilities of Owner; or to part or all of the completed or substantially 
completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after 
Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to 
Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss 
or damage the insurer will have no rights of recovery against any insureds thereunder, or 
against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, 
employees, agents, consultants, or subcontractors of each and any of them, and that the 
insured is allowed to waive the insurer’s rights of subrogation in a written contract executed 
prior to the loss, damage, or consequential loss. 

1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the 
officers, directors, members, partners, employees, agents, consultants and 
subcontractors of each and any of them, for all losses and damages caused by, arising out 
of, or resulting from fire or any of the perils, risks, or causes of loss covered by such 
policies. 

C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, 
loss of use, or other consequential loss extending beyond direct physical loss or damage to 
Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured 
peril, risk, or cause of loss. 

D. Contractor shall be responsible for assuring that each Subcontract contains provisions 
whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or 
entities identified in the Supplementary Conditions as insureds, the Engineer and its 
consultants, and the officers, directors, members, partners, employees, agents, consultants, 
and subcontractors of each and any of them, for all losses and damages caused by, arising out 
of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s 
risk insurance, installation floater, and any other property insurance applicable to the Work. 


6.06 Receipt and Application of Property Insurance Proceeds 

A. Any insured loss under the builder’s risk and other policies of property insurance required by 
Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. 
Such named insured shall act as fiduciary for the other insureds, and give notice to such other 
insureds that adjustment and settlement of a claim is in progress. Any other insured may state 
its position regarding a claim for insured loss in writing within 15 days after notice of such 
claim. 

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple 
insureds, or to the named insured that purchased the policy in its own right and as fiduciary 
for other insureds, subject to the requirements of any applicable mortgage clause. A named 
insured receiving insurance proceeds under the builder’s risk and other policies of insurance 
required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and 
distribute such proceeds in accordance with such agreement as the parties in interest may 
reach, or as otherwise required under the dispute resolution provisions of this Contract or 
applicable Laws and Regulations. 

C. If no other special agreement is reached, Contractor shall repair or replace the damaged 
Work, using allocated insurance proceeds. 

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 

7.01 Contractor’s Means and Methods of Construction 

A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and 
procedures of construction. 

B. If the Contract Documents note, or Contractor determines, that professional engineering or 
other design services are needed to carry out Contractor’s responsibilities for construction 
means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor 
shall cause such services to be provided by a properly licensed design professional, at 
Contractor’s expense. Such services are not Owner-delegated professional design services 
under this Contract, and neither Owner nor Engineer has any responsibility with respect to 
(1) Contractor’s determination of the need for such services, (2) the qualifications or licensing 
of the design professionals retained or employed by Contractor, (3) the performance of such 
services, or (4) any errors, omissions, or defects in such services. 

7.02 Supervision and Superintendence 

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting 
such attention thereto and applying such skills and expertise as may be necessary to perform 
the Work in accordance with the Contract Documents. 

B. At all times during the progress of the Work, Contractor shall assign a competent resident 
superintendent who will not be replaced without written notice to Owner and Engineer 
except under extraordinary circumstances. 

7.03 Labor; Working Hours 

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the 
Work and perform construction as required by the Contract Documents. Contractor shall 
maintain good discipline and order at the Site. 


B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of 
Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any 
other individuals or entities performing or furnishing any of the Work, just as Contractor is 
responsible for Contractor’s own acts and omissions. 

C. Except as otherwise required for the safety or protection of persons or the Work or property 
at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all 
Work at the Site will be performed during regular working hours, Monday through Friday. 
Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may 
perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only 
with Owner’s written consent, which will not be unreasonably withheld. 

7.04 Services, Materials, and Equipment 

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume 
full responsibility for all services, materials, equipment, labor, transportation, construction 
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, 
sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the 
performance, testing, start up, and completion of the Work, whether or not such items are 
specifically called for in the Contract Documents. 

B. All materials and equipment incorporated into the Work must be new and of good quality, 
except as otherwise provided in the Contract Documents. All special warranties and 
guarantees required by the Specifications will expressly run to the benefit of Owner. If 
required by Engineer, Contractor shall furnish satisfactory evidence (including reports of 
required tests) as to the source, kind, and quality of materials and equipment. 

C. All materials and equipment must be stored, applied, installed, connected, erected, 
protected, used, cleaned, and conditioned in accordance with instructions of the applicable 
Supplier, except as otherwise may be provided in the Contract Documents. 

7.05 “Or Equals” 

A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is 
specified or described in the Contract Documents by using the names of one or more 
proprietary items or specific Suppliers, the Contract Price has been based upon Contractor 
furnishing such item as specified. The specification or description of such an item is intended 
to establish the type, function, appearance, and quality required. Unless the specification or 
description contains or is followed by words reading that no like, equivalent, or “or equal” 
item is permitted, Contractor may request that Engineer authorize the use of other items of 
equipment or material, or items from other proposed Suppliers, under the circumstances 
described below. 

1. If Engineer in its sole discretion determines that an item of equipment or material 
proposed by Contractor is functionally equal to that named and sufficiently similar so that 
no change in related Work will be required, Engineer will deem it an “or equal” item. For 
the purposes of this paragraph, a proposed item of equipment or material will be 
considered functionally equal to an item so named if: 

a. in the exercise of reasonable judgment Engineer determines that the proposed item: 

1) is at least equal in materials of construction, quality, durability, appearance, 
strength, and design characteristics; 


2) will reliably perform at least equally well the function and achieve the results 
imposed by the design concept of the completed Project as a functioning whole; 

3) has a proven record of performance and availability of responsive service; and 

4) is not objectionable to Owner. 

b. Contractor certifies that, if the proposed item is approved and incorporated into the 
Work: 

1) there will be no increase in cost to the Owner or increase in Contract Times; and 

2) the item will conform substantially to the detailed requirements of the item 
named in the Contract Documents. 

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” 
item at Contractor’s expense. 

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to 
evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data 
about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “orequal” 
item will be ordered, furnished, installed, or utilized until Engineer’s review is complete 
and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by 
an approved Shop Drawing or other written communication. Engineer will advise Contractor 
in writing of any negative determination. 

D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will 
result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be 
final and binding, and may not be reversed through an appeal under any provision of the 
Contract. 

E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or 
material proposed by Contractor does not qualify as an “or-equal” item, Contractor may 
request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 

7.06 Substitutes 

A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of 
equipment or material required to be furnished under the Contract Documents contains or is 
followed by words reading that no substitution is permitted, Contractor may request that 
Engineer authorize the use of other items of equipment or material under the circumstances 
described below. To the extent possible such requests must be made before commencement 
of related construction at the Site. 

1. Contractor shall submit sufficient information as provided below to allow Engineer to 
determine if the item of material or equipment proposed is functionally equivalent to that 
named and an acceptable substitute therefor. Engineer will not accept requests for 
review of proposed substitute items of equipment or material from anyone other than 
Contractor. 

2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as 
supplemented by the Specifications, and as Engineer may decide is appropriate under the 
circumstances. 


3. Contractor shall make written application to Engineer for review of a proposed substitute 
item of equipment or material that Contractor seeks to furnish or use. The application: 

a. will certify that the proposed substitute item will: 

1) perform adequately the functions and achieve the results called for by the 
general design; 

2) be similar in substance to the item specified; and 

3) be suited to the same use as the item specified. 

b. will state: 

1) the extent, if any, to which the use of the proposed substitute item will 
necessitate a change in Contract Times; 

2) whether use of the proposed substitute item in the Work will require a change in 
any of the Contract Documents (or in the provisions of any other direct contract 
with Owner for other work on the Project) to adapt the design to the proposed 
substitute item; and 

3) whether incorporation or use of the proposed substitute item in connection with 
the Work is subject to payment of any license fee or royalty. 

c. will identify: 

1) all variations of the proposed substitute item from the item specified; and 

2) available engineering, sales, maintenance, repair, and replacement services. 

d. will contain an itemized estimate of all costs or credits that will result directly or 
indirectly from use of such substitute item, including but not limited to changes in 
Contract Price, shared savings, costs of redesign, and claims of other contractors 
affected by any resulting change. 

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to 
evaluate each substitute request, and to obtain comments and direction from Owner. 
Engineer may require Contractor to furnish additional data about the proposed substitute 
item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, 
installed, or utilized until Engineer’s review is complete and Engineer determines that the 
proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a 
Field Order or a proposed Change Order accounting for the substitution itself and all related 
impacts, including changes in Contract Price or Contract Times. Engineer will advise 
Contractor in writing of any negative determination. 

C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special 
performance guarantee or other surety with respect to any substitute. 

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a 
substitute proposed or submitted by Contractor. Whether or not Engineer approves a 
substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 
reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall 
also reimburse Owner for the reasonable charges of Engineer for making changes in the 
Contract Documents (or in the provisions of any other direct contract with Owner) resulting 
from the acceptance of each proposed substitute. 


E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute 
at Contractor’s expense. 

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor 
shall execute the proposed Change Order and proceed with the substitution. The Engineer’s 
denial of a substitution request will be final and binding, and may not be reversed through an 
appeal under any provision of the Contract. Contractor may challenge the scope of 
reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change 
Proposal. 

7.07 Concerning Subcontractors and Suppliers 

A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. 
Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention 
of a Subcontractor or Supplier for the performance of parts of the Work will not relieve 
Contractor’s obligation to Owner to perform and complete the Work in accordance with the 
Contract Documents. 

B. Contractor shall retain specific Subcontractors and Suppliers for the performance of 
designated parts of the Work if required by the Contract to do so. 

C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the 
Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish 
or perform any of the Work against which Contractor has reasonable objection. 

D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to 
Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already 
deemed such proposed Subcontractor or Supplier acceptable during the bidding process or 
otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner 
unless Owner raises a substantive, reasonable objection within 5 days. 

E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may 
require Contractor to retain specific replacements; provided, however, that Owner may not 
require a replacement to which Contractor has a reasonable objection. If Contractor has 
submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and 
Owner has accepted it (either in writing or by failing to make written objection thereto), then 
Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so 
identified solely on the basis of substantive, reasonable objection after due investigation. 
Contractor shall submit an acceptable replacement for the rejected Subcontractor or 
Supplier. 

F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor 
to perform any part of the Work, then Contractor shall be entitled to an adjustment in 
Contract Price or Contract Times, with respect to the replacement; and Contractor shall 
initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of 
replacement. 

G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a 
replacement, will constitute a waiver of the right of Owner to the completion of the Work in 
accordance with the Contract Documents. 


H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors 
and Suppliers having a direct contract with Contractor, and of all other Subcontractors and 
Suppliers known to Contractor at the time of submittal. 

I. Contractor shall be solely responsible for scheduling and coordinating the work of 
Subcontractors and Suppliers. 

J. The divisions and sections of the Specifications and the identifications of any Drawings do not 
control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating 
the Work to be performed by any specific trade. 

K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an 
appropriate contractual agreement that specifically binds the Subcontractor or Supplier to 
the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. 

L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information 
about amounts paid to Contractor for Work performed for Contractor by the Subcontractor 
or Supplier. 

M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer 
or Owner, except through Contractor or in case of an emergency, or as otherwise expressly 
allowed in this Contract. 

7.08 Patent Fees and Royalties 

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in 
the performance of the Work or the incorporation in the Work of any invention, design, 
process, product, or device which is the subject of patent rights or copyrights held by others. 
If an invention, design, process, product, or device is specified in the Contract Documents for 
use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its 
use is subject to patent rights or copyrights calling for the payment of any license fee or 
royalty to others, the existence of such rights will be disclosed in the Contract Documents. 

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold 
harmless Contractor, and its officers, directors, members, partners, employees, agents, 
consultants, and subcontractors, from and against all claims, costs, losses, and damages 
(including but not limited to all fees and charges of engineers, architects, attorneys, and other 
professionals, and all court or arbitration or other dispute resolution costs) arising out of or 
relating to any infringement of patent rights or copyrights incident to the use in the 
performance of the Work or resulting from the incorporation in the Work of any invention, 
design, process, product, or device specified in the Contract Documents, but not identified as 
being subject to payment of any license fee or royalty to others required by patent rights or 
copyrights. 

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold 
harmless Owner and Engineer, and the officers, directors, members, partners, employees, 
agents, consultants and subcontractors of each and any of them, from and against all claims, 
costs, losses, and damages (including but not limited to all fees and charges of engineers, 
architects, attorneys, and other professionals and all court or arbitration or other dispute 
resolution costs) arising out of or relating to any infringement of patent rights or copyrights 
incident to the use in the performance of the Work or resulting from the incorporation in the 
Work of any invention, design, process, product, or device not specified in the Contract 
Documents. 


7.09 Permits 

A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all 
construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, 
when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental 
charges and inspection fees necessary for the prosecution of the Work which are applicable 
at the time of the submission of Contractor’s Bid (or when Contractor became bound under a 
negotiated contract). Owner shall pay all charges of utility owners for connections for 
providing permanent service to the Work. 

7.10 Taxes 

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by 
Contractor in accordance with the Laws and Regulations of the place of the Project which are 
applicable during the performance of the Work. 

7.11 Laws and Regulations 

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations 
applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible 
for monitoring Contractor’s compliance with any Laws or Regulations. 

B. If Contractor performs any Work or takes any other action knowing or having reason to know 
that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, 
and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 
members, partners, employees, agents, consultants, and subcontractors of each and any of 
them, from and against all claims, costs, losses, and damages (including but not limited to all 
fees and charges of engineers, architects, attorneys, and other professionals and all court or 
arbitration or other dispute resolution costs) arising out of or relating to such Work or other 
action. It is not Contractor’s responsibility to make certain that the Work described in the 
Contract Documents is in accordance with Laws and Regulations, but this does not relieve 
Contractor of its obligations under Paragraph 3.03. 

C. Owner or Contractor may give written notice to the other party of any changes after the 
submission of Contractor’s Bid (or after the date when Contractor became bound under a 
negotiated contract) in Laws or Regulations having an effect on the cost or time of 
performance of the Work, including but not limited to changes in Laws or Regulations having 
an effect on procuring permits and on sales, use, value-added, consumption, and other similar 
taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or 
extent, if any, of any adjustment in Contract Price or Contract Times resulting from such 
changes, then within 30 days of such written notice Contractor may submit a Change 
Proposal, or Owner may initiate a Claim. 

7.12 Record Documents 

A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, 
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written 
interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such 
record documents in good order and annotate them to show changes made during 
construction. These record documents, together with all approved Samples, will be available 
to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record 
documents to Engineer. 


7.13 Safety and Protection 

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety 
precautions and programs in connection with the Work. Such responsibility does not relieve 
Subcontractors of their responsibility for the safety of persons or property in the performance 
of their work, nor for compliance with applicable safety Laws and Regulations. 

B. Contractor shall designate a qualified and experienced safety representative whose duties 
and responsibilities are the prevention of Work-related accidents and the maintenance and 
supervision of safety precautions and programs. 

C. Contractor shall take all necessary precautions for the safety of, and shall provide the 
necessary protection to prevent damage, injury, or loss to: 

1. all persons on the Site or who may be affected by the Work; 

2. all the Work and materials and equipment to be incorporated therein, whether in storage 
on or off the Site; and 

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, 
pavements, roadways, structures, other work in progress, utilities, and Underground 
Facilities not designated for removal, relocation, or replacement in the course of 
construction. 

D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 
caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, 
or any other individual or entity directly or indirectly employed by any of them to perform 
any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by 
Contractor at its expense (except damage or loss attributable to the fault of Drawings or 
Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any 
of them, or anyone for whose acts any of them may be liable, and not attributable, directly or 
indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, 
Supplier, or other individual or entity directly or indirectly employed by any of them). 

E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of 
persons or property, or to the protection of persons or property from damage, injury, or loss; 
and shall erect and maintain all necessary safeguards for such safety and protection. 

F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground 
Facilities and other utilities (if the identity of such owners is known to Contractor); and other 
contractors and utility owners performing work at or adjacent to the Site, in writing, when 
Contractor knows that prosecution of the Work may affect them, and shall cooperate with 
them in the protection, removal, relocation, and replacement of their property or work in 
progress. 

G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. 
Any Owner’s safety programs that are applicable to the Work are identified or included in the 
Supplementary Conditions or Specifications. 

H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s 
safety program with which Owner’s and Engineer’s employees and representatives must 
comply while at the Site. 


I. Contractor’s duties and responsibilities for safety and protection will continue until all the 
Work is completed, Engineer has issued a written notice to Owner and Contractor in 
accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the 
Site (except as otherwise expressly provided in connection with Substantial Completion). 

J. Contractor’s duties and responsibilities for safety and protection will resume whenever 
Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction 
obligations, or to conduct other tasks arising from the Contract Documents. 

7.14 Hazard Communication Programs 

A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly 
known as material safety data sheets) or other hazard communication information required 
to be made available to or exchanged between or among employers at the Site in accordance 
with Laws or Regulations. 

7.15 Emergencies 

A. In emergencies affecting the safety or protection of persons or the Work or property at the 
Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. 
Contractor shall give Engineer prompt written notice if Contractor believes that any significant 
changes in the Work or variations from the Contract Documents have been caused by an 
emergency, or are required as a result of Contractor’s response to an emergency. If Engineer 
determines that a change in the Contract Documents is required because of an emergency or 
Contractor’s response, a Work Change Directive or Change Order will be issued. 

7.16 Submittals 

A. Shop Drawing and Sample Requirements 

1. Before submitting a Shop Drawing or Sample, Contractor shall: 

a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and 
Samples and with the requirements of the Work and the Contract Documents; 

b. determine and verify: 

1) all field measurements, quantities, dimensions, specified performance and design 
criteria, installation requirements, materials, catalog numbers, and similar 
information with respect to the Submittal; 

2) the suitability of all materials and equipment offered with respect to the indicated 
application, fabrication, shipping, handling, storage, assembly, and installation 
pertaining to the performance of the Work; and 

3) all information relative to Contractor’s responsibilities for means, methods, 
techniques, sequences, and procedures of construction, and safety precautions 
and programs incident thereto; 

c. confirm that the Submittal is complete with respect to all related data included in the 
Submittal. 

2. Each Shop Drawing or Sample must bear a stamp or specific written certification that 
Contractor has satisfied Contractor’s obligations under the Contract Documents with 
respect to Contractor’s review of that Submittal, and that Contractor approves the 
Submittal. 


3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice 
of any variations that the Submittal may have from the requirements of the Contract 
Documents. This notice must be set forth in a written communication separate from the 
Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on 
the Shop Drawing itself. 

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop 
Drawings and Samples to Engineer for review and approval in accordance with the accepted 
Schedule of Submittals. 

1. Shop Drawings 

a. Contractor shall submit the number of copies required in the Specifications. 

b. Data shown on the Shop Drawings must be complete with respect to quantities, 
dimensions, specified performance and design criteria, materials, and similar data to 
show Engineer the services, materials, and equipment Contractor proposes to 
provide, and to enable Engineer to review the information for the limited purposes 
required by Paragraph 7.16.C. 

2. Samples 

a. Contractor shall submit the number of Samples required in the Specifications. 

b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data 
such as catalog numbers, the use for which intended and other data as Engineer may 
require to enable Engineer to review the Submittal for the limited purposes required 
by Paragraph 7.16.C. 

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule 
of Submittals, any related Work performed prior to Engineer’s review and approval of the 
pertinent submittal will be at the sole expense and responsibility of Contractor. 

C. Engineer’s Review of Shop Drawings and Samples 

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the 
accepted Schedule of Submittals. Engineer’s review and approval will be only to 
determine if the items covered by the Submittals will, after installation or incorporation 
in the Work, comply with the requirements of the Contract Documents, and be 
compatible with the design concept of the completed Project as a functioning whole as 
indicated by the Contract Documents. 

2. Engineer’s review and approval will not extend to means, methods, techniques, 
sequences, or procedures of construction, or to safety precautions or programs incident 
thereto. 

3. Engineer’s review and approval of a separate item as such will not indicate approval of 
the assembly in which the item functions. 

4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor 
from responsibility for any variation from the requirements of the Contract Documents 
unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and 
Engineer has given written approval of each such variation by specific written notation 
thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will 


document any such approved variation from the requirements of the Contract 
Documents in a Field Order or other appropriate Contract modification. 

5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor 
from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 

6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the 
requirements of the Contract Documents, will not, under any circumstances, change the 
Contract Times or Contract Price, unless such changes are included in a Change Order. 

7. Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample 
will result in such item becoming a Contract Document. 

8. Contractor shall perform the Work in compliance with the requirements and 
commitments set forth in approved Shop Drawings and Samples, subject to the provisions 
of Paragraph 7.16.C.4. 

D. Resubmittal Procedures for Shop Drawings and Samples 

1. Contractor shall make corrections required by Engineer and shall return the required 
number of corrected copies of Shop Drawings and submit, as required, new Samples for 
review and approval. Contractor shall direct specific attention in writing to revisions other 
than the corrections called for by Engineer on previous Submittals. 

2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient 
information and accuracy to obtain required approval of an item with no more than two 
resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent 
resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for 
Engineer’s charges to Owner for such time. Owner may impose a set-off against payments 
due Contractor to secure reimbursement for such charges. 

3. If Contractor requests a change of a previously approved Shop Drawing or Sample, 
Contractor shall be responsible for Engineer’s charges to Owner for its review time, and 
Owner may impose a set-off against payments due Contractor to secure reimbursement 
for such charges, unless the need for such change is beyond the control of Contractor. 

E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 

1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and 
Owner-delegated designs: 

a. Contractor shall submit all such Submittals to the Engineer in accordance with the 
Schedule of Submittals and pursuant to the applicable terms of the Contract 
Documents. 

b. Engineer will provide timely review of all such Submittals in accordance with the 
Schedule of Submittals and return such Submittals with a notation of either Accepted 
or Not Accepted. Any such Submittal that is not returned within the time established 
in the Schedule of Submittals will be deemed accepted. 

c. Engineer’s review will be only to determine if the Submittal is acceptable under the 
requirements of the Contract Documents as to general form and content of the 
Submittal. 


d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding 
the reason for the non-acceptance, and resubmit an acceptable document. 

2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of 
Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. 

F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by 
the provisions of Paragraph 7.19. 

7.17 Contractor’s General Warranty and Guarantee 

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the 
Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s 
warranty and guarantee. 

B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, 
Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which 
Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited 
only by applicable Laws and Regulations restricting actions to enforce such rights; provided, 
however, that after the end of the correction period under Paragraph 15.08: 

1. Owner shall give Contractor written notice of any defective Work within 60 days of the 
discovery that such Work is defective; and 

2. Such notice will be deemed the start of an event giving rise to a Claim under 
Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the 
notice. 

C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 

1. abuse, or improper modification, maintenance, or operation, by persons other than 
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom 
Contractor is responsible; or 

2. normal wear and tear under normal usage. 

D. Contractor’s obligation to perform and complete the Work in accordance with the Contract 
Documents is absolute. None of the following will constitute an acceptance of Work that is 
not in accordance with the Contract Documents, a release of Contractor’s obligation to 
perform the Work in accordance with the Contract Documents, or a release of Owner’s 
warranty and guarantee rights under this Paragraph 7.17: 

1. Observations by Engineer; 

2. Recommendation by Engineer or payment by Owner of any progress or final payment; 

3. The issuance of a certificate of Substantial Completion by Engineer or any payment 
related thereto by Owner; 

4. Use or occupancy of the Work or any part thereof by Owner; 

5. Any review and approval of a Shop Drawing or Sample submittal; 

6. The issuance of a notice of acceptability by Engineer; 

7. The end of the correction period established in Paragraph 15.08; 

8. Any inspection, test, or approval by others; or 


9. Any correction of defective Work by Owner. 

E. If the Contract requires the Contractor to accept the assignment of a contract entered into by 
Owner, then the specific warranties, guarantees, and correction obligations contained in the 
assigned contract will govern with respect to Contractor’s performance obligations to Owner 
for the Work described in the assigned contract. 

7.18 Indemnification 

A. To the fullest extent permitted by Laws and Regulations, and in addition to any other 
obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and 
hold harmless Owner and Engineer, and the officers, directors, members, partners, 
employees, agents, consultants and subcontractors of each and any of them, from losses, 
damages, costs, and judgments (including but not limited to all fees and charges of engineers, 
architects, attorneys, and other professionals, and all court or arbitration or other dispute 
resolution costs) arising from third-party claims or actions relating to or resulting from the 
performance or furnishing of the Work, provided that any such claim, action, loss, cost, 
judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage 
to or destruction of tangible property (other than the Work itself), including the loss of use 
resulting therefrom, but only to the extent caused by any negligent act or omission of 
Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly 
employed by any of them to perform any of the Work, or anyone for whose acts any of them 
may be liable. 

B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, 
partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor 
or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, 
or any individual or entity directly or indirectly employed by any of them to perform any of 
the Work, or anyone for whose acts any of them may be liable, the indemnification obligation 
under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type 
of damages, compensation, or benefits payable by or for Contractor or any such 
Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, 
disability benefit acts, or other employee benefit acts. 

7.19 Delegation of Professional Design Services 

A. Owner may require Contractor to provide professional design services for a portion of the 
Work by express delegation in the Contract Documents. Such delegation will specify the 
performance and design criteria that such services must satisfy, and the Submittals that 
Contractor must furnish to Engineer with respect to the Owner-delegated design. 

B. Contractor shall cause such Owner-delegated professional design services to be provided 
pursuant to the professional standard of care by a properly licensed design professional, 
whose signature and seal must appear on all drawings, calculations, specifications, 
certifications, and Submittals prepared by such design professional. Such design professional 
must issue all certifications of design required by Laws and Regulations. 

C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by 
Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or 
other Submittal must bear the written approval of Contractor’s design professional when 
submitted by Contractor to Engineer. 


D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness 
of the services, certifications, and approvals performed or provided by the design 
professionals retained or employed by Contractor under an Owner-delegated design, subject 
to the professional standard of care and the performance and design criteria stated in the 
Contract Documents. 

E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations 
regarding design drawings, calculations, specifications, certifications, and other Submittals 
furnished by Contractor pursuant to an Owner-delegated design will be only for the following 
limited purposes: 

1. Checking for conformance with the requirements of this Paragraph 7.19; 

2. Confirming that Contractor (through its design professionals) has used the performance 
and design criteria specified in the Contract Documents; and 

3. Establishing that the design furnished by Contractor is consistent with the design concept 
expressed in the Contract Documents. 

F. Contractor shall not be responsible for the adequacy of performance or design criteria 
specified by Owner or Engineer. 

G. Contractor is not required to provide professional services in violation of applicable Laws and 
Regulations. 

ARTICLE 8—OTHER WORK AT THE SITE 

8.01 Other Work 

A. In addition to and apart from the Work under the Contract Documents, the Owner may 
perform other work at or adjacent to the Site. Such other work may be performed by Owner’s 
employees, or through contracts between the Owner and third parties. Owner may also 
arrange to have third-party utility owners perform work on their utilities and facilities at or 
adjacent to the Site. 

B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through 
contracts for such other work, then Owner shall give Contractor written notice thereof prior 
to starting any such other work. If Owner has advance information regarding the start of any 
third-party utility work that Owner has arranged to take place at or adjacent to the Site, 
Owner shall provide such information to Contractor. 

C. Contractor shall afford proper and safe access to the Site to each contractor that performs 
such other work, each utility owner performing other work, and Owner, if Owner is 
performing other work with Owner’s employees, and provide a reasonable opportunity for 
the introduction and storage of materials and equipment and the execution of such other 
work. 

D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to 
properly connect or otherwise make its several parts come together and properly integrate 
with such other work. Contractor shall not endanger any work of others by cutting, 
excavating, or otherwise altering such work; provided, however, that Contractor may cut or 
alter others' work with the written consent of Engineer and the others whose work will be 
affected. 


E. If the proper execution or results of any part of Contractor’s Work depends upon work 
performed by others, Contractor shall inspect such other work and promptly report to 
Engineer in writing any delays, defects, or deficiencies in such other work that render it 
unavailable or unsuitable for the proper execution and results of Contractor’s Work. 
Contractor’s failure to so report will constitute an acceptance of such other work as fit and 
proper for integration with Contractor’s Work except for latent defects and deficiencies in 
such other work. 

F. The provisions of this article are not applicable to work that is performed by third-party 
utilities or other third-party entities without a contract with Owner, or that is performed 
without having been arranged by Owner. If such work occurs, then any related delay, 
disruption, or interference incurred by Contractor is governed by the provisions of 
Paragraph 4.05.C.3. 

8.02 Coordination 

A. If Owner intends to contract with others for the performance of other work at or adjacent to 
the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to 
arrange to have utility owners perform work at or adjacent to the Site, the following will be 
set forth in the Supplementary Conditions or provided to Contractor prior to the start of any 
such other work: 

1. The identity of the individual or entity that will have authority and responsibility for 
coordination of the activities among the various contractors; 

2. An itemization of the specific matters to be covered by such authority and responsibility; 
and 

3. The extent of such authority and responsibilities. 

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority 
and responsibility for such coordination. 

8.03 Legal Relationships 

A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s 
employees, any other contractor working for Owner, or any utility owner that Owner has 
arranged to perform work, causes damage to the Work or to the property of Contractor or its 
Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the 
performance of the Work, through actions or inaction, then Contractor shall be entitled to an 
equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any 
Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times 
under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering 
event. The entitlement to, and extent of, any such equitable adjustment will take into account 
information (if any) regarding such other work that was provided to Contractor in the Contract 
Documents prior to the submittal of the Bid or the final negotiation of the terms of the 
Contract, and any remedies available to Contractor under Laws or Regulations concerning 
utility action or inaction. When applicable, any such equitable adjustment in Contract Price 
will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other 
contractor or utility owner with respect to the damage, delay, disruption, or interference that 
is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract 
Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 


B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, 
disrupting, or interfering with the work of Owner, any other contractor, or any utility owner 
performing other work at or adjacent to the Site. 

1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or 
interferes with the work of any such other contractor or utility owner, then Owner may 
impose a set-off against payments due Contractor, and assign to such other contractor or 
utility owner the Owner’s contractual rights against Contractor with respect to the breach 
of the obligations set forth in this Paragraph 8.03.B. 

2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, 
Contractor shall be liable to Owner for damage to such other work, and for the reasonable 
direct delay, disruption, and interference costs incurred by Owner as a result of 
Contractor’s failure to take reasonable and customary measures with respect to Owner’s 
other work. In response to such damage, delay, disruption, or interference, Owner may 
impose a set-off against payments due Contractor. 

C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, 
or any utility owner performing other work at or adjacent to the Site, through Contractor’s 
failure to take reasonable and customary measures to avoid such impacts, or if any claim 
arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or 
adjacent to the Site is made by any such other contractor or utility owner against Contractor, 
Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all 
parties through negotiations with such other contractor or utility owner, or otherwise resolve 
the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify 
and hold harmless Owner and Engineer, and the officers, directors, members, partners, 
employees, agents, consultants and subcontractors of each and any of them from and against 
any such claims, and against all costs, losses, and damages (including but not limited to all 
fees and charges of engineers, architects, attorneys, and other professionals and all court or 
arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, 
disruption, or interference. 

ARTICLE 9—OWNER’S RESPONSIBILITIES 

9.01 Communications to Contractor 

A. Except as otherwise provided in these General Conditions, Owner shall issue all 
communications to Contractor through Engineer. 

9.02 Replacement of Engineer 

A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor 
makes no reasonable objection to the replacement engineer. The replacement engineer’s 
status under the Contract Documents will be that of the former Engineer. 

9.03 Furnish Data 

A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 

9.04 Pay When Due 

A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 


9.05 Lands and Easements; Reports, Tests, and Drawings 

A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. 

B. Owner’s duties with respect to providing engineering surveys to establish reference points 
are set forth in Paragraph 4.03. 

C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of 
explorations and tests of conditions at the Site, and drawings of physical conditions relating 
to existing surface or subsurface structures at the Site. 

9.06 Insurance 

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and 
property insurance are set forth in Article 6. 

9.07 Change Orders 

A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 

9.08 Inspections, Tests, and Approvals 

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in 
Paragraph 14.02.B. 

9.09 Limitations on Owner’s Responsibilities 

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible 
for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or 
the safety precautions and programs incident thereto, or for any failure of Contractor to 
comply with Laws and Regulations applicable to the performance of the Work. Owner will not 
be responsible for Contractor’s failure to perform the Work in accordance with the Contract 
Documents. 

9.10 Undisclosed Hazardous Environmental Condition 

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set 
forth in Paragraph 5.06. 

9.11 Evidence of Financial Arrangements 

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that 
financial arrangements have been made to satisfy Owner’s obligations under the Contract 
(including obligations under proposed changes in the Work). 

9.12 Safety Programs 

A. While at the Site, Owner’s employees and representatives shall comply with the specific 
applicable requirements of Contractor’s safety programs of which Owner has been informed. 

B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. 


ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 

10.01 Owner’s Representative 

A. Engineer will be Owner’s representative during the construction period. The duties and 
responsibilities and the limitations of authority of Engineer as Owner’s representative during 
construction are set forth in the Contract. 

10.02 Visits to Site 

A. Engineer will make visits to the Site at intervals appropriate to the various stages of 
construction as Engineer deems necessary in order to observe, as an experienced and 
qualified design professional, the progress that has been made and the quality of the various 
aspects of Contractor’s executed Work. Based on information obtained during such visits and 
observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is 
proceeding in accordance with the Contract Documents. Engineer will not be required to 
make exhaustive or continuous inspections on the Site to check the quality or quantity of the 
Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of 
confidence that the completed Work will conform generally to the Contract Documents. On 
the basis of such visits and observations, Engineer will keep Owner informed of the progress 
of the Work and will endeavor to guard Owner against defective Work. 

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and 
responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a 
result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, 
direct, control, or have authority over or be responsible for Contractor’s means, methods, 
techniques, sequences, or procedures of construction, or the safety precautions and 
programs incident thereto, or for any failure of Contractor to comply with Laws and 
Regulations applicable to the performance of the Work. 

10.03 Resident Project Representative 

A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project 
Representative to represent Engineer at the Site and assist Engineer in observing the progress 
and quality of the Work, then the authority and responsibilities of any such Resident Project 
Representative will be as provided in the Supplementary Conditions, and limitations on the 
responsibilities thereof will be as provided in the Supplementary Conditions and in 
Paragraph 10.07. 

B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or 
employee to represent Owner at the Site, then the responsibilities and authority of such 
individual or entity will be as provided in the Supplementary Conditions. 

10.04 Engineer’s Authority 

A. Engineer has the authority to reject Work in accordance with Article 14. 

B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16. 

C. Engineer’s authority as to design drawings, calculations, specifications, certifications and 
other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of 
professional design services, is set forth in Paragraph 7.19. 

D. Engineer’s authority as to changes in the Work is set forth in Article 11. 


E. Engineer’s authority as to Applications for Payment is set forth in Article 15. 

10.05 Determinations for Unit Price Work 

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed 
by Contractor as set forth in Paragraph 13.03. 

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 

A. Engineer will render decisions regarding the requirements of the Contract Documents, and 
judge the acceptability of the Work, pursuant to the specific procedures set forth herein for 
initial interpretations, Change Proposals, and acceptance of the Work. In rendering such 
decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will 
not be liable to Owner, Contractor, or others in connection with any proceedings, 
interpretations, decisions, or judgments conducted or rendered in good faith. 

10.07 Limitations on Engineer’s Authority and Responsibilities 

A. Neither Engineer’s authority or responsibility under this Article 10 or under any other 
provision of the Contract, nor any decision made by Engineer in good faith either to exercise 
or not exercise such authority or responsibility or the undertaking, exercise, or performance 
of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in 
contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, 
any other individual or entity, or to any surety for or employee or agent of any of them. 

B. Engineer will not supervise, direct, control, or have authority over or be responsible for 
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the 
safety precautions and programs incident thereto, or for any failure of Contractor to comply 
with Laws and Regulations applicable to the performance of the Work. Engineer will not be 
responsible for Contractor’s failure to perform the Work in accordance with the Contract 
Documents. 

C. Engineer will not be responsible for the acts or omissions of Contractor or of any 
Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. 

D. Engineer’s review of the final Application for Payment and accompanying documentation, and 
all maintenance and operating instructions, schedules, guarantees, bonds, certificates of 
inspection, tests and approvals, and other documentation required to be delivered by 
Contractor under Paragraph 15.06.A, will only be to determine generally that their content 
complies with the requirements of, and in the case of certificates of inspections, tests, and 
approvals, that the results certified indicate compliance with the Contract Documents. 

E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply 
to the Resident Project Representative, if any. 

10.08 Compliance with Safety Program 

A. While at the Site, Engineer’s employees and representatives will comply with the specific 
applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has 
been informed. 


ARTICLE 11—CHANGES TO THE CONTRACT 

11.01 Amending and Supplementing the Contract 

A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, 
or a Field Order. 

B. If an amendment or supplement to the Contract includes a change in the Contract Price or 
the Contract Times, such amendment or supplement must be set forth in a Change Order. 

C. All changes to the Contract that involve (1) the performance or acceptability of the Work, 
(2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other 
engineering or technical matters, must be supported by Engineer’s recommendation. Owner 
and Contractor may amend other terms and conditions of the Contract without the 
recommendation of the Engineer. 

11.02 Change Orders 

A. Owner and Contractor shall execute appropriate Change Orders covering: 

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including 
any undisputed sum or amount of time for Work actually performed in accordance with 
a Work Change Directive; 

2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly 
contested such set-off; 

3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, 
(b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or 
Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the 
parties, subject to the need for Engineer’s recommendation if the change in the Work 
involves the design (as set forth in the Drawings, Specifications, or otherwise) or other 
engineering or technical matters; and 

4. Changes that embody the substance of any final and binding results under: 
Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, 
concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments 
resulting from allowances; Paragraph 13.03.D, final adjustments relating to 
determination of quantities for Unit Price Work; and similar provisions. 

B. If Owner or Contractor refuses to execute a Change Order that is required to be executed 
under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if 
fully executed. 

11.03 Work Change Directives 

A. A Work Change Directive will not change the Contract Price or the Contract Times but is 
evidence that the parties expect that the modification ordered or documented by a Work 
Change Directive will be incorporated in a subsequently issued Change Order, following 
negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract 
Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the 
terms of the Contract Documents governing adjustments, expressly including 
Paragraph 11.07 regarding change of Contract Price. 


B. If Owner has issued a Work Change Directive and: 

1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, 
then Contractor shall submit any Change Proposal seeking such an adjustment no later 
than 30 days after the completion of the Work set out in the Work Change Directive. 

2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then 
Owner shall submit any Claim seeking such an adjustment no later than 60 days after 
issuance of the Work Change Directive. 

11.04 Field Orders 

A. Engineer may authorize minor changes in the Work if the changes do not involve an 
adjustment in the Contract Price or the Contract Times and are compatible with the design 
concept of the completed Project as a functioning whole as indicated by the Contract 
Documents. Such changes will be accomplished by a Field Order and will be binding on Owner 
and also on Contractor, which shall perform the Work involved promptly. 

B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or 
Contract Times, then before proceeding with the Work at issue, Contractor shall submit a 
Change Proposal as provided herein. 

11.05 Owner-Authorized Changes in the Work 

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time 
or from time to time, order additions, deletions, or revisions in the Work. Changes involving 
the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or 
technical matters will be supported by Engineer’s recommendation. 

B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor 
have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by 
a Work Change Directive. Upon receipt of any such document, Contractor shall promptly 
proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease 
construction activities with respect to such deleted Work. Added or revised Work must be 
performed under the applicable conditions of the Contract Documents. 

C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor 
reasonably concludes cannot be performed in a manner consistent with Contractor’s safety 
obligations under the Contract Documents or Laws and Regulations. 

11.06 Unauthorized Changes in the Work 

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the 
Contract Times with respect to any work performed that is not required by the Contract 
Documents, as amended, modified, or supplemented, except in the case of an emergency as 
provided in Paragraph 7.15 or in the case of uncovering Work as provided in 
Paragraph 14.05.C.2. 

11.07 Change of Contract Price 

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an 
adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any 
Claim for an adjustment of Contract Price must comply with the provisions of Article 12. 

B. An adjustment in the Contract Price will be determined as follows: 


1. Where the Work involved is covered by unit prices contained in the Contract Documents, 
then by application of such unit prices to the quantities of the items involved (subject to 
the provisions of Paragraph 13.03); 

2. Where the Work involved is not covered by unit prices contained in the Contract 
Documents, then by a mutually agreed lump sum (which may include an allowance for 
overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 

3. Where the Work involved is not covered by unit prices contained in the Contract 
Documents and the parties do not reach mutual agreement to a lump sum, then on the 
basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a 
Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C). 

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be 
determined as follows: 

1. A mutually acceptable fixed fee; or 

2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the 
various portions of the Cost of the Work: 

a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will 
be 15 percent; 

b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent; 

c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a 
fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 
11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the 
costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that 
actually performs the Work, at whatever tier, and (2) with respect to Contractor itself 
and to any Subcontractors of a tier higher than that of the Subcontractor that actually 
performs the Work, a fee of 5 percent of the amount (fee plus underlying costs 
incurred) attributable to the next lower tier Subcontractor; provided, however, that 
for any such subcontracted Work the maximum total fee to be paid by Owner will be 
no greater than 27 percent of the costs incurred by the Subcontractor that actually 
performs the Work; 

d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 
13.01.B.5, and 13.01.C; 

e. The amount of credit to be allowed by Contractor to Owner for any change which 
results in a net decrease in Cost of the Work will be the amount of the actual net 
decrease in Cost of the Work and a deduction of an additional amount equal to 
5 percent of such actual net decrease in Cost of the Work; and 

f. When both additions and credits are involved in any one change or Change Proposal, 
the adjustment in Contractor’s fee will be computed by determining the sum of the 
costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, 
Paragraph 13.01.B.1; incorporated materials and equipment costs, 
Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants 
costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to 
each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a 
through 11.07.C.2.e, inclusive. 


11.08 Change of Contract Times 

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an 
adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any 
Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. 

B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, 
are addressed in and governed by Paragraph 4.05. 

11.09 Change Proposals 

A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an 
adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer 
concerning the requirements of the Contract Documents or relating to the acceptability of 
the Work under the Contract Documents; challenge a set-off against payment due; or seek 
other relief under the Contract. The Change Proposal will specify any proposed change in 
Contract Times or Contract Price, or other proposed relief, and explain the reason for the 
proposed change, with citations to any governing or applicable provisions of the Contract 
Documents. Each Change Proposal will address only one issue, or a set of closely related 
issues. 

B. Change Proposal Procedures 

1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after 
the start of the event giving rise thereto, or after such initial decision. 

2. Supporting Data: The Contractor shall submit supporting data, including the proposed 
change in Contract Price or Contract Time (if any), to the Engineer and Owner within 
15 days after the submittal of the Change Proposal. 

a. Change Proposals based on or related to delay, interruption, or interference must 
comply with the provisions of Paragraphs 4.05.D and 4.05.E. 

b. Change proposals related to a change of Contract Price must include full and detailed 
accounts of materials incorporated into the Work and labor and equipment used for 
the subject Work. 

The supporting data must be accompanied by a written statement that the supporting 
data are accurate and complete, and that any requested time or price adjustment is the 
entire adjustment to which Contractor believes it is entitled as a result of said event. 

3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and 
consider any comments or response from Owner regarding the Change Proposal. If in its 
discretion Engineer concludes that additional supporting data is needed before 
conducting a full review and making a decision regarding the Change Proposal, then 
Engineer may request that Contractor submit such additional supporting data by a date 
specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 

4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s 
supporting data (including any additional data requested by Engineer), Engineer will 
conduct a full review of each Change Proposal and, within 30 days after such receipt of 
the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in 
whole, or approve it in part and deny it in part. Such actions must be in writing, with a 
copy provided to Owner and Contractor. If Engineer does not take action on the Change 


Proposal within 30 days, then either Owner or Contractor may at any time thereafter 
submit a letter to the other party indicating that as a result of Engineer’s inaction the 
Change Proposal is deemed denied, thereby commencing the time for appeal of the 
denial under Article 12. 

5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, 
unless Owner or Contractor appeals the decision by filing a Claim under Article 12. 

C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design 
(as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or 
other engineering or technical matters, then Engineer will notify the parties in writing that 
the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of 
such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to 
seek resolution under the terms of Article 12. 

D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a 
written recommendation of final payment pursuant to Paragraph 15.06.B. 

11.10 Notification to Surety 

A. If the provisions of any bond require notice to be given to a surety of any change affecting the 
general scope of the Work or the provisions of the Contract Documents (including, but not 
limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s 
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of 
any such change. 

ARTICLE 12—CLAIMS 

12.01 Claims 

A. Claims Process: The following disputes between Owner and Contractor are subject to the 
Claims process set forth in this article: 

1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 

2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief 
under the Contract Documents; 

3. Disputes that Engineer has been unable to address because they do not involve the design 
(as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, 
or other engineering or technical matters; and 

4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer 
has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. 

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to 
the Contract promptly (but in no event later than 30 days) after the start of the event giving 
rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision 
under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its 
information only. The responsibility to substantiate a Claim rests with the party making the 
Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or 
Contract Price, Contractor shall certify that the Claim is made in good faith, that the 
supporting data are accurate and complete, and that to the best of Contractor’s knowledge 


and belief the amount of time or money requested accurately reflects the full amount to 
which Contractor is entitled. 

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full 
consideration to its merits. The two parties shall seek to resolve the Claim through the 
exchange of information and direct negotiations. The parties may extend the time for 
resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing 
and submitted to the other party, with a copy to Engineer. 

D. Mediation 

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to 
mediation of the underlying dispute. The agreement to mediate will stay the Claim 
submittal and response process. 

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, 
either Owner or Contractor may unilaterally terminate the mediation process, and the 
Claim submittal and decision process will resume as of the date of the termination. If the 
mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and 
decision process will resume as of the date of the conclusion of the mediation, as 
determined by the mediator. 

3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. 

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, 
such action will be final and binding unless within 30 days of such action the other party 
invokes the procedure set forth in Article 17 for final resolution of disputes. 

F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim 
may deny it by giving written notice of denial to the other party. If the receiving party does 
not take action on the Claim within 90 days, then either Owner or Contractor may at any time 
thereafter submit a letter to the other party indicating that as a result of the inaction, the 
Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of 
the Claim will be final and binding unless within 30 days of the denial the other party invokes 
the procedure set forth in Article 17 for the final resolution of disputes. 

G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether 
through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is 
approved in part and denied in part, or denied in full, and such actions become final and 
binding; then the results of the agreement or action on the Claim will be incorporated in a 
Change Order or other written document to the extent they affect the Contract, including the 
Work, the Contract Times, or the Contract Price. 

ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 

13.01 Cost of the Work 

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum 
of all costs necessary for the proper performance of the Work at issue, as further defined 
below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 

1. To determine Cost of the Work when Cost of the Work is a component of the Contract 
Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 


2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, 
or other adjustment in Contract Price. When the value of any such adjustment is 
determined on the basis of Cost of the Work, Contractor is entitled only to those 
additional or incremental costs required because of the change in the Work or because 
of the event giving rise to the adjustment. 

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in 
the Cost of the Work will be in amounts no higher than those commonly incurred in the 
locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will 
include only the following items: 

1. Payroll costs for employees in the direct employ of Contractor in the performance of the 
Work under schedules of job classifications agreed upon by Owner and Contractor in 
advance of the subject Work. Such employees include, without limitation, 
superintendents, foremen, safety managers, safety representatives, and other personnel 
employed full time on the Work. Payroll costs for employees not employed full time on 
the Work will be apportioned on the basis of their time spent on the Work. Payroll costs 
include, but are not limited to, salaries and wages plus the cost of fringe benefits, which 
include social security contributions, unemployment, excise, and payroll taxes, workers’ 
compensation, health and retirement benefits, sick leave, and vacation and holiday pay 
applicable thereto. The expenses of performing Work outside of regular working hours, 
on Saturday, Sunday, or legal holidays, will be included in the above to the extent 
authorized by Owner. 

2. Cost of all materials and equipment furnished and incorporated in the Work, including 
costs of transportation and storage thereof, and Suppliers’ field services required in 
connection therewith. All cash discounts accrue to Contractor unless Owner deposits 
funds with Contractor with which to make payments, in which case the cash discounts 
will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of 
surplus materials and equipment will accrue to Owner, and Contractor shall make 
provisions so that they may be obtained. 

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. 
If required by Owner, Contractor shall obtain competitive bids from subcontractors 
acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then 
determine, with the advice of Engineer, which bids, if any, will be acceptable. If any 
subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work 
plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same 
manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 

4. Costs of special consultants (including but not limited to engineers, architects, testing 
laboratories, surveyors, attorneys, and accountants) employed or retained for services 
specifically related to the Work. 

5. Other costs consisting of the following: 

a. The proportion of necessary transportation, travel, and subsistence expenses of 
Contractor’s employees incurred in discharge of duties connected with the Work. 

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, 
machinery, appliances, office, and temporary facilities at the Site, which are 


consumed in the performance of the Work, and cost, less market value, of such items 
used but not consumed which remain the property of Contractor. 

1) In establishing included costs for materials such as scaffolding, plating, or 
sheeting, consideration will be given to the actual or the estimated life of the 
material for use on other projects; or rental rates may be established on the basis 
of purchase or salvage value of such items, whichever is less. Contractor will not 
be eligible for compensation for such items in an amount that exceeds the 
purchase cost of such item. 

c. Construction Equipment Rental 

1) Rentals of all construction equipment and machinery, and the parts thereof, in 
accordance with rental agreements approved by Owner as to price (including any 
surcharge or special rates applicable to overtime use of the construction 
equipment or machinery), and the costs of transportation, loading, unloading, 
assembly, dismantling, and removal thereof. All such costs will be in accordance 
with the terms of said rental agreements. The rental of any such equipment, 
machinery, or parts must cease when the use thereof is no longer necessary for 
the Work. 

2) Costs for equipment and machinery owned by Contractor or a Contractor-related 
entity will be paid at a rate shown for such equipment in the equipment rental 
rate book specified in the Supplementary Conditions. An hourly rate will be 
computed by dividing the monthly rates by 176. These computed rates will 
include all operating costs. 

3) With respect to Work that is the result of a Change Order, Change Proposal, 
Claim, set-off, or other adjustment in Contract Price (“changed Work”), included 
costs will be based on the time the equipment or machinery is in use on the 
changed Work and the costs of transportation, loading, unloading, assembly, 
dismantling, and removal when directly attributable to the changed Work. The 
cost of any such equipment or machinery, or parts thereof, must cease to accrue 
when the use thereof is no longer necessary for the changed Work. 

d. Sales, consumer, use, and other similar taxes related to the Work, and for which 
Contractor is liable, as imposed by Laws and Regulations. 

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or 
anyone directly or indirectly employed by any of them or for whose acts any of them 
may be liable, and royalty payments and fees for permits and licenses. 

f. Losses and damages (and related expenses) caused by damage to the Work, not 
compensated by insurance or otherwise, sustained by Contractor in connection with 
the performance of the Work (except losses and damages within the deductible 
amounts of builder’s risk or other property insurance established in accordance with 
Paragraph 6.04), provided such losses and damages have resulted from causes other 
than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly 
employed by any of them or for whose acts any of them may be liable. Such losses 
include settlements made with the written consent and approval of Owner. No such 
losses, damages, and expenses will be included in the Cost of the Work for the 
purpose of determining Contractor’s fee. 


g. The cost of utilities, fuel, and sanitary facilities at the Site. 

h. Minor expenses such as communication service at the Site, express and courier 
services, and similar petty cash items in connection with the Work. 

i. The costs of premiums for all bonds and insurance that Contractor is required by the 
Contract Documents to purchase and maintain. 

C. Costs Excluded: The term Cost of the Work does not include any of the following items: 

1. Payroll costs and other compensation of Contractor’s officers, executives, principals, 
general managers, engineers, architects, estimators, attorneys, auditors, accountants, 
purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel 
employed by Contractor, whether at the Site or in Contractor’s principal or branch office 
for general administration of the Work and not specifically included in the agreed upon 
schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered 
by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to 
be considered administrative costs covered by the Contractor’s fee. 

2. The cost of purchasing, renting, or furnishing small tools and hand tools. 

3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the 
Site. 

4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital 
employed for the Work and charges against Contractor for delinquent payments. 

5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or 
indirectly employed by any of them or for whose acts any of them may be liable, including 
but not limited to, the correction of defective Work, disposal of materials or equipment 
wrongly supplied, and making good any damage to property. 

6. Expenses incurred in preparing and advancing Claims. 

7. Other overhead or general expense costs of any kind and the costs of any item not 
specifically and expressly included in Paragraph 13.01.B. 

D. Contractor’s Fee 

1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: 

a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective 
Date of the Contract will be determined as set forth in the Agreement. 

b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other 
adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be 
determined as follows: 

1) When the fee for the Work as a whole is a percentage of the Cost of the Work, 
the fee will automatically adjust as the Cost of the Work changes. 

2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or 
deletions will be determined in accordance with Paragraph 11.07.C.2. 

2. When the Work as a whole is performed on the basis of a stipulated sum, or any other 
basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change 


Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis 
of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. 

E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be 
determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish 
and maintain records of the costs in accordance with generally accepted accounting practices. 
Subject to prior written notice, Owner will be afforded reasonable access, during normal 
business hours, to all Contractor’s accounts, records, books, correspondence, instructions, 
drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work 
and Contractor’s fee. Contractor shall preserve all such documents for a period of three years 
after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, 
and preserve such documents, to the same extent required of Contractor. 

13.02 Allowances 

A. It is understood that Contractor has included in the Contract Price all allowances so named in 
the Contract Documents and shall cause the Work so covered to be performed for such sums 
and by such persons or entities as may be acceptable to Owner and Engineer. 

B. Cash Allowances: Contractor agrees that: 

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) 
of materials and equipment required by the allowances to be delivered at the Site, and 
all applicable taxes; and 

2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, 
profit, and other expenses contemplated for the cash allowances have been included in 
the Contract Price and not in the allowances, and no demand for additional payment for 
any of the foregoing will be valid. 

C. Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance, 
if any, is for the sole use of Owner to cover unanticipated costs. 

D. Prior to final payment, an appropriate Change Order will be issued as recommended by 
Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the 
Contract Price will be correspondingly adjusted. 

13.03 Unit Price Work 

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, 
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal 
to the sum of the unit price for each separately identified item of Unit Price Work times the 
estimated quantity of each item as indicated in the Agreement. 

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for 
the purpose of comparison of Bids and determining an initial Contract Price. Payments to 
Contractor for Unit Price Work will be based on actual quantities. 

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate 
to cover Contractor’s overhead and profit for each separately identified item. 

D. Engineer will determine the actual quantities and classifications of Unit Price Work performed 
by Contractor. Engineer will review with Contractor the Engineer’s preliminary 
determinations on such matters before rendering a written decision thereon (by 
recommendation of an Application for Payment or otherwise). Engineer’s written decision 


thereon will be final and binding (except as modified by Engineer to reflect changed factual 
conditions or more accurate data) upon Owner and Contractor, and the final adjustment of 
Contract Price will be set forth in a Change Order, subject to the provisions of the following 
paragraph. 

E. Adjustments in Unit Price 

1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to 
an item of Unit Price Work if: 

a. the quantity of the item of Unit Price Work performed by Contractor differs materially 
and significantly from the estimated quantity of such item indicated in the 
Agreement; and 

b. Contractor’s unit costs to perform the item of Unit Price Work have changed 
materially and significantly as a result of the quantity change. 

2. The adjustment in unit price will account for and be coordinated with any related changes 
in quantities of other items of Work, and in Contractor’s costs to perform such other 
Work, such that the resulting overall change in Contract Price is equitable to Owner and 
Contractor. 

3. Adjusted unit prices will apply to all units of that item. 

ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 

14.01 Access to Work 

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, 
independent testing laboratories, and authorities having jurisdiction have access to the Site 
and the Work at reasonable times for their observation, inspection, and testing. Contractor 
shall provide them proper and safe conditions for such access and advise them of Contractor’s 
safety procedures and programs so that they may comply with such procedures and programs 
as applicable. 

14.02 Tests, Inspections, and Approvals 

A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts 
thereof) for all required inspections and tests, and shall cooperate with inspection and testing 
personnel to facilitate required inspections and tests. 

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, 
or other qualified individual or entity to perform all inspections and tests expressly required 
by the Contract Documents to be furnished and paid for by Owner, except that costs incurred 
in connection with tests or inspections of covered Work will be governed by the provisions of 
Paragraph 14.05. 

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) 
specifically to be inspected, tested, or approved by an employee or other representative of 
such public body, Contractor shall assume full responsibility for arranging and obtaining such 
inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer 
the required certificates of inspection or approval. 


D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and 
tests required: 

1. by the Contract Documents, unless the Contract Documents expressly allocate 
responsibility for a specific inspection or test to Owner; 

2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be 
incorporated in the Work; 

3. by manufacturers of equipment furnished under the Contract Documents; 

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be 
incorporated into the Work; and 

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to 
Contractor’s purchase thereof for incorporation in the Work. 

Such inspections and tests will be performed by independent inspectors, testing laboratories, 
or other qualified individuals or entities acceptable to Owner and Engineer. 

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, 
Engineer, or another designated individual or entity, then Contractor shall assume full 
responsibility for arranging and obtaining such approvals. 

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by 
Contractor without written concurrence of Engineer, Contractor shall, if requested by 
Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense 
unless Contractor had given Engineer timely notice of Contractor’s intention to cover the 
same and Engineer had not acted with reasonable promptness in response to such notice. 

14.03 Defective Work 

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. 

B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and 
to reject defective Work. 

C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer 
has actual knowledge will be given to Contractor. 

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective 
Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, 
or completed, or, if Engineer has rejected the defective Work, remove it from the Project and 
replace it with Work that is not defective. 

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action 
that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said 
Work. 

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with 
respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising 
out of or relating to defective Work, including but not limited to the cost of the inspection, 
testing, correction, removal, replacement, or reconstruction of such defective Work, fines 
levied against Owner by governmental authorities because the Work is defective, and the 
costs of repair or replacement of work of others resulting from defective Work. Prior to final 
payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, 


losses, and damages resulting from defective Work, then Owner may impose a reasonable 
set-off against payments due under Article 15. 

14.04 Acceptance of Defective Work 

A. If, instead of requiring correction or removal and replacement of defective Work, Owner 
prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final 
payment, to Engineer’s confirmation that such acceptance is in general accord with the design 
intent and applicable engineering principles, and will not endanger public safety). Contractor 
shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and 
determination to accept such defective Work (such costs to be approved by Engineer as to 
reasonableness), and for the diminished value of the Work to the extent not otherwise paid 
by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions 
in the Contract Documents with respect to the Work will be incorporated in a Change Order. 
If the parties are unable to agree as to the decrease in the Contract Price, reflecting the 
diminished value of Work so accepted, then Owner may impose a reasonable set-off against 
payments due under Article 15. If the acceptance of defective Work occurs after final 
payment, Contractor shall pay an appropriate amount to Owner. 

14.05 Uncovering Work 

A. Engineer has the authority to require additional inspection or testing of the Work, whether 
or not the Work is fabricated, installed, or completed. 

B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if 
requested by Engineer, uncover such Work for Engineer’s observation, and then replace the 
covering, all at Contractor’s expense. 

C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or 
inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, 
or otherwise make available for observation, inspection, or testing as Engineer may require, 
that portion of the Work in question, and provide all necessary labor, material, and 
equipment. 

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all 
claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, 
observation, inspection, and testing, and of satisfactory replacement or reconstruction 
(including but not limited to all costs of repair or replacement of work of others); and 
pending Contractor’s full discharge of this responsibility the Owner shall be entitled to 
impose a reasonable set-off against payments due under Article 15. 

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an 
increase in the Contract Price or an extension of the Contract Times, directly attributable 
to such uncovering, exposure, observation, inspection, testing, replacement, and 
reconstruction. If the parties are unable to agree as to the amount or extent thereof, then 
Contractor may submit a Change Proposal within 30 days of the determination that the 
Work is not defective. 

14.06 Owner May Stop the Work 

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable 
materials or equipment, or fails to perform the Work in such a way that the completed Work 
will conform to the Contract Documents, then Owner may order Contractor to stop the Work, 


or any portion thereof, until the cause for such order has been eliminated; however, this right 
of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this 
right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or 
entity, or any surety for, or employee or agent of any of them. 

14.07 Owner May Correct Defective Work 

A. If Contractor fails within a reasonable time after written notice from Engineer to correct 
defective Work, or to remove and replace defective Work as required by Engineer, then 
Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency. 

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed 
expeditiously. In connection with such corrective or remedial action, Owner may exclude 
Contractor from all or part of the Site, take possession of all or part of the Work and suspend 
Contractor’s services related thereto, and incorporate in the Work all materials and 
equipment stored at the Site or for which Owner has paid Contractor but which are stored 
elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, 
Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to 
enable Owner to exercise the rights and remedies under this paragraph. 

C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights 
and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs 
against payments due under Article 15. Such claims, costs, losses and damages will include 
but not be limited to all costs of repair, or replacement of work of others destroyed or 
damaged by correction, removal, or replacement of Contractor’s defective Work. 

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in 
the performance of the Work attributable to the exercise by Owner of Owner’s rights and 
remedies under this Paragraph 14.07. 

ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 

15.01 Progress Payments 

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will 
serve as the basis for progress payments and will be incorporated into a form of Application 
for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on 
the number of units completed during the pay period, as determined under the provisions of 
Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work 
completed by Contractor during the pay period. 

B. Applications for Payments 

1. At least 20 days before the date established in the Agreement for each progress payment 
(but not more often than once a month), Contractor shall submit to Engineer for review 
an Application for Payment filled out and signed by Contractor covering the Work 
completed as of the date of the Application and accompanied by such supporting 
documentation as is required by the Contract Documents. 

2. If payment is requested on the basis of materials and equipment not incorporated in the 
Work but delivered and suitably stored at the Site or at another location agreed to in 
writing, the Application for Payment must also be accompanied by: (a) a bill of sale, 
invoice, copies of subcontract or purchase order payments, or other documentation 


establishing full payment by Contractor for the materials and equipment; (b) at Owner’s 
request, documentation warranting that Owner has received the materials and 
equipment free and clear of all Liens; and (c) evidence that the materials and equipment 
are covered by appropriate property insurance, a warehouse bond, or other 
arrangements to protect Owner’s interest therein, all of which must be satisfactory to 
Owner. 

3. Beginning with the second Application for Payment, each Application must include an 
affidavit of Contractor stating that all previous progress payments received by Contractor 
have been applied to discharge Contractor’s legitimate obligations associated with prior 
Applications for Payment. 

4. The amount of retainage with respect to progress payments will be as stipulated in the 
Agreement. 

C. Review of Applications 

1. Engineer will, within 10 days after receipt of each Application for Payment, including each 
resubmittal, either indicate in writing a recommendation of payment and present the 
Application to Owner, or return the Application to Contractor indicating in writing 
Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor 
may make the necessary corrections and resubmit the Application. 

2. Engineer’s recommendation of any payment requested in an Application for Payment will 
constitute a representation by Engineer to Owner, based on Engineer’s observations of 
the executed Work as an experienced and qualified design professional, and on Engineer’s 
review of the Application for Payment and the accompanying data and schedules, that to 
the best of Engineer’s knowledge, information and belief: 

a. the Work has progressed to the point indicated; 

b. the quality of the Work is generally in accordance with the Contract Documents 
(subject to an evaluation of the Work as a functioning whole prior to or upon 
Substantial Completion, the results of any subsequent tests called for in the Contract 
Documents, a final determination of quantities and classifications for Unit Price Work 
under Paragraph 13.03, and any other qualifications stated in the recommendation); 
and 

c. the conditions precedent to Contractor’s being entitled to such payment appear to 
have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 

3. By recommending any such payment Engineer will not thereby be deemed to have 
represented that: 

a. inspections made to check the quality or the quantity of the Work as it has been 
performed have been exhaustive, extended to every aspect of the Work in progress, 
or involved detailed inspections of the Work beyond the responsibilities specifically 
assigned to Engineer in the Contract; or 

b. there may not be other matters or issues between the parties that might entitle 
Contractor to be paid additionally by Owner or entitle Owner to withhold payment to 
Contractor. 


4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending 
payments nor Engineer’s recommendation of any payment, including final payment, will 
impose responsibility on Engineer: 

a. to supervise, direct, or control the Work; 

b. for the means, methods, techniques, sequences, or procedures of construction, or 
the safety precautions and programs incident thereto; 

c. for Contractor’s failure to comply with Laws and Regulations applicable to 
Contractor’s performance of the Work; 

d. to make any examination to ascertain how or for what purposes Contractor has used 
the money paid by Owner; or 

e. to determine that title to any of the Work, materials, or equipment has passed to 
Owner free and clear of any Liens. 

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s 
opinion, it would be incorrect to make the representations to Owner stated in 
Paragraph 15.01.C.2. 

6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s 
opinion to protect Owner from loss because: 

a. the Work is defective, requiring correction or replacement; 

b. the Contract Price has been reduced by Change Orders; 

c. Owner has been required to correct defective Work in accordance with 
Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; 

d. Owner has been required to remove or remediate a Hazardous Environmental 
Condition for which Contractor is responsible; or 

e. Engineer has actual knowledge of the occurrence of any of the events that would 
constitute a default by Contractor and therefore justify termination for cause under 
the Contract Documents. 

D. Payment Becomes Due 

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s 
recommendation, the amount recommended (subject to any Owner set-offs) will become 
due, and when due will be paid by Owner to Contractor. 

E. Reductions in Payment by Owner 

1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is 
entitled to impose a set-off against payment based on any of the following: 

a. Claims have been made against Owner based on Contractor’s conduct in the 
performance or furnishing of the Work, or Owner has incurred costs, losses, or 
damages resulting from Contractor’s conduct in the performance or furnishing of the 
Work, including but not limited to claims, costs, losses, or damages from workplace 
injuries, adjacent property damage, non-compliance with Laws and Regulations, and 
patent infringement; 


b. Contractor has failed to take reasonable and customary measures to avoid damage, 
delay, disruption, and interference with other work at or adjacent to the Site; 

c. Contractor has failed to provide and maintain required bonds or insurance; 

d. Owner has been required to remove or remediate a Hazardous Environmental 
Condition for which Contractor is responsible; 

e. Owner has incurred extra charges or engineering costs related to submittal reviews, 
evaluations of proposed substitutes, tests and inspections, or return visits to 
manufacturing or assembly facilities; 

f. The Work is defective, requiring correction or replacement; 

g. Owner has been required to correct defective Work in accordance with 
Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; 

h. The Contract Price has been reduced by Change Orders; 

i. An event has occurred that would constitute a default by Contractor and therefore 
justify a termination for cause; 

j. Liquidated or other damages have accrued as a result of Contractor’s failure to 
achieve Milestones, Substantial Completion, or final completion of the Work; 

k. Liens have been filed in connection with the Work, except where Contractor has 
delivered a specific bond satisfactory to Owner to secure the satisfaction and 
discharge of such Liens; or 

l. Other items entitle Owner to a set-off against the amount recommended. 

2. If Owner imposes any set-off against payment, whether based on its own knowledge or 
on the written recommendations of Engineer, Owner will give Contractor immediate 
written notice (with a copy to Engineer) stating the reasons for such action and the 
specific amount of the reduction, and promptly pay Contractor any amount remaining 
after deduction of the amount so withheld. Owner shall promptly pay Contractor the 
amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if 
Contractor remedies the reasons for such action. The reduction imposed will be binding 
on Contractor unless it duly submits a Change Proposal contesting the reduction. 

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the 
amount wrongfully withheld will be treated as an amount due as determined by 
Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 

15.02 Contractor’s Warranty of Title 

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished 
under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, 
and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the 
time of payment by Owner. 

15.03 Substantial Completion 

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify 
Owner and Engineer in writing that the entire Work is substantially complete and request that 
Engineer issue a certificate of Substantial Completion. Contractor shall at the same time 


submit to Owner and Engineer an initial draft of punch list items to be completed or corrected 
before final payment. 

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an 
inspection of the Work to determine the status of completion. If Engineer does not consider 
the Work substantially complete, Engineer will notify Contractor in writing giving the reasons 
therefor. 

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a 
preliminary certificate of Substantial Completion which will fix the date of Substantial 
Completion. Engineer shall attach to the certificate a punch list of items to be completed or 
corrected before final payment. Owner shall have 7 days after receipt of the preliminary 
certificate during which to make written objection to Engineer as to any provisions of the 
certificate or attached punch list. If, after considering the objections to the provisions of the 
preliminary certificate, Engineer concludes that the Work is not substantially complete, 
Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify 
Contractor in writing that the Work is not substantially complete, stating the reasons therefor. 
If Owner does not object to the provisions of the certificate, or if despite consideration of 
Owner’s objections Engineer concludes that the Work is substantially complete, then 
Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final 
certificate of Substantial Completion (with a revised punch list of items to be completed or 
corrected) reflecting such changes from the preliminary certificate as Engineer believes 
justified after consideration of any objections from Owner. 

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and 
Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial 
Completion, review the builder’s risk insurance policy with respect to the end of the builder’s 
risk coverage, and confirm the transition to coverage of the Work under a permanent 
property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in 
writing, Owner shall bear responsibility for security, operation, protection of the Work, 
property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the 
Work. 

E. After Substantial Completion the Contractor shall promptly begin work on the punch list of 
items to be completed or corrected prior to final payment. In appropriate cases Contractor 
may submit monthly Applications for Payment for completed punch list items, following the 
progress payment procedures set forth above. 

F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial 
Completion subject to allowing Contractor reasonable access to remove its property and 
complete or correct items on the punch list. 

15.04 Partial Use or Occupancy 

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially 
completed part of the Work which has specifically been identified in the Contract Documents, 
or which Owner, Engineer, and Contractor agree constitutes a separately functioning and 
usable part of the Work that can be used by Owner for its intended purpose without 


significant interference with Contractor’s performance of the remainder of the Work, subject 
to the following conditions: 

1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy 
any such part of the Work that Owner believes to be substantially complete. If and when 
Contractor agrees that such part of the Work is substantially complete, Contractor, 
Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for 
that part of the Work. 

2. At any time, Contractor may notify Owner and Engineer in writing that Contractor 
considers any such part of the Work substantially complete and request Engineer to issue 
a certificate of Substantial Completion for that part of the Work. 

3. Within a reasonable time after 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 15.03 will apply with respect to certification of Substantial Completion of that 
part of the Work and the division of responsibility in respect thereof and access thereto. 

4. No use or occupancy or separate operation of part of the Work may occur prior to 
compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other 
property insurance. 

15.05 Final Inspection 

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is 
complete, Engineer will promptly make a final inspection with Owner and Contractor and will 
notify Contractor in writing of all particulars in which this inspection reveals that the Work, or 
agreed portion thereof, is incomplete or defective. Contractor shall immediately take such 
measures as are necessary to complete such Work or remedy such deficiencies. 

15.06 Final Payment 

A. Application for Payment 

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections 
identified during the final inspection and has delivered, in accordance with the Contract 
Documents, all maintenance and operating instructions, schedules, guarantees, bonds, 
certificates or other evidence of insurance, certificates of inspection, annotated record 
documents (as provided in Paragraph 7.12), and other documents, Contractor may make 
application for final payment. 

2. The final Application for Payment must be accompanied (except as previously delivered) 
by: 

a. all documentation called for in the Contract Documents; 

b. consent of the surety, if any, to final payment; 

c. satisfactory evidence that all title issues have been resolved such that title to all Work, 
materials, and equipment has passed to Owner free and clear of any Liens or other 
title defects, or will so pass upon final payment. 


d. a list of all duly pending Change Proposals and Claims; and 

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien 
rights arising out of the Work, and of Liens filed in connection with the Work. 

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved 
by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor 
that: (a) the releases and receipts include all labor, services, material, and equipment for 
which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other 
indebtedness connected with the Work for which Owner might in any way be responsible, 
or which might in any way result in liens or other burdens on Owner's property, have been 
paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release 
or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner 
to indemnify Owner against any Lien, or Owner at its option may issue joint checks 
payable to Contractor and specified Subcontractors and Suppliers. 

B. Engineer’s Review of Final Application and Recommendation of Payment: If, on the basis of 
Engineer’s observation of the Work during construction and final inspection, and Engineer’s 
review of the final Application for Payment and accompanying documentation as required by 
the Contract Documents, Engineer is satisfied that the Work has been completed and 
Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10 
days after receipt of the final Application for Payment, indicate in writing Engineer’s 
recommendation of final payment and present the final Application for Payment to Owner 
for payment. Such recommendation will account for any set-offs against payment that are 
necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with 
respect to progress payments. Otherwise, Engineer will return the Application for Payment to 
Contractor, indicating in writing the reasons for refusing to recommend final payment, in 
which case Contractor shall make the necessary corrections and resubmit the Application for 
Payment. 

C. Notice of Acceptability: In support of its recommendation of payment of the final Application 
for Payment, Engineer will also give written notice to Owner and Contractor that the Work is 
acceptable, subject to stated limitations in the notice and to the provisions of 
Paragraph 15.07. 

D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready 
for final payment as established by the Engineer’s written recommendation of final payment 
and issuance of notice of the acceptability of the Work. 

E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment 
and accompanying documentation, Owner shall set off against the amount recommended by 
Engineer for final payment any further sum to which Owner is entitled, including but not 
limited to set-offs for liquidated damages and set-offs allowed under the provisions of this 
Contract with respect to progress payments. Owner shall pay the resulting balance due to 
Contractor within 30 days of Owner’s receipt of the final Application for Payment from 
Engineer. 

15.07 Waiver of Claims 

A. By making final payment, Owner waives its claim or right to liquidated damages or other 
damages for late completion by Contractor, except as set forth in an outstanding Claim, 


appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. 
Owner reserves all other claims or rights after final payment. 

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all 
claims and rights against Owner other than those pending matters that have been duly 
submitted as a Claim, or appealed under the provisions of Article 17. 

15.08 Correction Period 

A. If within one year after the date of Substantial Completion (or such longer period of time as 
may be prescribed by the Supplementary Conditions or the terms of any applicable special 
guarantee required by the Contract Documents), Owner gives Contractor written notice that 
any Work has been found to be defective, or that Contractor’s repair of any damages to the 
Site or adjacent areas has been found to be defective, then after receipt of such notice of 
defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s 
written instructions: 

1. correct the defective repairs to the Site or such adjacent areas; 

2. correct such defective Work; 

3. remove the defective Work from the Project and replace it with Work that is not 
defective, if the defective Work has been rejected by Owner, and 

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the 
work of others, or to other land or areas resulting from the corrective measures. 

B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or 
repairs is defective. If such notice is given within such 60 days but after the end of the 
correction period, the notice will be deemed a notice of defective Work under 
Paragraph 7.17.B. 

C. If, after receipt of a notice of defect within 60 days and within the correction period, 
Contractor does not promptly comply with the terms of Owner’s written instructions, or in an 
emergency where delay would cause serious risk of loss or damage, Owner may have the 
defective Work corrected or repaired or may have the rejected Work removed and replaced. 
Contractor shall pay all costs, losses, and damages (including but not limited to all fees and 
charges of engineers, architects, attorneys, and other professionals and all court or arbitration 
or other dispute resolution costs) arising out of or relating to such correction or repair or such 
removal and replacement (including but not limited to all costs of repair or replacement of 
work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of 
invoice from Owner will be deemed the start of an event giving rise to a Claim under 
Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure 
to pay. 

D. In special circumstances where a particular item of equipment is placed in continuous service 
before Substantial Completion of all the Work, the correction period for that item may start 
to run from an earlier date if so provided in the Specifications. 

E. Where defective Work (and damage to other Work resulting therefrom) has been corrected 
or removed and replaced under this paragraph, the correction period hereunder with respect 
to such Work will be extended for an additional period of one year after such correction or 
removal and replacement has been satisfactorily completed. 


F. Contractor’s obligations under this paragraph are in addition to all other obligations and 
warranties. The provisions of this paragraph are not to be construed as a substitute for, or a 
waiver of, the provisions of any applicable statute of limitation or repose. 

ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 

16.01 Owner May Suspend Work 

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a 
period of not more than 90 consecutive days by written notice to Contractor and Engineer. 
Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work 
on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an 
extension of the Contract Times directly attributable to any such suspension. Any Change 
Proposal seeking such adjustments must be submitted no later than 30 days after the date 
fixed for resumption of Work. 

16.02 Owner May Terminate for Cause 

A. The occurrence of any one or more of the following events will constitute a default by 
Contractor and justify termination for cause: 

1. Contractor’s persistent failure to perform the Work in accordance with the Contract 
Documents (including, but not limited to, failure to supply sufficient skilled workers or 
suitable materials or equipment, or failure to adhere to the Progress Schedule); 

2. Failure of Contractor to perform or otherwise to comply with a material term of the 
Contract Documents; 

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 

4. Contractor’s repeated disregard of the authority of Owner or Engineer. 

B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving 
Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration 
that Contractor is in default and termination of the Contract, Owner may proceed to: 

1. declare Contractor to be in default, and give Contractor (and any surety) written notice 
that the Contract is terminated; and 

2. enforce the rights available to Owner under any applicable performance bond. 

C. Subject to the terms and operation of any applicable performance bond, if Owner has 
terminated the Contract for cause, Owner may exclude Contractor from the Site, take 
possession of the Work, incorporate in the Work all materials and equipment stored at the 
Site or for which Owner has paid Contractor but which are stored elsewhere, and complete 
the Work as Owner may deem expedient. 

D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if 
Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure 
to perform and proceeds diligently to cure such failure. 

E. If Owner proceeds as provided in Paragraph 16.02.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 the cost to complete the Work, including all related claims, costs, 
losses, and damages (including but not limited to all fees and charges of engineers, architects, 


attorneys, and other professionals) sustained by Owner, such excess will be paid to 
Contractor. If the cost to complete the Work including such related claims, costs, losses, and 
damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such 
claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their 
reasonableness and, when so approved by Engineer, incorporated in a Change Order. When 
exercising any rights or remedies under this paragraph, Owner shall not be required to obtain 
the lowest price for the Work performed. 

F. Where Contractor’s services have been so terminated by Owner, the termination will not 
affect any rights or remedies of Owner against Contractor then existing or which may 
thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under 
any payment bond or performance bond. Any retention or payment of money due Contractor 
by Owner will not release Contractor from liability. 

G. If and to the extent that Contractor has provided a performance bond under the provisions 
of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions 
of Paragraphs 16.02.B and 16.02.D. 

16.03 Owner May Terminate for Convenience 

A. Upon 7 days’ written notice to Contractor and Engineer, Owner may, without cause and 
without prejudice to any other right or remedy of Owner, terminate the Contract. In such 
case, Contractor shall be paid for (without duplication of any items): 

1. completed and acceptable Work executed in accordance with the Contract Documents 
prior to the effective date of termination, including fair and reasonable sums for overhead 
and profit on such Work; 

2. expenses sustained prior to the effective date of termination in performing services and 
furnishing labor, materials, or equipment as required by the Contract Documents in 
connection with uncompleted Work, plus fair and reasonable sums for overhead and 
profit on such expenses; and 

3. other reasonable expenses directly attributable to termination, including costs incurred 
to prepare a termination for convenience cost proposal. 

B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination 
overhead costs, or other economic loss arising out of or resulting from such termination. 

16.04 Contractor May Stop Work or Terminate 

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 
consecutive days by Owner or under an order of court or other public authority, or (2) 
Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) 
Owner fails for 30 days to pay Contractor any sum finally determined to be due, then 
Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or 
Engineer do not remedy such suspension or failure within that time, terminate the contract 
and recover from Owner payment on the same terms as provided in Paragraph 16.03. 

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if 
Engineer has failed to act on an Application for Payment within 30 days after it is submitted, 
or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, 
Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until 
payment is made of all such amounts due Contractor, including interest thereon. The 


provisions of this paragraph are not intended to preclude Contractor from submitting a 
Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for 
expenses or damage directly attributable to Contractor’s stopping the Work as permitted by 
this paragraph. 

ARTICLE 17—FINAL RESOLUTION OF DISPUTES 

17.01 Methods and Procedures 

A. Disputes Subject to Final Resolution: The following disputed matters are subject to final 
resolution under the provisions of this article: 

1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, 
pursuant to Article 12; and 

2. Disputes between Owner and Contractor concerning the Work, or obligations under the 
Contract Documents, that arise after final payment has been made. 

B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or 
Contractor may: 

1. elect in writing to invoke the dispute resolution process provided for in the 
Supplementary Conditions; 

2. agree with the other party to submit the dispute to another dispute resolution process; 
or 

3. if no dispute resolution process is provided for in the Supplementary Conditions or 
mutually agreed to, give written notice to the other party of the intent to submit the 
dispute to a court of competent jurisdiction. 

ARTICLE 18—MISCELLANEOUS 

18.01 Giving Notice 

A. Whenever any provision of the Contract requires the giving of written notice to Owner, 
Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 

1. in person, by a commercial courier service or otherwise, to the recipient’s place of 
business; 

2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 

3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject 
line. 

18.02 Computation of Times 

A. When any period of time is referred to in the Contract by days, it will be computed to exclude 
the first and include the last day of such period. If the last day of any such period falls on a 
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, 
such day will be omitted from the computation. 


18.03 Cumulative Remedies 

A. The duties and obligations imposed by these General Conditions and the rights and remedies 
available hereunder to the parties hereto are in addition to, and are not to be construed in 
any way as a limitation of, any rights and remedies available to any or all of them which are 
otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or 
by other provisions of the Contract. The provisions of this paragraph will be as effective as if 
repeated specifically in the Contract Documents in connection with each particular duty, 
obligation, right, and remedy to which they apply. 

18.04 Limitation of Damages 

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and 
other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, 
members, partners, employees, agents, consultants, or subcontractors, shall be liable to 
Contractor for any claims, costs, losses, or damages sustained by Contractor on or in 
connection with any other project or anticipated project. 

18.05 No Waiver 

A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor 
will it affect the enforceability of that provision or of the remainder of this Contract. 

18.06 Survival of Obligations 

A. All representations, indemnifications, warranties, and guarantees made in, required by, or 
given in accordance with the Contract, as well as all continuing obligations indicated in the 
Contract, will survive final payment, completion, and acceptance of the Work or termination 
of the Contract or of the services of Contractor. 

18.07 Controlling Law 

A. This Contract is to be governed by the law of the state in which the Project is located. 

18.08 Assignment of Contract 

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this 
Contract of any rights under or interests in the Contract will be binding on the other party 
without the written consent of the party sought to be bound; and, specifically but without 
limitation, money that may become due and money that is due may not be assigned without 
such consent (except to the extent that the effect of this restriction may be limited by law), 
and unless specifically stated to the contrary in any written consent to an assignment, no 
assignment will release or discharge the assignor from any duty or responsibility under the 
Contract. 

18.09 Successors and Assigns 

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to 
the other party hereto, its successors, assigns, and legal representatives in respect to all 
covenants, agreements, and obligations contained in the Contract Documents. 

18.10 Headings 

A. Article and paragraph headings are inserted for convenience only and do not constitute parts 
of these General Conditions. 


 

 

 

 

 

 

 

 

DIVISION 1 

 

GENERAL REQUIREMENTS 


 SECTION 01000 

 

 GENERAL REQUIREMENTS 

 

PART 1 - GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: The Work to be done consists of the furnishing of all labor, 
materials and equipment, and the performance of all Work included in this 
Contract. 

 

 B. Work Included: 

 

 1. The Contractor shall furnish all labor, superintendence, materials, plant, 
power, light, heat, fuel, water, tools, appliances, equipment, supplies, and 
means of construction necessary for proper performance and completion of 
the Work. Contractor shall obtain and pay for all required permits, and shall 
perform and complete the Work in the manner best calculated to promote 
rapid construction consistent with the safety of life and property to the 
satisfaction of the Owner, and in strict accordance with the Contract 
Documents. The Contractor shall clean up the Work and maintain it during 
and after construction, until accepted, and shall do all Work and pay all 
costs incidental thereto. 

 

 2. Omission of a specific item or component part of a system obviously 
necessary for the proper functioning of the system shall not relieve the 
Contractor of the responsibility of furnishing the item as part of the Work at 
no additional cost to the Owner 

 

 3. The Contractor shall provide and maintain such modern plant, tools, and 
equipment as may be necessary, in the opinion of the Owner, to perform in 
a satisfactory and acceptable manner all the Work required by this contract. 
Only equipment of established reputation and proven efficiency shall be 
used. The Contractor shall be solely responsible for the adequacy of its 
workmanship, materials, and equipment, prior approval of the Owner 
notwithstanding. 

 

 4. The Contractor shall restore all private property, damaged by construction 
as soon as practical. In addition, access to residences and businesses located 
adjacent to the Project site must be maintained at all times. 

 

 

1.02 SPECIFICATIONS 

 

 A. Intent: 


 

 1. Work not specified in the Specifications, but involved in carrying out the 
intent or in the complete and proper execution of the Work, is required and 
shall be performed by the Contractor as though it were specifically 
delineated or described. 

 

 2. The apparent silence of the Specifications as to any detail, or the apparent 
omission from them of a detailed description concerning any Work to be 
done and materials to be furnished, shall be regarded as meaning that only 
the best general practice is to prevail and that only material and 
workmanship of the best quality is to be used. The interpretation of these 
Specifications shall be made upon that basis. 

 

1.03 MATERIALS AND EQUIPMENT 

 

 A. Manufacturer: 

 

 1. The names of proposed manufacturers, material men, suppliers and dealers 
who are to furnish materials, fixtures, equipment, appliances or other 
fittings shall be submitted to the Engineer for approval, as early as possible, 
to afford proper investigation and checking. Such approval must be 
obtained before Shop Drawings will be checked. No manufacturer will be 
approved for any materials to be furnished under this Contract unless he 
shall be of good reputation and have a plant of ample capacity. He shall, 
upon the request of the Engineer, be required to submit evidence that he has 
manufactured a similar product to the one specified and that it has been 
previously used for a purpose for a minimum of 5 years to demonstrate its 
satisfactory performance. 

 

 2. All transactions with the manufacturers or subcontractors shall be through 
the Contractor, unless the Contractor shall request and at the Engineer's 
option, that the manufacturer or subcontractor deal directly with the 
Engineer. Any such transactions shall not in any way release the Contractor 
from his full responsibility under this Contract. 

 

 3. Any two or more pieces of material or equipment of the same kind, type or 
classification, and being used for identical types of service, shall be made by 
the same manufacturer. 

 

 B. Delivery: 

 

 1. The Contractor shall deliver materials in ample quantities to insure the most 
speedy and uninterrupted progress of the Work so as to complete the Work 
within the allotted time. 

 

 2. The Contractor shall also coordinate deliveries in order to avoid delay in, or 


impediment of, the progress of the work of any related Contractor. 

 

1.04 INSPECTION AND TESTING 

 

 A. General: 

 

 1. If, in the making of any test of any material or equipment, it is ascertained 
by the Engineer that the material or equipment does not comply with the 
Contract Documents, the Contractor will be notified thereof and he will be 
directed to refrain from delivering said material or equipment, or to remove 
it promptly from the site or from the Work and replace it with acceptable 
material, without cost to the Owner. 

 

 B. Costs: 

 

 1. Materials and equipment submitted by the Contractor as the equivalent to 
those specifically named in the Contract may be tested by the Owner for 
compliance. The Contractor shall reimburse the Owner for the expenditures 
incurred in making such tests of materials and equipment which are rejected 
for non-compliance. 

 

 C. Certificate of Manufacture: 

 

 1. When inspection is waived or when the Engineer so requires, the Contractor 
shall furnish to him authoritative evidence in the form of Certificate of 
Manufacture that the materials to be used in the Work have been 
manufactured and tested in conformity with the Contract Documents. 

 

 2. These certificates shall be notarized and shall include copies of the results of 
physical tests and chemical analyses, where necessary, that have been made 
directly on the product or on similar products of the manufacturer. 

 

1.05 TEMPORARY STRUCTURES 

 

 A. Temporary Fences: If, during the course of the Work, it is necessary to remove or 
disturb any fence or part thereof, the Contractor shall provide a suitable temporary 
fence at his own expense. 

 

 B. Responsibility for Temporary Structures: In accepting the Contract, the Contractor 
assumes full responsibility for the sufficiency and safety of all temporary structures 
or work and for any damage which may result from their failure or their improper 
construction, maintenance or operation and will indemnify and save harmless the 
Owner from all claims, suits or actions and damages or costs of every description 
arising by reason of failure to comply with the above provisions. 

 

1.06 TEMPORARY SERVICES 


 

 A. Accident Prevention: 

 

 1. Precautions shall be exercised at all times for the protection of person and 
property. The safety provisions of applicable law, building and construction 
codes shall be observed. 

 

 B. First Aid: The Contractor shall keep upon the site, at each location where Work is 
in progress, a completely equipped first aid kit and shall provide ready access 
thereto at all times when men are employed on the Work. 

 

1.07 ADJACENT STRUCTURES AND FENCES 

 

 A. Responsibility: 

 

 1. The Contractor shall also be entirely responsible and liable for all damage 
or injury as a result of his operations to all other adjacent public and private 
property, structures of any kind and appurtenances thereto met with during 
the progress of the Work. 

 

 2. The cost of protection, replacement in their original locations and conditions 
or payment of damages for injuries to such adjacent public and private 
property and structures affected by the Work, and the removal, relocation, 
and reconstruction of such items called for in the Specifications shall be 
included in the various Contract items and no separate payments will be 
made therefore. 

 

 3. Contractor is expressly advised that the protection of buildings, structures, 
tanks, pipelines, etc. and related work adjacent and in the vicinity of his 
operations, wherever they may be, is solely his responsibility. 

 

 4. Conditional inspection of building or structures in the immediate vicinity of 
the project which may reasonably be expected to be affected by the Work 
shall be performed by and be the responsibility of the Contractor. 

 

 B. Restoration of Fences: 

 

 1. Any fence, or part thereof, that is damaged or removed during the course of 
the Work shall be replaced or repaired by the Contractor and shall be left in 
as good a condition as before the starting of the Work. 

 

 2. The manner in which the fence is repaired or replaced and the materials 
used in such work shall be subject to the approval of the Owner. 

 

 3. The cost of all labor, materials, equipment, and work for the replacement or 
repair of any fence shall be deemed included in the appropriate Contract 


item or items, or if no specific items are provided therefore, as part of the 
overhead cost of the Work, and on additional payment will be made 
therefore. 

 

1.08 PROTECTION OF WORK AND PUBLIC 

 

 A. Barriers and Lights: 

 

 1. During the prosecution of the Work, the Contractor shall put up and 
maintain at all times such barriers and lights as will effectually prevent 
accidents. 

 

 2. The Contractor shall provide suitable barricades, red lights, "danger" or 
"caution" or "street closed" signs and watchmen at all places where the 
Work causes obstructions to the normal traffic or constitutes in any way a 
hazard to the public. 

 

 B. Noise: 

 

 1. The Contractor shall eliminate noise to as great an extent as practicable at 
all times. Air compressors shall be equipped with silencers and the exhaust 
of all gasoline motors or other power equipment shall be provided with 
mufflers. The Contractor shall construct sound barriers as necessary to 
eliminate noise. 

 

 2. The Contractor shall strictly observe all local regulations and ordinances 
covering noise control. 

 

 C. Access to Public Services: Neither the materials excavated nor the materials or 
equipment used in the construction of the Work shall be so placed as to prevent free 
access to all fire hydrants, valves, manholes, etc. 

 

 D. Dust Prevention: The Contractor shall prevent dust nuisance from his operations or 
from traffic by keeping the roads clean and/or construction areas sprinkled with 
water at all times. 

 

1.09 CLEANING 

 

 A. During Construction: 

 

 1. During construction of the Work, the Contractor shall, at all times, keep the 
site of the Work and adjacent premises as free from material, debris and 
rubbish as is practicable and shall remove the same from any portion of the 
site if, in the opinion of the Owner, such material, debris, or rubbish 
constitutes a nuisance or is objectionable. 

 


 2. The Contractor shall remove from the site all of his surplus materials and 
temporary structures when no further need therefore develops. Contractor 
shall be responsible and liable for all spillage and incur all associated costs 
including, but not limited to, cost related to repair and maintenance resulting 
from damages thereof. 

 

 B. Final Cleaning: 

 

 1. At the conclusion of the Work, all erection plant, tools, temporary structures 
and materials belonging to the Contractor shall be promptly taken away, and 
he shall remove and promptly dispose of all water, dirt, rubbish or any other 
foreign substances. 

 

 2. The Contractor shall thoroughly clean all equipment and materials installed 
by him and shall deliver such materials and equipment and undamaged in a 
bright, clean, polished, and new operation condition. 

 

1.10 MISCELLANEOUS 

 

 A. Use of Chemicals: All chemicals used during project construction or furnished for 
project operation, whether herbicide, pesticide, disinfection, polymer, reactant, or of 
other classification, must show approval of either EPA or USDA. Use of all such 
chemicals and disposal of residues shall be in strict conformance with instructions. 

 

 B. Cooperation With Other Contractors and Forces: 

 

 1. During progress of Work under this Contract, it may be necessary for other 
contractors and persons employed by the Owner to work in or about the 
project. 

 

 2. The Owner reserves the right to put such other contractors to work and to 
afford such access to the Site of the Work to be performed hereunder at 
such times as the Owner deems proper. 

 

 3. The Contractor shall not impede or interfere with the work of such other 
contractors engaged in or about the Work and shall so arrange and conduct 
his work that such other contractors may complete their work at the earliest 
date possible. 

 

 C. Construction shall be conducted and shall result in construction of the 
improvements of this project in full accordance with the condition of the Permits 
granted for the Project. 

 

 D. Public Nuisance: 

 

 1. The Contractor shall not create a public nuisance including but not limited 


to encroachment on adjacent lands, flooding of adjacent lands, or 
excessive noise or dust. The Contractor shall eliminate noise to as great an 
extent as practicable at all times. 

 

 E. Construction Hours: 

 

 1. No Work shall be done between the hours of 7:00 p.m. and 7:00 a.m., or 
on Saturdays, Sundays and legal holidays without written permission of the 
Owner. The Owner recognizes the following legal holidays: New Years 
Day, Martin Luther King Day, Memorial Day, July 4th, Labor Day, 
Thanksgiving Day and the Friday following Thanksgiving, Christmas Eve 
& Christmas Day. 

 

 F. Suspension of Work Due to Weather: 

 

 1. During inclement weather, all Work which might be damaged or rendered 
inferior by such weather conditions shall be suspended. During suspension 
of the Work from any cause, the Work shall be suitably covered and 
protected so as to preserve it from injury by the weather or otherwise. 

 

 

 

PART 2 - PRODUCTS (NOT USED) 

 

PART 3 - EXECUTION (NOT USED) 

 

 

 

 

 END OF SECTION 


 SECTION 01027 

 

 APPLICATIONS FOR PAYMENT 

 

PART 1 - GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: Submit Applications for Payment to the Engineer in accordance 
with schedule established in the Contract Documents. 

 

 B. Related Requirements Described Elsewhere: 

 

 1. Application for Payment and Lien Release Forms (Appendix C) 

 

1.02 FORMAT AND DATA REQUIRED 

 

 A. Submit applications and substantiating data typed on forms provided by the Owner 
(see Appendix C). 

 

 B. Provide itemized data on continuation sheets provided by Contractor in compliance 
with the Schedule of Values approved by the Engineer. 

 

1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT 

 

 A. Application Form: 

 

 1. Fill in required information, including that for Change Orders executed 
prior to date of submittal of application. 

 

 2. Fill in summary of dollar values to agree with respective totals indicated on 
continuation sheets. 

 

 3. Execute certification with signature of a responsible officer of Contractor. 

 

 B. Continuation Sheets: 

 

 1. Fill in list of all itemized components of Work in compliance with the 
approved Schedule of Values. 

 

 2. Fill in dollar value in each column for each scheduled line item when work 
has been performed. 

 

 3. List each Change Order executed prior to date of submission, at the end of 
the continuation sheets. List by Change Order number, and description, as 
for an original component item of Work. 


 

1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS 




 

 A. Submit updated progress schedules with each month’s application for payment. 

 

 B. Submit properly executed partial lien releases provided by Contractor, 
subcontractors and suppliers in compliance with the form provided in Appendix 
C. 

 

1.05 SUBSTANTIATING DATA FOR FINAL PAYMENT 




 

 A. Submit properly executed final lien releases provided by Contractor, 
subcontractors and suppliers in compliance with the form provided in Appendix 
C. 

 

 B. Submit fully executed Warranty Bond in compliance with the form provided in 
Appendix B. 

 

 C. Submit fully executed Consent of Surety to Final Payment in compliance with the 
form provided in Appendix C. 

 

 D. Submit record documents in compliance with the requirements specified in Section 
01720 (Project Record Documents). 

 

1.06 SUBMITTAL PROCEDURE 

 

 A. Confer with the Owner’s Representative regarding the requested quantities for all 
payment items in the Application for Payment. Obtain approval of the Owner’s 
Representative regarding the requested quantities prior to preparing the draft 
Application for Payment. 

 

 B. Submit draft Application for Payment and all required substantiating data 
(electronic version, PDF format) to the Engineer at the time stipulated in the 
Contract Documents. Review the draft application and substantiating data with the 
Engineer to resolve any conflicts or discrepancies. 

 

 C. Once the draft Application for Payment and substantiating data have been reviewed 
and approved by the Engineer, submit two (2) original hard copies of the 
application and substantiating data to the Engineer for Engineer’s certification and 
transmittal to the Owner. 

 

 D. When the Owner finds the application and substantiating data to be properly 
completed and correct, Owner will process the Application for Payment in 
conformance with stipulations provided in the Contract Documents. 

 

 


PART 2 - PRODUCTS (NOT USED) 

 

 

PART 3 - EXECUTION (NOT USED) 

 

 

 END OF SECTION 


 SECTION 01041 

 

 PROJECT COORDINATION 

 

PART 1 - GENERAL 

 

1.01 CONTRACTOR FORCES 

 

 A. The Contractor shall furnish personnel and equipment which will be efficient, 
appropriate and large enough to secure a satisfactory quality of Work and a rate of 
progress which will ensure the completion of the Work within the time stipulated in 
the Contract. 

 

1.02 PRIVATE LAND 

 

 A. The Contractor shall not enter or occupy private land outside the site, except by 
written permission of the appropriate owners. Contractor shall provide Owner a 
copy of such written permission. 

 

1.03 CARE AND PROTECTION OF PROPERTY 

 

 A. The Contractor shall be responsible for the preservation of all public and private 
property, and shall use every precaution necessary to prevent damage thereto. If any 
direct or indirect damage is done to public or private property by or on account of 
any act, omission, neglect, or misconduct in the execution of the Work on the part 
of the Contractor, such property shall be restored by the Contractor, at his expense, 
to a condition similar or equal to that existing before the damage was done, or he 
shall make good the damage in other manner acceptable to the Engineer. 

 

1.04 COOPERATION WITHIN THIS CONTRACT 

 

 A. All firms or persons authorized to perform any work under this Contract shall 
cooperate with the Contractor and his subcontractors or trades, and shall assist in 
incorporating the work of other trades where necessary or required. 

 

 B. Cutting and patching, filling and fitting shall be carried out where required by the 
trade or subcontractor having jurisdiction, unless otherwise indicated herein or 
directed by the Engineer. 

 

1.05 PROTECTION OF CONSTRUCTION AND EQUIPMENT 

 

 A. All newly constructed Work shall be carefully protected from injury in any way. No 
wheeling or walking or placing of heavy loads on it shall be allowed and all 
portions injured shall be reconstructed by the Contractor at his own expense. 

 

 B. If, in the final inspection of the Work, any defects, faults or omissions are found, 


the Contractor shall cause the same to be repaired or removed and replaced by 
proper materials and workmanship without extra compensation for the materials 
and labor required. Further, the Contractor shall be fully responsible for the 
satisfactory maintenance and repair of the construction and other Work undertaken 
herein, for at least the warranty period described in the Contract. 

 

PART 2 - PRODUCTS (NOT USED) 

 

PART 3 - EXECUTION (NOT USED) 

 

 

 END OF SECTION 


 

SECTION 01050 

 

FIELD ENGINEERING AND RECORD SURVEY 

 

PART 1 - GENERAL 

 

1.01 SECTION INCLUDES 

 

 A. Provide field engineering and surveying services for project as indicated on 
Drawings and specified in this Section. 

 

 B. Provide record survey prepared by a Florida Professional Land Surveyor. 

 

1.02 QUALIFICATIONS OF SURVEYOR 

 

 A. Florida Professional Land Surveyor. 

 

1.03 SURVEY REFERENCE POINTS 

 

 A. Establish all vertical and horizontal controls required for construction. 

 

 B. Locate and protect control points prior to starting site work, and preserve permanent 
reference points during construction. 

 

 1. Make no changes or relocations of such points without prior written notice 
to Engineer. 

 

 2. Report to Engineer when any reference point is lost or destroyed, or requires 
relocation because of necessary changes in grades or locations. 

 

 3. Require surveyor to replace control points which may be lost or destroyed. 
Establish replacements based on original survey control. 

 

1.04 PROJECT SURVEY REQUIREMENTS 

 

 A. Establish a minimum of two permanent bench marks on the project site, all 
referenced to data established by survey control points. Record locations, with 
horizontal and vertical data, on Project Record Documents. 

 

 B. The X, Y and (Z) location shall be based on the coordinate system Florida East 
Zone State Plane Coordinate Feet NAD 83. Acceptable position accuracy shall be 
sub-meter or better for compatibility with Global Positioning System (GPS) 
equipment. The vertical datum used shall be NAVD 88. 

 

 C. Establish lines and levels, locate and lay out, by instrument and similar appropriate 


means. 

 

 D. Verify layouts by same methods from time to time. 

 

 E. For segments of irrigation main to be installed via open cut, prior to construction, 
stake the centerline of the main at minimum 50’ intervals and at all changes in 
horizontal direction. Review the installed stakes with the Engineer and make any 
necessary adjustments to the planned irrigation main location as directed by the 
Engineer. 

 

1.05 RECORDS 

 

 A. Maintain a complete, accurate log of control and survey work as it progresses. 

 

 B. On completion of construction, prepare a certified survey showing the following 
information. All horizontal locations shall be provided in State Plane Coordinates 
and shall also be referenced to the construction station line, including offset 
dimensions. 

 

 1. Horizontal locations and vertical elevations of all valves and fittings. 

 

2. For irrigation main installed via open cut, provide horizontal locations and 
vertical elevations of the irrigation main at 100-ft intervals and at all 
changes in horizontal offset. 

3. Irrigation main that is directionally drilled shall be horizontally and 
vertically located every 20 feet along the bore. Provide this information by 
submitting boring logs and by drawing the as-built locations of the bored 
irrigation main on the record drawings based on the boring logs. 

 

1.06 SUBMITTALS 

 

A. Record Drawings are to be prepared by the Contractor, certified by the 
Contractor’s licensed surveyor, and delivered to the Engineer for review. The 
Engineer will review the drawings for completeness in accordance with the 
requirements of this section within seven (7) full working days. For preliminary 
review, submittal in ACAD and PDF format is sufficient and signed and sealed 
copies are not necessary. If the drawings are found to be incomplete or inaccurate, 
the drawings will be returned to the Contractor for correction. 
B. Final submittal of complete Record Drawings for each completed portion of the 
Project shall consist of three (3) sets signed and sealed by the Contractor’s 
licensed surveyor plus ACAD and PDF files of the Record Drawings delivered to 
the Engineer. 


 

PART 2 – PRODUCTS (NOT USED) 


 

PART 3 - EXECUTION (NOT USED) 

 

 

 END OF SECTION 


 SECTION 01065 

 

 PERMITS AND FEES 

 

PART 1 - GENERAL 

 

1.01 DESCRIPTION 

 

A. Contractor shall obtain and pay for all permits and licenses, including, but not 
limited to, the following: 


 

1. Florida Department of Environmental Protection – Notice of Intent to Use 
Generic Permit for Stormwater Discharge from Large and Small Construction 
Activities (see specification Section 01415). 
2. Water Management District - Dewatering Permit. 
3. Lake County Right-of-Way Utilization Permit (for CR 455 crossing). 
4. Lake County Tree Removal Permit. 


 

B. Contractor shall pay all permitting fees and construction inspection fees as imposed 
by regulatory agencies that have project jurisdiction. 


 

 

PART 2 - PRODUCTS (NOT USED) 

 

PART 3 - EXECUTION (NOT USED) 

 

 

 

 

 

 

 

 

 

 

 

 END OF SECTION 

 

 


SECTION 01200 

 

PROJECT MEETINGS 

 

PART 1 - GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: 

 

 1. The Engineer shall schedule and administer a pre-construction meeting, 
monthly progress meetings, and specifically called meetings throughout the 
progress of the Work. The Engineer shall: 

 

 a. Prepare agenda for meetings. 

 

 b. Make physical arrangements for meetings. 

 

 c. Preside at meetings. 

 

 d. Prepare written summary of meeting discussions. 

 

 2. Representatives of Contractor, subcontractors and suppliers attending 
meetings shall be qualified and authorized to act on behalf of the entity each 
represents. 

 

 3. The Contractor shall attend meetings to ascertain that work is expedited 
consistent with the Contract Documents and construction schedules. 

 

 B. Related Requirements Described Elsewhere: 

 

 1. Construction Schedules: Section 01310. 

 

 2. Shop Drawings, Working Drawings, and Samples: Section 01340. 

 

 3. Project Record Documents: Section 01720. 

 

1.02 PRE-CONSTRUCTION MEETING 

 

 A. Schedule a pre-construction meeting no later than twenty (20) days after date of 
Notice to Proceed. 

 

 B. Location: a local site, convenient for all parties, designated by the Engineer. 

 

 C. Attendance: 

 


 1. Owner 

 

 2. Engineer 

 

 3. Owner’s Representative 

 

 4. Contractor and his superintendent. 

 

 5. Others as requested by the Contractor, Owner and Engineer. 

 

 D. The purpose of the pre-construction meeting is to designate responsible personnel 
and establish a working relationship. Matters requiring coordination will be 
discussed and procedures for handling such matters established. The suggested 
agenda should include: 

 

 1. Distribution and discussion of: 

 

 a. List of major subcontractors and suppliers. 

 

 b. Project schedules. 

 

 2. Critical work sequencing: relationships and coordination with other 
contracts and/or work. 

 

 3. Major equipment deliveries and priorities. 

 

 4. Project coordination: designation and responsible personnel. 

 

 5. Procedures and processing of the following items (as applicable for the 
particular project): 

 

 a. Field decisions. 

 

 b. Proposal requests. 

 

 c. Request for information. 

 

 d. Submittals. 

 

 e. Change orders. 

 

 f. Applications for payment. 

 

 6. Submittal of Shop Drawings, project data and samples. 

 

 7. Adequacy of distribution of Contract Documents. 


 

 8. Procedures for maintaining Record Documents. 

 

 9. Use of premises: 

 

 a. Office, work and storage areas. 

 

 b. Owner's requirements. 

 

 c. Access staging areas. 

 

 10. Construction facilities, controls and construction aids. 

 

 11. Temporary utilities. 

 

 12. Safety and first aid procedures. 

 

 13. Check of required bond and insurance certifications. 

 

 14. Completion time for contract and liquidated damages. 

 

 15. Request for extension of contract time. 

 

 16. Progress meetings. 

 

 17. Security procedures. 

 

 18. Procedures for making partial payments. 

 

 19. Guarantees on completed work. 

 

 20. Equipment to be used. 

 

 21. Staking of work. 

 

 22. Project inspection. 

 

 23. Labor requirements. 

 

 24. Laboratory testing of material requirements. 

 

 25. Provisions for material stored on site. 

 

 26. Requirements of other organizations. 

 

 27. Rights-of-way and easements. 


 

 28. Housekeeping procedures. 

 

 29. Liquidated damages. 

 

 30. Posting of signs. 

 

 31. Pay request submittal dates. 

 

 32. Equal opportunity requirements. 

 

1.03 PROGRESS MEETINGS 

 

 A. The Engineer shall schedule and conduct regular periodic meetings. The progress 
meetings will be held every thirty (30) days or at other times as required by the 
progress of the Work. The first meeting shall be held within thirty (30) days after 
the pre-construction meeting or thirty (30) days or less after the date of Notice to 
Proceed. 

 

 B. Hold called meetings as required by progress of the Work. 

 

 C. Location of the meetings: a local site, convenient for all parties, designated by the 
Engineer. 

 

 D. Attendance: 

 

 1. Owner 

 

 2. Engineer 

 

 3. Contractor. 

 

 4. Owner's Representative 

 

 5. Subcontractors (active on the site). 

 

 6. Others as appropriate to the agenda (suppliers, manufacturers, other 
subcontractors, etc.). 

 

 E. The Engineer shall preside at the meetings and provide a written summary of the 
meeting discussions. The purpose of the meetings will be to review the progress of 
the Work. The agenda will include, but may not be limited to, the following: 

 

 1. Review of work progress since previous meeting and upcoming Work 
activities. 

 


 2. Field observations, problems, conflicts. 

 

 3. Problems which impede construction schedule. 

 

 4. Review of off-site fabrication, delivery schedules. 

 

 5. Corrective measures and procedures to regain projected schedule. 

 

 6. Status of approved construction schedule. 

 

 7. Progress schedule during succeeding work period. 

 

 8. Coordination of schedules. 

 

 9. Review status of submittals, expedite as required. 

 

 10. Maintenance of quality standards. 

 

 11. Pending changes and substitutions. 

 

 12. Review proposed changes for: 

 

 a. Effect on construction schedule and completion date. 

 

 b. Effect on other contracts of the Project. 

 

 13. Construction schedule. 

 

 14. Critical/long lead items. 

 

 15. Other business. 

 

 F. The Contractor is to attend progress meetings and is to study previous meeting 
summaries and current agenda items, and shall be prepared to discuss pertinent 
topics and provide specific information including, but not limited to: 

 

 1. Status of all submittals and what specifically is being done to expedite them. 

 

 2. Status of all activities behind schedule and what specifically will be done to 
regain the schedule. 

 

 3. Status of all material deliveries, latest contact with manufacturer and 
specific actions taken to expedite materials. 

 

 4. Status of open deficiencies and what is being done to correct the same. 

 


 G. The Contractor is to provide a current submittal log at each progress meeting in 
accordance with Section 01340: Shop Drawings, Working Drawings and Samples. 

 

 

PART 2 - PRODUCTS (NOT USED) 

 

 

PART 3 - EXECUTION (NOT USED) 

 

 

 

 

 

 

END OF SECTION 


 SECTION 01310 

 

 CONSTRUCTION SCHEDULES 

 

PART 1 - GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: 

 

 1. Within ten (10) days after the date of the Notice of Award, the Contractor 
shall prepare and submit to the Owner a projected construction progress 
schedule demonstrating complete fulfillment of all requirements for 
planning, coordinating and performing the Work under this Contract 
(including all activities of Subcontractors and Suppliers). 

 

 2. Submit revised progress schedules on a monthly basis. No progress 
payments shall be approved until there is an approved construction progress 
schedule on hand. 

 

 B. Related Requirements Described Elsewhere: 

 

 1. Conditions of the Contract. 

 

 2. Shop Drawings, Working Drawings, and Samples. 

 

1.02 FORM OF SCHEDULES 

 

 A. Prepare schedules in the form of a horizontal bar chart. 

 

 1. Provide separate horizontal bar for each trade or operation within each 
structure or item. 

 

 2. Horizontal time scale: 

 

 a. Show starting and completion dates for each activity in terms of the 
number of days after Notice to Proceed. All completion dates shown 
shall be within the period specified for Contract completion. 

 

 b. Identify the first work day of each month. 

 

 3. Scale and Spacing: To allow space for notations and future revisions. 

 

 4. Maximum Sheet Size: 11 inches x 17 inches 

 

 B. Format of Listing: The chronological order of the start of each item of Work. 


 

 C. Identification of Listings: By major specification section numbers as applicable. 

 

1.03 CONTENT OF SCHEDULES 

 

 A. Construction Progress Schedule: 

 

 1. Show the complete sequence of construction by activity. 

 

 2. Show the dates for the beginning of, and completion of, each major element 
of construction in no more than a one-week increment scale. 

 

 B. Submittals Schedule for Shop Drawings in Accordance with Contract Documents: 

 

 1. The dates for Contractor's submittals. 

 

 C. A typewritten list of all long lead items (equipment, materials, etc.). 

 

 D. To the extent that the progress schedule or any revised progress schedule shows 
anything not jointly agreed upon or fails to show anything jointly agreed upon, it 
shall not be deemed to have been approved by the Engineer. Failure to include any 
element of Work required for the performance of the Contract shall not excuse the 
Contractor from completing all Work required within any applicable completion 
date, notwithstanding the Engineer's approval of the progress schedule. 

 

1.04 SUBMISSIONS 

 

 A. Submit initial schedule to the Engineer within ten (10) days after Notice of Award. 

 

 1. The Engineer will review schedules and return review copy within ten (10) 
days after receipt. 

 

 2. If required, resubmit within seven (7) days after return of review copy. 

 

 B. Upon approval of the initial schedule, add calendar dates to the bar chart 
corresponding to day from Notice to Proceed. 

 

 C. Submit updated progress schedules with that month's application for payment. 

 

PART 2 - PRODUCTS (NOT USED) 

 

PART 3 - EXECUTION (NOT USED) 

 

 

 END OF SECTION 


SECTION 01315 

PRECONSTRUCTION VIDEO 

 

PART 1 - GENERAL 

 

1.1 Description 




 

A. Provide continuous color audio-DVD recording within the proposed Construction 
Area to serve as a record of pre-construction conditions. 






 

B. Supplement audio video recording with digital color photographs for areas which 
require details not ascertainable on the DVD. 






 

1.2 Definitions 

 

Construction Area: All areas used for construction of the proposed improvements, 
temporary construction, stockpile areas, staging and storage areas, and entry and exit points 
used by equipment, delivery vehicles, service vehicles, and other vehicles used for 
transport of labor, equipment, and materials to the job site. 

 

1.3 Qualifications 

 

The preconstruction audio-video recording shall be of professional quality that will clearly 
log an accurate visual description of existing conditions within the proposed Construction 
Area. Any portion of the digital recording that is determined by the Owner or Engineer to 
be unacceptable in the documentation of the existing conditions shall be re-filmed at no 
additional cost to the Owner. 

 

PART 2 - PRODUCTS 

 

2.1 General 




 

The total video recording system and the procedures employed in its use shall be such as 
to produce a finished product that will fulfill the technical requirements of the Project. The 
digital portion of the recording shall produce bright, sharp, clear pictures with accurate 
colors and shall be free from distortion, tearing, rolls or any other form of picture 
imperfection. The audio portion of the recording shall produce the commentary of the 
camera operator with proper volume, clarity, and shall be free from distortion. The 
recording system shall utilize EIA standard video and RGB compatible video. 

 

2.2 Camera 


 

The camera used in the recording system shall be capable of recording in true color and on 
standard format DVD. 

 

2.3 Recorder 

 

The recording shall be made with a DVD-based DVR. The recorder shall record the color 
signal with a minimum horizontal resolution of 240, 4:3 lines, aspect ratio, MPEG-2 video, 
stored at a resolution of 720 x 480 (NTSC). Audio shall be recorded using Dolby Digital 
(AC-3) minimum. 

 

2.4 Video Disk 

 

The video disk used for the recordings shall be high resolution, extended still frame 
capable. The video disk shall be new and thus shall not have been used for any previous 
recording. 

 

2.5 Video Playback Compatibility 

 

The recorded DVD shall be compatible for playback with any TV Standard DVD player. 

 

PART 3 - EXECUTION 

 

3.1 General 




 

A. The recordings shall contain coverage of all surface features within the proposed 
Construction Area. 
B. The surface features documented in the recordings shall include, but not be limited 
to, swales, ponds, culverts, utilities, poles, trees, landscaping, parking areas, 
roadways and fences. 
C. The recordings shall also document the existence or nonexistence of any faults, 
fractures, or defects, and existing man made material such as debris, construction 
stockpiles, trash, and fuel containers. 
D. Each video recording of each DVD shall include a simultaneously recorded audio 
recording. This audio recording, exclusively containing the commentary of the 
camera operator, shall assist in viewer orientation and in any needed identification, 
differentiation, clarification, or objective description of the feature being shown in 
the video portion of the recording. The audio recording also shall be free from any 
conversations between the camera operator and any other production technicians. 






 

E. All DVDs shall be permanently labeled and shall be properly identified by video 







number, Project title, and date(s) of the recording. 






 

F. Each video shall have a log of that video’s contents. The log shall describe the 
various segments of coverage contained on that video in terms of the names of 
streets or easements, coverage beginning and end, directions of coverage, and video 
unit counter numbers. 






 

3.2 Recording Schedule 

 

A. The recording shall be performed prior to the placement of any construction 
materials or equipment within the proposed Construction Area. 






 

B. The Contractor shall coordinate the video recording with the construction schedule 
so that those portions of the construction that will be completed first will be 
recorded first. 






 

C. The Contractor shall deliver the video recordings to the Owner upon their 
completion. Upon delivery of the DVD’s, transfer of ownership of those DVD’s 
shall be made to the Owner. 






 

3.3 Visibility 

 

All recordings shall be performed during times of good visibility. No recording shall be 
done during periods of significant precipitation, mist, or fog. The recording shall only be 
done when sufficient sunlight is present to properly illuminate the subject, and to produce 
bright, sharp video recordings of those subjects. No recording shall be performed when 
more than 10% of the area to be recorded contains debris or obstructions unless otherwise 
authorized by the Engineer. 

 

3.4 Continuity of Coverage 

 

A. In order to increase the continuity of the coverage, the coverage shall consist of a 
single, continuous, unedited recording which begins at one end of a particular 
construction area. However, where coverage is required in areas not accessible by 
conventional wheeled vehicles and smooth transport of the recording system is not 
possible, it will be necessary for the camera operator to access such areas on foot. 






 

B. The average rate of travel during a particular segment of coverage (e.g., coverage 
of one side of the street) shall be directly proportional to the number, size, and value 
of the surface features within that construction area's zone of influence. 






 

3.5 Camera Height and Stability 

 


When conventional wheeled vehicles are used as conveyances for the recording system, 
the distance between the camera lens and the ground shall not be more than 10 feet. The 
camera shall be firmly mounted, such that transport of the camera during the recording 
process will not cause any unsteady picture. 

 

3.6 Camera Control 

 

Camera pan, tilt, zoom-in, and zoom-out rates shall be sufficiently controlled such that 
recorded objects will be clearly viewed during video playback. In addition, all other camera 
and recording system controls, such as lens, focus, and aperture, video level, pedestal, 
chroma, white balance, and electrical focus, shall be properly controlled or adjusted to 
maximize recorded picture quality. 

 

3.7 Viewer Orientation Techniques 

 

The audio and video portions of the recording shall maintain viewer orientation. To this 
end, overall establishing views and visual displays of all visible house and building 
addresses shall be utilized. In easements where the proposed construction location will not 
be readily apparent in the recorded video, highly visible yellow flags shall be placed in 
such a fashion as to clearly indicate the proposed centerline of construction. 

 

3.8 Areas to be Video Recorded 

 

A. The Contractor shall give the Owner sufficient prior notice of such entry so that 
property owners may be advised of, and their permission obtained for, the Work. 






 

B. All video recording shall be done during regular business hours, unless otherwise 
specified by the Owner. The Contractor shall enter and leave private property in a 
professional and orderly, workmanlike manner. 






 

 

END OF SECTION 


 SECTION 01340 

 

 SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES 

 

 

1.00 GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: 

 

 1. The Contractor shall submit to the Engineer for review and approval, 
such working drawings, shop drawings, test reports and data on 
materials and equipment (hereinafter in this article called data), and 
material samples (hereinafter in this article called samples) as are 
required for the proper control of Work, including, but not limited to, 
those working drawings, shop drawings, data and samples for 
materials and equipment specified elsewhere in the Specifications. 

 

 2. Within ten (10) days after date of Notice to Proceed, the Contractor 
shall submit to the Engineer a complete list of preliminary data on 
items for which Shop Drawings are to be submitted. Included in this 
list shall be the names of all proposed manufacturers furnishing 
specified items. Review of this list by the Engineer shall in no way 
expressed or implied relieve the Contractor from submitting 
complete Shop Drawings and providing materials, equipment, etc., 
fully in accordance with the Specifications. This procedure is 
required in order to expedite final review of Shop Drawings. 

 

 3. The Contractor shall maintain an accurate updated submittal log and 
shall bring this log to each scheduled progress meeting with the 
Owner and the Engineer. This log should include the following 
items: 

 

 a. Submittal-description and number assigned. 

 

 b. Date to Engineer. 

 

 c. Date returned to Contractor (from Engineer). 

 

 d. Status of submittal (Approved, Approved as Noted, Revise 
and Resubmit, Not Approved). 

 

 e. Date of resubmittal and return (as applicable). 

 

 f. Date material release (for fabrication). 


 

 g. Projected date of fabrication. 

 

 h. Projected date of delivery to site. 

 

 i. Specification section. 

 

1.02 CONTRACTOR'S RESPONSIBILITY 

 

 A. It is the duty of the Contractor to check all drawings, data and samples 
prepared by or for him before submitting them to the Engineer for review. 
Each and every copy of the drawings and data shall bear Contractor's stamp 
showing that they have been so checked. Shop drawings submitted to the 
Engineer without the Contractor's stamp will be returned to the Contractor 
for conformance with this requirement. Shop drawings shall indicate any 
deviations in the submittal from requirements of the Contract Documents. If 
the Contractor takes exception to the Specifications, the Contractor shall note 
the exception in the letter or transmittal to the Engineer. 

 

 B. Determine and verify: 

 

 1. Field measurements. 

 

 2. Field construction criteria. 

 

 3. Catalog numbers and similar data. 

 

 4. Conformance with Specifications. 

 

 C. The Contractor shall furnish the Engineer a schedule of Shop Drawing 
submittals fixing the respective dates for the submission of shop and 
working drawings, the beginning of manufacture, testing and installation of 
materials, supplies and equipment. This schedule shall indicate those that are 
critical to the progress schedule. 

 

 D. The Contractor shall not begin any of the work covered by a drawing, data, 
or a sample returned for correction until a revision or correction thereof has 
been reviewed and returned to him, by the Engineer, with approval. 

 

 E. The Contractor shall submit to the Engineer all drawings and schedules 
sufficiently in advance of construction requirements to provide no less than 
thirty (30) calendar days for checking and appropriate action from the time 
the Engineer receives them. 

 

 F. All submittals shall be accompanied with a transmittal letter containing the 
following information: 


 

 1. Date. 

 

 2. Project title and number. 

 

 3. Contractor's name and address. 

 

 4. The number of each shop drawing, project data, and sample 
submitted. 

 

 5. Notification of deviations from Contract Documents. 

 

 G. The Contractor shall submit one (1) electronic copy of each submittal (PDF 
format) to the Engineer. The Engineer will return one (1) annotated copy of 
each submittal (PDF format) to the Contractor. 

 

 H. The Contractor shall be responsible for and bear all costs of damages which 
may result from the ordering of any materials or from proceeding with any 
part of Work prior to the completion of the review by Engineer of the 
necessary Shop Drawings. 

 

1.03 ENGINEER'S REVIEW OF SHOP DRAWINGS 

 

 A. The Engineer's review of drawings, data and samples submitted by the 
Contractor will cover only general conformity to the Specifications, external 
connections, and dimensions which affect the installation. The Engineer's 
review and exceptions, if any, will not constitute an approval of dimensions, 
quantities, and details of material, equipment, device, or item shown. 

 

 B. The review of drawings and schedules will be general, and shall not be 
construed: 

 

 1. as permitting any departure from the Contract requirements; 

 

 2. as relieving the Contractor of responsibility for any errors, including 
details, dimensions, and materials. 

 

 3. as approving departures from Specifications furnished by the 
Engineer, except as otherwise provided herein. 

 

 C. If the drawings or schedules as submitted describe variations per paragraph 
1.02 A, and show a departure from the Contract requirements which 
Engineer finds to be in the interest of the Owner and to be so minor as not to 
involve a change in Contract Price or time for performance, the Engineer 
may return the reviewed drawings without noting an exception. 

 


 D. When reviewed by the Engineer, each of the Shop Drawings will be 
identified as having received such review being so stamped and dated. Shop 
Drawings stamped "REVISE AND RESUBMIT" and with required 
corrections shown will be returned to the Contractor for correction and 
resubmittal. 

 

 E. Resubmittals will be handled in the same manner as first submittals. On 
resubmittals the Contractor shall direct specific attention, in writing or on 
resubmitted Shop Drawings, to revisions other than the corrections required 
by the Engineer on previous submissions. The Contractor shall make any 
corrections required by the Engineer. 

 

 F. If the Contractor considers any correction indicated on the drawings to 
constitute a change to the Specifications, the Contractor shall give written 
notice thereof to the Engineer. 

 

 G. Shop drawings and submittal data shall be reviewed by the Engineer for each 
original submittal and first and second resubmittal; thereafter review time for 
subsequent resubmittals shall be charged to the Contractor in accordance 
with the terms of the Engineer's Agreement with the Owner. 

 

 H. When the Shop Drawings have been completed to the satisfaction of the 
Engineer, the Contractor shall carry out the construction in accordance 
therewith and shall make no further changes therein except upon written 
instruction from the Engineer. 

 

 I. No partial submittals will be reviewed. Submittals not complete will be 
returned to the Contractor for resubmittal. 

 

1.04 SHOP DRAWINGS 

 

 A. When used in the Contract Documents, the term "Shop Drawings" shall be 
considered to mean Contractor's plans for materials and equipment which 
become an integral part of the Project. These drawings shall be complete and 
detailed. Shop Drawings shall consist of fabrication, erection and setting 
drawings and schedule drawings, manufacturer's scale drawings, and wiring 
and control diagrams. Cuts, catalogs, pamphlets, descriptive literature, and 
performance and test data, shall be considered only as supportive to required 
Shop Drawings as defined above. As used herein, the term "manufactured" 
applies to standard units usually mass-produced; and "fabricated" means 
items specifically assembled or made out of selected materials to meet 
individual design requirements. 

 

 B. Manufacturer's catalog sheets, brochures, diagrams, illustrations and other 
standard descriptive data shall be clearly marked to identify pertinent 
materials, product or models. Delete information which is not applicable to 


the Work by striking or cross-hatching. 

 

 C. Drawings and schedules shall be checked and coordinated with the work of 
all trades involved, before they are submitted for review by the Engineer and 
shall bear the Contractor's stamp of approval as evidence of such checking 
and coordination. Drawings or schedules submitted without this stamp of 
approval shall be returned to the Contractor for resubmission. 

 

 D. Each Shop Drawing shall have a blank area 3-1/2 inches by 3-1/2 inches, 
located adjacent to the title block. The title block shall display the following: 

 

 1. Project title and number. 

 

 2. Name of project building or structure. 

 

 3. Number and title of the shop drawing. 

 

 4. Date of shop drawing or revision. 

 

 5. Name of contractor and subcontractor submitting drawing. 

 

 6. Supplier/manufacturer. 

 

 7. Separate detailer when pertinent. 

 

 8. Specification title and number. 

 

 9. Specification section. 

 

 

 E. If drawings show variations from Contract requirements because of standard 
shop practice or for other reasons, the Contractor shall describe such 
variations in his letter of transmittal. If acceptable, proper adjustment in the 
Contract shall be implemented where appropriate. If the Contractor fails to 
describe such variations, he shall not be relieved of the responsibility for 
executing the work in accordance with the Contract, even though such 
drawings have been reviewed. 

 

 F. Data on materials and equipment include, without limitation, materials and 
equipment list, catalog data sheets, cuts, performance curves, diagrams, 
materials of construction and similar descriptive material. Materials and 
equipment list shall give, for each item thereon, the name and location of the 
supplier or manufacturer, trade name, catalog reference, size, finish and all 
other pertinent data. 

 

 G. For all mechanical and electrical equipment furnished, the Contractor shall 


provide a list including the equipment name, and address and telephone 
number of the manufacturer's representative and service company so that 
service and/or spare parts can be readily obtained. 

 

 H. Only the Engineer will utilize the color "red" in marking Shop Drawing 
submittals. 

 

1.05 WORKING DRAWINGS 

 

 A. When used in the Contract Documents, the term "working drawings" shall 
be considered to mean the Contractor's plan for temporary structures such as 
temporary bulkheads, support of open cut excavation, support of utilities, 
ground water control systems, forming and falsework; for underpinning; and 
for such other work as may be required for construction but does not become 
an integral part of the Project. 

 

 B. Copies of working drawings as noted in paragraph 1.05 A. above, shall be 
submitted to the Engineer where required by the Contract Documents or 
requested by the Engineer, and shall be submitted at least thirty (30) calendar 
days (unless otherwise specified by the Engineer) in advance of their being 
required for work. 

 

 C. Working drawings shall be signed by a registered Professional Engineer, 
currently licensed to practice in the State of Florida and shall convey, or be 
accompanied by, calculations or other sufficient information to completely 
explain the structure, machine, or system described and its intended manner 
of use. Prior to commencing such work, working drawings must have been 
reviewed without specific exceptions by the Engineer, which review will be 
for general conformance and will not relieve the Contractor in any way from 
his responsibility with regard to the fulfillment of the terms of the Contract. 
All risks of error are assumed by the Contractor; the Owner and Engineer 
shall have no responsibility therefore. 

 

1.06 SAMPLES 

 

 A. The Contractor shall furnish, for the approval of the Engineer, samples 
required by the Contract Documents or requested by the Engineer. Samples 
shall be delivered to the Engineer as specified or directed. The Contractor 
shall prepay all shipping charges on samples. Materials or equipment for 
which samples are required shall not be used in work until approved by the 
Engineer. 

 

 B. Samples shall be sufficient size and quantity to clearly illustrate: 

 

 1. Functional characteristics of the product, with integrally related parts 
and attachment devises. 


 

 2. Full range of color, texture and pattern. 

 

 3. A minimum of two samples of each item shall be submitted. 

 

 C. Each sample shall have a label indicating: 

 

 1. Name of project. 

 

 2. Name of contractor and subcontractor. 

 

 3. Material or equipment represented. 

 

 4. Place of origin. 

 

 5. Name of producer and brand (if any). 

 

 6. Location on project. 

 

 (Samples of finished materials shall have additional marking that will 
identify them under the finished schedules). 

 

 D. The Contractor shall prepare a transmittal letter for each shipment of samples 
containing the information required in paragraph 1.06 C. above. He shall 
enclose a copy of this letter with the shipment and send a copy of this letter 
to the Engineer. Approval of samples shall be only for the characteristics or 
use named in such approval and shall not be construed to change or modify 
any Contract requirements. 

 

 E. Approved samples not destroyed in testing shall be sent to the Engineer or 
stored at the site of the work. Approved samples of the hardware in good 
condition will be marked for identification and may be used in the work. 
Materials and equipment incorporated in work shall match the approved 
samples. Samples which failed testing or were not approved will be returned 
to the Contractor at his expense, if so requested at time of submission. 

 

 

2.00 PRODUCTS (NOT USED) 

 

 

3.00 EXECUTION (NOT USED) 

 

 

 END OF SECTION 


SECTION 01370 

 

SCHEDULE OF VALUES 

 

PART 1 - GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: 

 

 1. Submit to the Engineer a Schedule of Values allocated to the various 
portions of the Work, within ten (10) days after date of Notice to Proceed. 

 

 2. Upon request of the Engineer, support the values with data which will 
substantiate their correctness. The data shall include, but not be limited to, 
quantity of materials, all sub-elements of the activity and their units of 
measure. 

 

 3. The Schedule of Values shall establish the actual value for each activity of 
the Work and shall be used as the basis for the Contractor's Applications for 
Payment. 

 

 B. Related Requirements Described Elsewhere: 

 

 1. Conditions of the Construction Contract. 

 

1.02 FORM AND CONTENT OF SCHEDULE OF VALUES 

 

 A. Type schedule on an 8-1/2 inch x 11 inch or 8-1/2 inch by 14 inch white paper. 
Contractor's standard forms and computer printout will be considered for approval 
by the Engineer upon Contractor's request. Identify schedule with: 

 

 1. Title of project and location. 

 

 2. Engineer and project number. 

 

 3. Name and address of Contractor. 

 

 4. Contract designation. 

 

 5. Date of submission. 

 

 B. Schedule shall itemize the installed value of the component parts of the Work in 
sufficient detail to serve as a basis for computing progress payments during 
construction. 

 


 C. For the various portions of the Work: 

 

 1. Each item shall include a directly proportional amount of the Contractor's 
overhead and profit. 

 

1.03 REVIEW AND RESUBMITTAL 

 

 A. After review by Engineer, revise and resubmit Schedule of Values as required. 

 

 B. Resubmit revised Schedules in same manner. 

 

PART 2 - PRODUCTS (NOT USED) 

 

PART 3 - EXECUTION (NOT USED) 

 

END OF SECTION 


SECTION 01380 

 

CONSTRUCTION PHOTOGRAPHS 

 

PART 1 GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: The Contractor shall take construction record photographs monthly 
during the course of the Work. 

 

 B. Related Requirements Described Elsewhere: 

 

 1. Project Record Documents: Section 01720. 

 

1.02 PHOTOGRAPHY REQUIRED 

 

 A. Photographs taken in conformance with this Section shall be furnished to the 
Engineer with each Application for Payment. 

 

 B. Photographs shall be taken monthly and shall cover all work in progress. Views 
taken shall be as required to accurately show all work in progress as claimed by the 
Contractor in the Application for Payment. Upon completion of the project, 
photographs of all completed work shall be taken. 

 

 C. Quantities Required: 

 

 1. Provide one (1) digital photograph of each view. 

 

1.03 COSTS OF PHOTOGRAPHY 

 

 A. The Contractor shall pay costs for specified photography. 

 

PART 2 PRODUCTS 

 

NOT USED 

 

PART 3 EXECUTION 

 

3.01 TECHNIQUE 

 

 A. Factual Presentation. 

 

 B. Correct exposure and focus. 

 


 1. High resolution and sharpness. 

 

 2. Maximum depth-of-field. 

 

 3. Minimum distortion. 

 

3.02 VIEWS REQUIRED 

 

 A. Photograph from locations to adequately illustrate condition of construction and 
state of progress. 

 

 1. At successive periods of photography, take at least one (1) photograph from 
the same overall view as previously. 

 

 2. Consult with the Engineer at each period of photography for instructions 
concerning views required. 

 

3.03 DELIVERY OF PHOTOGRAPHS 

 

 A. Transmit digital photographs to the Engineer to accompany each Application for 
Payment. 

 

END OF SECTION 


SECTION 01410 

 

TESTING LABORATORY SERVICES 

 

 

PART 1 - GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: 

 

 1. An Independent Testing Laboratory shall be employed by the 
Contractor (at Contractor’s cost) to perform laboratory testing 
specifically indicated on the Contract Documents or specified in the 
Specifications. 

 

 2. Contractor shall cooperate with the laboratory to facilitate the 
execution of its required services. 

 

 B. Testing laboratory inspection, sampling and testing is required for, but not 
limited to, the following: 

 

 1. Materials testing. 

 2. Soil compaction testing. 

 3. Concrete testing. 

 

 

1.02 LABORATORY DUTIES: LIMITATIONS OF AUTHORITY 

 

 A. Cooperate with Owner, Engineer and Contractor; provide qualified 
personnel promptly on notice. 

 

 B. Perform specified inspections, sampling and testing of materials and 
methods of construction: 

 

 1. Comply with specific standards; ASTM, other recognized 
authorities, and as specified. 

 

 2. Determine and report on compliance with requirements of Contract 
Documents. 

 

 C. Promptly notify Owner, Engineer and Contractor of material or operations 
which do not meet the specifications. 

 

 D. Promptly submit three (3) copies of reports of inspections and tests to Owner 


and Engineer, including: 

 

 1. Date issued. 

 2. Project title. 

 3. Testing laboratory name and address. 

 4. Name and signature of inspector. 

 5. Date of inspection or sampling. 

 6. Record of temperature and weather. 

 7. Date of test. 

 8. Identification of product and specification section. 

 9. Location in project. 

 10. Type of inspection or test. 

 11. Compliance with Contract Documents or not. 

 

 E. Perform additional services as required to comply with project requirements. 

 

 F. Laboratory is not authorized to: 

 

 1. Release, revoke, alter, or enlarge on requirements of Contract 
Documents. 

 

 2. Approve or reject any portion of work. 

 

 3. Perform any duties of the Contractor. 

 

 

1.03 CONTRACTOR'S RESPONSIBILITIES 

 

 A. Cooperate with laboratory personnel, provide access to Work and 
manufacturer's operations. 

 

 B. Secure and deliver to the laboratory adequate representational samples of 
materials proposed to be used and which require testing. 

 

 C. Provide to the laboratory the preliminary design mix proposed to be used for 
concrete, and other materials mixes which require control by the testing 
laboratory. 

 

 D. Materials and equipment used in the performance of work under this 
Contract are subject to inspection and testing at the point of manufacturer or 
fabrication. Standard specifications for quality and workmanship are 
indicated in the Contract Documents. The Engineer may require the 
Contractor to provide statements or certificates from the manufacturers and 
fabricators that the materials and equipment provided by them are 
manufactured or fabricated in full accordance with the standard 


specifications for quality and workmanship indicated in the Contract 
Documents. All costs of this testing and providing statements and certificates 
shall be a subsidiary obligation of the Contractor, and no extra charge to the 
Owner shall be allowed on account of such testing and certification. 

 

 E. Furnish incidental labor and facilities: 

 

 1. To provide access to Work to be tested. 

 

 2. To obtain and handle samples at the Project site or at the source of 
the product to be tested. 

 

 3. To facilitate inspections and tests. 

 

 4. For storage and curing of test samples. 

 

 F. Notify laboratory sufficiently in advance of operations to allow for 
laboratory assignment of personnel and scheduling of tests. 

 

 G. The Contractor shall be responsible for all re-testing costs after the initial 
tests have documented non-compliance with specified standards. 

 

 

PART 2 - PRODUCTS (NOT USED) 

 

PART 3 - EXECUTION (NOT USED) 

 

 

 END OF SECTION 


SECTION 01415 

 

STORMWATER POLLUTION PREVENTION / NPDES 
REQUIREMENTS 

 

 

PART 1 - GENERAL 

 

1.01 Section Includes 




 

Stormwater Pollution Prevention Plan requirements and recommendations under the 
NPDES program for construction projects located in Florida. 

 

1.02 Purpose 

 

The purpose of this section is to outline minimum requirements for stormwater 
pollution prevention as required under the NPDES program. There may be more 
stringent local government or Owner requirements for Erosion and Sediment Control, 
which would be located in the Specifications or on the Drawings. The more stringent 
requirement governs. 

 

1.03 Related Sections 

 

A. Section 01065 – Permits and Fees 






 

B. Section 01568 - Erosion and Sedimentation Control 






 

1.04 Abbreviations 

 

A. NPDES - National Pollution Discharge Elimination System 






 

B. SWPPP - Stormwater Pollution Prevention Plan 






 

C. NOI - Notice of Intent 






 

D. NOT - Notice of Termination 






 

1.05 Definitions 

 

The term “NPDES Generic Permit” means the State of Florida Department of 
Environmental Protection (FDEP) Generic Permit for Stormwater Discharge from Large 
and Small Construction Activities. 

 

1.06 Construction Projects Requiring Compliance with NPDES Generic Permit 

 

A. All projects 1 or more acres in size that discharge to offsite areas. 







B. Smaller projects that are in the same construction corridor as larger 
construction projects where the larger project is 1 or more acre in size and is 
required to comply with the NPDES Generic Permit. In this case, even if the 
smaller project is less than 1 acre in size, the smaller project must comply with 
the NPDES Generic Permit. 






 

1.07 General Requirements 

 

A. Construction of this Project is required to comply with the requirements of the 
National Pollutant Discharge Elimination System (NPDES) Generic Permit for 
Stormwater Discharge from Small and Large Construction Activities. 






 

B. In order to meet NPDES requirements, the Contractor is responsible for 
preparing a Stormwater Pollution Prevention Plan (SWPPP), implementing, 
inspecting, maintaining, and reporting on all elements of the SWPPP, 
completing and submitting the required Notice of Intent (NOI) and Notice of 
Termination (NOT) forms as the Operator, and paying all associated fees. 
Copies of the NPDES Generic Permit, NOI, and NOT forms, and permit 
application fee information are available for download at 
https://floridadep.gov/water/stormwater/content/construction-activity-cgp. 






 

C. The Contractor must include in the SWPPP the names and addresses of all 
subcontractors working on this Project who will be involved with the major 
construction activities that disturb site soil or who implement a pollutant 
control measure. These subcontractors, in addition to the Contractor, shall 
comply with the requirements of the NPDES Generic Permit and any local 
governing agency having jurisdiction concerning erosion and sedimentation 
control, and shall sign a copy of the certification statement in the SWPPP. 






 

D. The SWPPP shall describe and ensure the implementation of best management 
practices which will be used to reduce the pollutants in stormwater discharge 
associated with construction activity and to assure compliance with the terms 
and conditions of the NPDES Generic Permit. The erosion and sediment 
control measures shown on these Drawings are the minimum required and are 
to be installed prior to construction. The Contractor is responsible for 
complying with all applicable rules, regulations and water quality standards 
and may need to install additional controls to meet these requirements. 






 

1.08 SWPPP Implementation and Submittal Requirements 

 

A. The SWPPP shall be completed prior to submittal of the NOI and shall include 
the elements necessary to comply with the NPDES Generic Permit for 
construction activities administered by the FDEP and shall also include all 
local governing agency and Owner requirements. There may be more 
stringent local government or Owner requirements for Erosion and Sediment 
Control, which would be located in the Specifications or elsewhere on the 







Drawings. 
B. The Contractor must file the NOI with FDEP and the Owner prior to the start 
of construction. Construction cannot commence until the Contractor receives a 
confirmation letter from FDEP. The Contractor shall also submit a copy of the 
NOI to the MS4 operator for all projects that discharge stormwater associated 
with construction activity to a municipal separate stormwater system (MS4). A 
copy of the NOI and a description of the Project must be posted in a prominent 
place for public viewing at the construction site. 






 

C. The SWPPP must be implemented at the start of construction. A complete 
copy of the SWPPP, including copies of all inspection reports, plan revisions, 
etc., must be retained at the Project site at all times during working hours and 
kept in the permanent Project records for at least three years following 
submission of the NOT. 






 

D. Final Stabilization means that all soil disturbing activities at the site have been 
completed, and that a uniform perennial vegetative cover (evenly distributed, 
without large bare areas) with a density of at least 70% for all unpaved areas 
and areas not covered by permanent structures has been established or 
equivalent permanent stabilization measures (such as geotextiles) have been 
employed. Once construction is completed and final stabilization has been 
achieved, the Contractor must file the NOT to FDEP, the Owner, and the MS4 
operator within 14 days. 






 

1.09 Inspections 

 

A. It is the responsibility of the Contractor to assure the adequacy of site pollutant 
discharge controls. Between the time the SWPPP is implemented and final site 
stabilization is achieved, all disturbed areas and pollutant controls must be 
inspected at least once every seven calendar days and within 24 hours 
following a rainfall of 0.5 inches or greater. The inspections are to be 
conducted by the Contractor’s qualified designated representative. 






 

B. All inspections shall be documented in an inspection report that summarizes 
the scope of the inspection, the names and qualifications of personnel making 
the inspection; the date of the inspection; rainfall data; major observations 
relating to the implementation of the SWPPP, and actions taken in order to 
ensure compliance with NPDES requirements and the SWPPP. Such reports 
shall identify any incidents of non-compliance and actions taken to bring the 
Project into compliance. Where a report does not identify any incidents of 
non- compliance, the report shall contain a certification that the facility is in 
compliance with the NPDES requirements and the SWPPP. Each inspection 
report shall be signed and certified by each inspector. 






 

1.10 Updating and Modifying the SWPPP 

 


A. Based on inspection results, any modifications necessary to increase 
effectiveness of the SWPPP to an acceptable level must be made within seven 
calendar days of the inspection. 
B. The SWPPP must be updated each time there are significant modifications to 
the pollutant prevention system or a change of contractors working on the 
Project who disturbs site soil. For construction activities where the operator 
changes, the new operator shall file an NOI for coverage under this permit 
before assuming control of the Project and the previous operator shall file an 
NOT to terminate permit coverage in accordance with the NPDES Generic 
Permit. Amendments to the plan shall be prepared, signed, dated, and kept as 
attachments to the original SWPPP. 


 

1.11 Minimum SWPPP Provisions 

 

A. Each SWPPP shall provide a description of pollutant sources and other 
information including a description of the nature of the construction activity; 
the intended sequence of major activities which disturb soils for major 
portions of the site; estimates of the total area of the site and the total area of 
the site that is expected to be disturbed by excavation, grading, or other 
construction activities; existing data describing the soil or the quality of any 
discharge from the site and an estimate of the size of the drainage area for each 
discharge point; a site map indicating drainage patterns and approximate 
slopes anticipated after major grading activities, areas of soil disturbance, an 
outline of areas which may not be disturbed, the location of major structural 
and nonstructural controls identified in the plan, the location of areas where 
stabilization practices are expected to occur, surface waters, wetlands, and 
locations where stormwater is discharged to a surface water or MS4; and the 
latitude and longitude of each discharge point and the name of the receiving 
water(s) for each discharge point. 






 

1.12 Minimum Erosion and Sediment Control Construction Requirements 

 

A. Stabilize all construction site exits with coarse aggregate or other approved 
materials, in accordance with details on the Drawings. Other minimum 
construction requirements that need to be implemented in order to comply 
with the NPDES Generic permit include installation of sediment barriers down 
slope from construction activities that disturb site soil; constructing rock 
surface temporary parking areas; installation of sediment barriers down slope 
prior to clearing and grubbing; installation of sediment barriers on the down 
slope side of utility construction and soil stockpiles; and the installation of 
sediment barriers on the down slope side of grading activities. 






 

B. Stabilization measures shall be initiated as soon as practicable, but in no case 
more than 7 days, in portions of the site where construction activities have 
temporarily or permanently ceased. 






 


C. The Owner has the authority to limit surface area of erodible earth material 
exposed by clearing and grubbing, excavation, trenching, borrow and 
embankment operations. The Owner also has authority to direct Contractor to 
provide immediate permanent or temporary erosion and sediment control 
measures. 






 

D. The Contractor shall respond to erosion and sediment control maintenance 
requirements or implement additional measures to control erosion ordered by 
Owner or governing authorities within 48 hours or sooner if required at no 
additional cost to the Owner. 






 

E. The Contractor shall incorporate permanent erosion control features into 
Project at earliest practical time to minimize need for temporary controls. 






 

F. For drainage basins with 10 or more disturbed acres at one time, a temporary 
(or permanent) sediment basin providing 3,600 cubic feet of storage per acre 
drained, or equivalent control measures, shall be provided where attainable 
until final stabilization of the site. The 3,600 cubic feet of storage area per acre 
drained does not apply to flows from offsite areas and flows from onsite areas 
that are either undisturbed or have undergone final stabilization where such 
flows are diverted around both the disturbed area and the sediment basin. For 
drainage basins with 10 or more disturbed acres at one time and where a 
temporary sediment basin providing 3,600 cubic feet of storage per acre 
drained, or equivalent controls is not attainable, a combination of smaller 
sediment basins and/or sediment traps and other BMPs should be used. At a 
minimum, silt fences, or equivalent sediment controls are required for all 
sideslope and downslope boundaries of the construction area. 






 

G. Water trucks shall be used as needed during construction to reduce dust 
generated on the site. Dust control must be provided by the Contractor and 
shall be in compliance with applicable local and state dust control regulations. 






 

1.13 Maintenance Requirements 

 

A. Maintain all erosion and sediment control measures throughout construction. 
Repair or replace all damaged sediment barriers. Remove accumulated 
sediment along all silt fences where the height of the sediment exceeds onethird 
of the height of the silt fence. Inspect all temporary and permanent 
grassing areas and re-grass where there are bare spots, washouts, or unhealthy 
growth. 






 

B. At the completion of construction, once final stabilization has been achieved, 
clean all accumulated sediment from all storm structures, pipelines, and 
stormwater ponds. Remove all temporary sediment controls upon receipt of 
authorization to remove has been received from the Owner or Engineer. Note 
that this may not occur for some time after construction activities have been 







completed, in order to ensure their removal has not occurred until final 
stabilization has been achieved to the satisfaction of the Owner and Engineer. 






 

1.14 Stormwater Discharge Provisions 

 

A. Non-stormwater components of site discharge must be clean water. Water 
used for construction, which discharges from the site, must originate from a 
public water supply or private well approved by the governing local agency. 
Water used for construction that does not originate from an approved public 
supply must not discharge from the site. Allowable non-stormwater 
discharges include discharges from fire fighting activities; fire hydrant 
flushing; water used to wash vehicles or control dust; water flowing from 
potable sources and water line flushing; Irrigation drainage; and runoff from 
pavement wash down where spills or leaks of toxic or hazardous materials 
have not occurred (unless all spilled material has been removed) and where 
detergents have not been used. 






 

B. Solid materials, including building materials, are not allowed to be discharged 
from the site with stormwater. All solid waste, including disposable materials 
incidental to the major construction activities, must be collected and placed in 
containers. The containers shall be emptied periodically by a contract trash 
disposal service and hauled away from the site. 






 

C. Substances that have the potential for polluting surface and/or groundwater 
must be controlled by whatever means necessary in order to ensure that they 
do not discharge from the site. As an example, special care must be exercised 
during equipment fueling and servicing operations. If a spill occurs, it must be 
contained and disposed so that it will not flow from the site or enter 
groundwater, even if this requires removal, treatment, and disposal of soil in 
accordance with local and state regulations. 






 

D. All personnel involved with construction activities must comply with state and 
local sanitary or septic system regulations. Temporary sanitary facilities shall 
be provided at the site throughout the construction phase. They must be 
utilized by all construction personnel and shall be serviced by a commercial 
operator. 






 

E. Discharges resulting from groundwater dewatering activities at construction 
sites are permitted provided the groundwater is free of sediments, is not 
contaminated, and dewatering occurs in accordance with state and local 
governing agency regulations. 






 

F. Chemicals, paints, solvents, fertilizers, and other toxic material must be stored 
in waterproof containers. Except during application, the contents must be kept 
in trucks or within storage facilities. Runoff containing such material must be 
collected, removed from the site, treated, and disposed at an approved solid 







waste or chemical disposal facility. 






 

G. The discharge of hazardous substances or oil in the stormwater discharge(s) 
from a facility or activity shall be prevented. This does not relieve the operator 
of the reporting requirements of 40 CFR part 117 and 40 CFR part 302. The 
operator shall submit within 14 calendar days of knowledge of the release a 
written description of: the release (including the type and estimate of the 
amount of material released), the date that such release occurred, the 
circumstances leading to the release, and remedial steps to be taken. The 
SWPPP must be modified within 14 calendar days of knowledge of the release 
to: provide a description of the release, the circumstances leading to the 
release, and the date of the release. In addition, the plan must be reviewed to 
identify measures to prevent the reoccurrence of such releases and to respond 
to such releases, and the plan must be modified where appropriate. 






 

 

PART 2 - PRODUCTS (NOT USED) 

 

PART 3 - EXECUTION (NOT USED) 

 

 

END OF SECTION 


 SECTION 01500 

 

 TEMPORARY FACILITIES 

 

PART 1 GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: Provide temporary facilities required for construction, testing and 
cleaning purposes. Such facilities may include, but are not necessarily limited to, the 
following: 

 

 1. By Contractor: 

 

 a. Telephone. 

 

 b. Storage sheds. 

 

 c. Temporary water service. 

 

 d. Temporary sanitary facilities. 

 

 e. Temporary electrical service. 

 

 2. By Owner: 

 

 a. None. 

 

1.02 TEMPORARY WATER 

 

 A. Furnish and install temporary water service for use throughout the construction 
period. 

 

 1. Water for construction purposes. 

 

 2. Water for other purposes. 

 

 a. Testing. 

 

 b. Cleaning. 

 

 B. Maintain adequate volume of water for all purposes. 

 

 C. Water Source: metered water purchased from the Bella Collina CDD. 

 


 D. Maintain strict supervision of use of temporary services. 

 

 1. Enforce conformance with applicable codes and standards. 

 

 2. Enforce sanitary practices. 

 

 3. Prevent waste of water. 

 

 4. Prevent abuse of services. 

 

1.03 TEMPORARY ELECTRICITY 

 

 A. Furnish and install temporary electric power service for construction needs 
throughout construction period. 

 

 1. Power centers for miscellaneous tools and equipment used in construction 
work. 

 

 2. Power for construction equipment. 

 

 3. Power for testing and checking equipment. 

 

 B. Capacity: 

 

 1. Adequate electrical service for construction use by all trades during 
construction period. 

 

 C. Power Source: portable generator provided by Contractor. 

 

 D. Maintain strict supervision of use of temporary services: 

 

 1. Enforce conformance with applicable standards. 

 

 2. Enforce safe practices. 

 

 3. Prevent abuse of services. 

 

 E. Requirements of Regulatory Agencies: 

 

 1. Comply with applicable codes. 

 

 a. National Electrical Code. 

 

 b. National Electrical Safety Code. 

 


 c. National Fire Protection Association. 

 

 d. Federal, state and local codes. 

 

1.04 TEMPORARY SANITARY FACILITIES 

 

 A. Furnish and install temporary sanitary facilities for use throughout construction 
period. 

 

 1. Potable water for construction personnel: 

 

 a. Portable containers to dispense drinking water. 

 

 b. Maintain temperature between 45 degrees F. and 55 degrees F. 

 

 2. Enclosed toilet facilities for construction personnel. 

 

 B. Minimum number of fixtures: 

 

 1. Toilets and Urinals 

 

 a. For less than 20 employees: One toilet. 

 

 b. For 20 or more employees: One toilet and one urinal per 40 workers. 

 

 C. Maintain strict supervision of use of facilities: 

 

 1. Enforce conformance with applicable standards. 

 

 2. Maintain, service and clean facilities. 

 

 3. Enforce proper use of sanitary facilities. 

 

 D. Cost of Installation and Operation: 

 

 1. Pay costs of temporary sanitary facilities, including costs of installation, 
maintenance and removal. 

 

 2. Pay service charges for use of portable units. 

 

 E. Facility Locations. 

 

 1. Within the project site. 

 

 2. Drinking Water: Convenient for use of personnel in relation to work. 


 

 3. Toilet facilities. 

 

 a. Secluded from public observation. 

 

 b. Convenient for use of personnel in relation to work. 

 

 4. Obtain acceptance of Engineer. 

 

 F. Enclosure for Toilet Facilities: 

 

 1. Weatherproof, sight-proof, sturdy temporary enclosures. 

 

 2. Insect-proof screening, adequate natural ventilation. 

 

 G. Requirements of Regulatory Agencies: 

 

 1. Obtain and pay for permits as required by governing authorities. 

 

 2. Comply with federal, state, and local codes. 

 

PART 2 PRODUCTS 

 

2.01 MATERIALS 

 

 A. General: 

 

 1. Materials may be new or used, but must be adequate for purpose required, 
sanitary and must not violate requirements of applicable codes. 

 

 2. At Contractor's option, patented specialty products may be used, in 
compliance with applicable codes. 

 

2.02 ELECTRICITY 

 

 A. Provide required facilities including, but not limited to, transformers, conductors, 
poles, conduits, raceways, breakers, fuses and switches. 

 

 B. Provide appropriate enclosures for environment in which used, in compliance with 
NEMA standards. 

 

2.03 TEMPORARY SANITARY FACILITIES 

 

 A. Drinking Water Facilities (Portable Containers): 

 


 1. Tightly closed, equipped with dispensing tap. 

 

 2. Clearly label contents. 

 

 3. Do not use for other purposes. 

 

 4. Provide single-service disposable cups, with sanitary container for unused 
cups, and receptacles for used cups. 

 

 B. Toilet Facilities 

 

 1. Portable Toilets; either: 

 

 a. Chemical toilets. 

 

 b. Recirculating toilets. 

 

 c. Combustion toilets. 

 

 2. Toilet Tissue: Provide at each toilet, on suitable dispenser. 

 

PART 3 EXECUTION 

 

3.01 GENERAL 

 

 A. Install work in a neat and orderly manner. 

 

 B. Make structurally sound throughout. 

 

 C. Maintain to provide continuous service. 

 

 D. Modify and extend service as work progress requires. 

 

3.02 TEMPORARY WATER 

 

 A. Location: 

 

 1. Avoid interference with: 

 

 a. Traffic and work areas. 

 

 b. Materials handling equipment. 

 

 c. Storage areas. 

 


3.03 TEMPORARY ELECTRICITY 

 

 A. Locate to avoid interference with: 

 

 1. Traffic and work areas. 

 

 2. Cranes. 

 

 3. Material handling equipment. 

 

 4. Storage areas. 

 

 B. Wire all safety devices specified for final operation of equipment. 

 

 C. Check operation of safety devices. 

 

3.04 TEMPORARY SANITARY FACILITIES 

 

 A. Portable Toilets: 

 

 1. Erect securely, and anchor to prevent dislocation. 

 

 2. Service as often as necessary to prevent accumulation of wastes, and creation 
of unsanitary conditions. 

 

3.05 REMOVAL 

 

 A. Completely remove temporary materials and equipment upon completion of 
construction. 

 

 B. Clean, and repair damage caused by installation and restore to specified, or original 
condition. 

 

 

 

 END OF SECTION 


SECTION 01541 

 

SAFETY 

 

PART 1 GENERAL 

 

1.01 RELATED DOCUMENTS 

 

 A. Requirements of applicable governmental agencies and the Standard Conditions of 
the Contract Documents apply to this Section. 

 

1.02 SUMMARY 

 

 A. The Contractor shall be solely responsible for initiating, maintaining and supervising 
all safety precautions and programs in connection with the Work. 

 

 B. Safety of Persons and Property: 

 

 1. The Contractor shall take all reasonable precautions for the safety of, and 
shall provide all reasonable protection to prevent damage, injury or loss to: 

 

 a. All of the Contractor’s, Owner’s, and Engineer’s onsite staff. 

 b. All other persons who may be affected thereby. 

 c. All the Work and all materials and equipment to be incorporated 
therein, whether in storage on or off the site, under the care, custody 
or control of the Contractor or any Subcontractors or Subsubcontractors. 


 d. Other property at the site or adjacent thereto, including trees, shrubs, 
lawns, walks, pavements, roadways, structures and utilities not 
designated for removal, relocation or replacement in the course of 
construction. 

 

 C. The Contractor shall give all notices and comply with all applicable laws, ordinances, 
rules, regulations and lawful orders of the Owner or other public authority bearing on 
the safety of persons or property or their protection from damage, injury or loss. 

 

 D. The Contractor shall erect and maintain, as required by existing conditions and 
progress of the Work, all reasonable safeguards for safety and protection, including 
posting danger signs and other warnings against hazards, promulgating safety 
regulations and notifying owners and users of adjacent utilities. 

 

 E. The Contractor shall designate a responsible member of his organization at the site 
whose duty shall be construction safety and prevention of accidents. This person 
shall be the Contractor's superintendent unless otherwise designated by the 
Contractor in writing to the Owner. 


 

 F. The Contractor shall not load or permit any part of the Work or site to be loaded so 
as to endanger its safety. 

 

 G. Emergencies: 

 

 1. In any emergency affecting the safety of persons or property, the Contractor 
shall act, at his discretion, to prevent threatened damage, injury or loss. 
Notification of such occurrences must be made to the Owner as soon as 
practical. 

 

 

 

PART 2 PRODUCTS (Not Used) 

 

 

PART 3 EXECUTION (Not Used) 

 

 

 

 

 

END OF SECTION 


SECTION 01560 

 

TEMPORARY CONTROLS 

 

PART 1 GENERAL 

 

1.01 REQUIREMENTS INCLUDE 

 

 A. Noise control. 

 

 B. Pollution control. 

 

 C. Temporary Fire Protection. 

 

 D. Provide and maintain methods, equipment and temporary construction, as necessary, 
to provide controls over environmental conditions at the construction site and related 
areas under Contractor's control; remove physical evidence of temporary facilities at 
completion of Work. 

 

PART 2 PRODUCTS 

 

2.01 GENERAL 

 

 A. Submit information copy of the proposed program to Engineer, clearly indicating the 
following: 

 

 1. Practices/systems to be installed/implemented, by specific project area 
related to each of the requirements listed under Part 1.01, above. 

 2. Implementation schedule for the pollution preventive measures to be 
employed. 

 

PART 3 EXECUTION 

 

3.01 NOISE CONTROLS 

 

 A. The noise generated by construction work may at times create a problem for the 
adjacent property owners. The Contractor shall be and remain sensitive to noise 
impacts to adjacent property owners during construction activities and recognize that, 
during certain time periods during the day, construction work (for instance, power 
drive equipment, jackhammer operations, prolonged power sawing, etc.) may be 
more objectionable than other time periods. 

 

1. These higher levels of noise generation may conflict with specific noise 
abatement regulations of authorities having jurisdiction. 

2. It is required that agreement be secured from adjacent property owner's 
and/or local authorities, as applicable, prior to scheduling any such unusual 
noise activity and that Contractor and all Subcontractors cooperate. 


3. If any on-going activity becomes objectionable by its longevity, a time 
schedule shall be prepared for approval by the authorities, to enable this type 
of activity to continue, satisfactorily to all concerned. 

 

3.02 EQUIPMENT AND PERSONNEL 

 

A. Choice of equipment shall be such as to keep noise to a minimum. Gasoline or diesel 
powered equipment shall be provided with proper mufflers for noise abatement, 
including all trucks. 

 

1. Personnel shall refrain from loud boisterous shouting or use of profanity. 

2. Equipment or personnel not satisfying above requirements shall be promptly 
replaced as directed by Owner or Engineer. 

 

3.03 TEMPORARY FIRE PROTECTION 

 

A. Provide adequate fire protection in accordance with local Fire Department 
regulations. 

 

1. Provide at the project site Class "A, B and C" extinguishers not less than 
minimum 20 lb. dry chemical type, UL rating 20A-80B; C and Factory 
Mutual (FM) approved. Provide fire extinguishers per OSHA Standard. 

 

B. Cooperate with any direction provided by the OWNER in regard to actions taken by 
OWNER to control wild fires within the project area. 

 

3.04 POLLUTION CONTROL 

 

A. Provide methods, means and facilities required to prevent contamination of soil, 
water or atmosphere by the discharge of noxious substances from construction 
operations. 

 

B. Provide equipment and personnel to perform emergency measures required to 
contain any spillages, and to remove contaminated soils or liquids. 

 

1. Excavate and dispose of any contaminated earth off-site and replace with 
suitable compacted fill, topsoil and landscaping to match present condition. 

 

C. Take special measures to prevent harmful substances from entering public waters. 

 

 

D. Provide systems for control of atmospheric pollutants. 

 

1. Prevent toxic concentrations of chemicals. 

2. Prevent harmful dispersal of pollutants into the atmosphere. 

 


 

3.05 DEBRIS CONTROL 

 

A. Maintain all areas under Contractor's control free of extraneous debris. 

 

1. Initiate and maintain a specific program to prevent accumulation of debris at 
construction site, storage and parking areas, or along multi-use access roads 
and haul routes. 

2. Provide containers for deposit of debris. 

3. Prohibit overloading of trucks to prevent spillage on multi-use access and 
haul routes. Do not block multi-use access routes. 

 

B. Provide periodic inspection of traffic areas to enforce requirements. 

 

1. Provide additional collection and disposal of debris whenever the periodic 
schedule is inadequate to prevent accumulation. 

 

 

END OF SECTION 


SECTION 01568 

 

EROSION & SEDIMENTATION CONTROL 

 

PART 1 GENERAL 

 

1.01 DESCRIPTION 

 

A. General requirements: 

 

1. All erosion, sedimentation and water pollution control features shall be in 
place prior to the start of any construction. Contractor shall be responsible for 
the installation and maintenance of all temporary erosion and sedimentation 
control features. 

 

2. Location of the control features shall be as required to facilitate drainage and 
control erosion and sedimentation within and adjacent to the site. 

 

3. As a minimum sedimentation control measure, Contractor shall: 

 

a. Install silt fence where delineated on the Drawings, and around all 
areas which will be used for the temporary storage of materials. 

b. Install silt fence and other sedimentation control measures as required 
to comply with the Stormwater Pollution Prevention Plan (SWPPP) 
developed by the Contractor as part of the National Pollutant 
Discharge Elimination System (NPDES) Generic Permit for 
Stormwater Discharge from Small and Large Construction Activities 
requirements (reference specification Section 01415). 

 

1.02 QUALITY ASSURANCE 

 

A. The provisions for prevention, control and abatement of erosion, sedimentation and 
water pollution shall be as stated in the Florida Department of Transportation 
Standard Specifications for Road and Bridge Construction, Section 104, latest 
edition, and as required by the governing Water Management District. 

 

1.03 SUBMITTALS 

 

A. Procedures shall be in accordance with Section 01340. 

 

 

1.04 RELATED SECTIONS 

 

A. Section 01065 – Permits and Fees 

B. Section 01415 – Stormwater Pollution Prevention / NPDES Requirements 


 

1.05 START OF WORK 

 

A. Do not start work until erosion control measures are in place. 

 

PART 2 PRODUCTS 

 

2.01 MATERIALS 

 

A. Silt Fence 

 

1. Silt fence (filter fabric) shall be synthetic and contain ultraviolet ray 
inhibitors and stabilizers to provide a minimum of six (6) months of expected 
usable construction life at a temperature range of 0 to 120 F. 

 

2. Filter fabric shall be a pervious sheet of propylene, nylon or polyester and 
shall be certified by the manufacturer or supplier to conform to the following 
specifications: 

 

 

Filter efficiency (Test VTM-51): 

 

75% 

 

Minimum tensile strength at 20% elongation 

(Test ASTM-D-1682): 

 

120 lbs. 

 

Tear strength (Test ASTM D2263): 

 

50 lbs. 



 

3. Filter fabric shall be purchased in a continuous roll cut to the length of the 
barrier to avoid use of joints. 

4. Stakes shall be 2 inch x 4 inch wood, minimum 3 feet long. 

 

PART 3 EXECUTION 

 

3.01 GENERAL 

 

A. Temporary erosion control features shall consist of, but not be limited to, staked silt 
fences. All items shall be installed in accordance with applicable sections of the 
FDOT Standard Specifications. 

 

B. Construct temporary erosion and sediment control measures and maintain them to 
prevent the pollution of adjacent water ways in conformance with the laws, rules and 
regulations of Federal, State and local agencies. 

 

3.02 INSTALLATION 

 

A. General installation requirements for silt fence are summarized as follows: 

 


1. The height of the silt barrier fabric shall be a minimum of 24 inches. 
2. The stakes shall be spaced a maximum of 6 feet apart at the barrier location 
and driven securely into the ground. 
3. A trench shall be excavated approximately 4 inches wide by 4 inches deep 
along the line of stakes. The filter fabric shall be tied or stapled to the 
wooden stakes and 8 inches of fabric shall be extended into the trench. The 
staples shall be heavy duty wire and at least one-half (1/2) inch long. The 
trench shall then be backfilled and the soil compacted over the filter fabric. 
4. When joints are necessary, filter fabric shall be spliced together only at a 
support post, with a 6 inch overlap, and securely sealed. 
5. Silt fence shall be maintained in place until permanent sod is installed in 
accordance with Section 02482 (Landscaping for Utilities). 


 

3.03 MAINTENANCE 

 

A. Silt fence shall be inspected immediately after each rainfall and at least once a day 
during periods of prolonged rainfall. Any necessary repairs shall be made 
immediately. 

 

B. Should the fabric on a silt fence decompose or become ineffective, the installation 
shall be repaired or replaced immediately at no additional cost to the Owner. 

 

C. Sediment deposits shall be removed after each storm event. The Contractor shall 
repair and restore the installations to a working and effective condition to the 
satisfaction of the Owner. 

 

D. At the completion of all Work, the silt fence shall be removed unless otherwise 
directed by the Owner. 

 

3.04 CONTROL OF CONTRACTOR'S OPERATIONS WHICH MAY RESULT IN WATER 
POLLUTION 

 

A. Take sufficient precautions to prevent pollution of streams, canals, lakes, reservoirs, 
wetlands and other sensitive areas. 

 

B. Do not disturb lands or waters outside the limits of construction, unless approved in 
advance and in writing by the Owner. No operations within wetlands or associated 
upland buffers are allowed. 

 

 

END OF SECTION 


SECTION 01570 

TRAFFIC REGULATION 

 

PART 1- GENERAL 

 

1.1 DESCRIPTION 




 

A. This Section covers procedures for developing and implementing traffic control and 
regulation measures and maintenance of traffic in and around the construction area 
to provide for safe and efficient protection and movement of vehicular and 
pedestrian traffic/through and adjacent to the construction site areas. 






 

1.2 REFERENCE STANDARDS 




 

A. General 






 

1. Codes, specifications, and standards referred to by number or title shall form 
a part of this Specification to the extent required by the reference thereto. 
Latest revisions shall apply, unless otherwise shown or specified. 








 

B. Florida Department of Transportation Standards (“FDOT Standards”) 






 

1. Standard Specifications for Road and Bridge Construction 








 

2. Standard Plans for Road Construction 








 

1.3 SUBMITTALS 




 

A. Before closing or restricting traffic flow through any thoroughfare, the Contractor 
shall give written notice to and, if necessary, obtain a permit or permits from the 
duly constituted public authority having jurisdiction over the thoroughfare. 
Contractor shall also notify the applicable law enforcement, fire, and emergency 
services having jurisdiction in the area. Notice shall be given no less than 72 hours 
in advance of the time when it may be necessary in the process of construction to 
close or restrict traffic to such thoroughfare, or as may be otherwise required by the 
governing authority. 






 

1.4 SITE CONDITIONS 




 

A. The Contractor shall plan construction operations such that existing local traffic 
access can be maintained and shall maintain during the construction such 
barricades, lights, flagmen, and other protective devices as appropriate, whether 
specified for the project or required by the local governing authority. Traffic control 
devices and implementation used for maintenance of traffic shall comply with the 
FDOT Standards. 






 


B. The Contractor shall conduct his work in such manner as not to unduly or 
unnecessarily restrict or impede normal traffic through the streets of the 
community. Insofar as it is practicable, excavated material and spoil banks shall not 
be located in such manner as to obstruct traffic. The traveled way of all streets, 
roads, and alleys shall be kept clear and unobstructed insofar as is possible and shall 
not be used for the storage of construction materials, equipment, supplies, or 
excavated earth, except when and where necessary. If required by duly constituted 
public authority, the Contractor shall, at his own expense, construct bridges or other 
temporary crossing structures over trenches so as not to unduly restrict traffic. Such 
structures shall be of adequate strength and proper construction and shall be 
maintained by the Contractor in such manner as not to constitute an undue traffic 
hazard. Private driveways shall not be closed except when and where necessary, 
and then only upon due advance notice to the Owner, property owner and applicable 
jurisdictional authority, and shall be for the shortest practicable period of time 
consistent with efficient and expeditious construction. The Contractor shall be 
liable for any damages to persons or property resulting from his work. 






 

C. The Contractor shall make provisions at cross streets for the free passage of vehicles 
and foot passengers, either by bridging or otherwise, and shall not obstruct the 
sidewalks, gutters, or streets, nor prevent in any manner the flow of water in the 
latter, but shall use all proper and necessary means to permit the free passage of 
surface water along the gutters. The Contractor shall immediately cart away all 
offensive matter, exercising such precaution as may be directed by the Owner or 
applicable jurisdictional authority. All material excavated shall be so disposed of 
as to inconvenience the public and adjacent tenants as little as possible and to 
prevent injury to trees, sidewalks, fences, and adjacent property of all kinds. The 
Contractor may be required to erect suitable barriers to prevent such inconvenience 
or injury. 






 

D. Unless otherwise required by the governing authority, maintenance of traffic in and 
around the construction zone shall conform to Section 102 of the FDOT Standards 
referenced therein. 






 

 

PART 2 - PRODUCTS (NOT USED) 

 

 

PART 3 - EXECUTION (NOT USED) 

 

 

END OF SECTION 


 SECTION 01600 

 

 MATERIAL AND EQUIPMENT 

 

PART 1 - GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: Material and equipment incorporated into the Work: 

 

 1. Conform to applicable specifications and standards. 

 

 2. Comply with size, make, type and quality specified, or as specifically 
approved in writing by the Engineer. 

 

 3. Do not use material or equipment for any purpose other than that for which 
it is designed or is specified. 

 

1.02 APPROVAL OF MATERIALS 

 

 A. Only new materials and equipment shall be incorporated in the work. All materials 
and equipment furnished by the Contractor shall be subject to the inspection and 
approval of the Engineer. No material shall be delivered to the work without prior 
approval of the Engineer. 

 

 B. Facilities and labor for handling and inspection of all materials and equipment shall 
be furnished by the Contractor. 

 

 C. The materials and equipment used on the work shall correspond to the approved 
samples or other data. 

 

1.03 MANUFACTURER'S INSTRUCTION FOR INSTALLATION 

 

 A. Handle, install, connect, clean, condition and adjust products in strict accord with 
manufacturer's instructions and in conformity with specified requirements. 

 

 1. Should job conditions or specified requirements conflict with 
manufacturer's instructions, consult with Engineer for further instructions. 

 

 2. Do not proceed with work without clear instructions. 

 

B. Perform work in accordance with manufacturer's instructions. Do not omit any 
preparatory step or installation procedure unless specifically modified or exempted by 
Contract Documents. 


 

1.04 TRANSPORTATION AND HANDLING 


 

 A. Arrange deliveries of products in accordance with construction schedules, 
coordinate to avoid conflict with work and conditions at the site. 

 

 1. Deliver products in undamaged condition, in manufacturer's original 
containers or packaging, with identifying labels intact and legible. 

 

 2. Immediately on delivery, inspect shipments to assure compliance with 
requirements of Contract Documents and approved submittals, and that 
products are properly protected and undamaged. 

 

 B. Provide equipment and personnel to handle products by methods to prevent soiling 
or damage to products or packaging. 

 

1.05 STORAGE AND PROTECTION 

 

 A. The Contractor shall furnish a covered, weather-protected storage structure 
providing a clean, dry, non-corrosive environment for all mechanical equipment, 
valves, architectural items, electrical and instrumentation equipment, and special 
equipment to be incorporated into this project. Storage of equipment shall be in 
strict accordance with the "instructions for storage" of each equipment supplier and 
manufacturer including connection heaters, placing of storage lubricants in 
equipment, etc. Corroded, damaged or deteriorated equipment and parts shall be 
replaced before acceptance of the project. Equipment and materials not properly 
stored will not be included in a payment estimate. 

 

 B. Store products in accord with manufacturer's instructions, with seals and labels 
intact and legible. 

 

 1. Store products subject to damage by the elements in weather-tight 
enclosures. 

 

 2. Maintain temperature and humidity within the ranges required by 
manufacturer's instructions. 

 

 3. Store fabricated products above the ground, on blocking or skids, prevent 
soiling or staining. Cover products which are subject to deterioration with 
impervious sheet coverings, provide adequate ventilation to avoid 
condensation. 

 

 4. Store loose granular materials in a well-drained area on solid surfaces to 
prevent mixing foreign matter. 

 

 C. All materials and equipment to be incorporated in the work shall be handled and 
stored by the Contractor before, during and after shipment in a manner to prevent 
warping, twisting, bending, breaking, chipping, rusting, and any injury, theft or 


damage or any kind whatsoever to the material or equipment. 

 

 D. Cement, sand and lime shall be stored under a roof and off the ground and shall be 
kept dry at all times. All structural and miscellaneous steel, and reinforcing steel 
shall be stored off the ground or otherwise to prevent accumulations of dirt or 
grease, and in a position to prevent accumulations of standing water and to 
minimize rusting. Beams shall be stored with the webs vertical. Precast concrete 
beams shall be handled and stored in a manner to prevent cracking. Brick, block 
and similar masonry products shall be handled and stored in a manner to reduce 
breakage, chipping, cracking and spalling to a minimum. 

 

 E. All materials which, in the opinion of the Engineer, have become so damaged as to 
be unfit for the use intended or specified shall be promptly removed from the site of 
the work, and the Contractor shall receive no compensation for the damaged 
material or its removal. 

 

 F. Arrange storage in a manner to provide easy access for inspection. Make periodic 
inspections of stored products to assure that products are maintained under 
specified conditions, and free from damage deterioration. 

 

 G. Protection after Installation: Provide substantial coverings and necessary to protect 
installed products from damage from traffic and subsequent construction 
operations. Remove coverings when no longer needed. 

 

 H. The Contractor shall be responsible for all material, equipment and supplies sold 
and delivered to the Owner under this Contract until final inspection of the work 
and acceptance thereof by the Owner. In the event any such material, equipment 
and supplies are lost, stolen, damaged or destroyed prior to final inspection and 
acceptance, the Contractor shall replace same without additional cost to the Owner. 

 

 I. Should the Contractor fail to take proper action on storage and handling of 
equipment supplied under this Contract within seven days after written notice to do 
so has been given, the Owner retains the right to correct all deficiencies noted in 
previously transmitted written notice and deduct the cost associated with these 
corrections from the Contractor's Contract. 

 

 These costs may be comprised of expenditures for labor, equipment usage, 
administrative, clerical, engineering and other costs associated with making the 
necessary corrections. 

 

1.06 SPECIAL TOOLS 

 

 A. Manufacturers of equipment and machinery shall furnish any special tools 
(including grease guns or other lubricating devices) required for normal adjustment, 
operations and maintenance, together with instructions for their use. The Contractor 
shall preserve and deliver to the Owner these tools and instruction in good order no 


later than upon completion of the Contract. 

 

 

PART 2 - PRODUCTS (NOT USED) 

 

PART 3 - EXECUTION (NOT USED) 

 

 

 

 

 END OF SECTION 


SECTION 01631 

 

PRODUCT SUBSTITUTIONS 

 

PART 1 GENERAL 

 

1.01 RELATED DOCUMENTS 

 

 A. General provisions of Contract, including General and Supplementary Conditions 
and other Specification Sections apply to this Section. 

 

1.02 SUMMARY 

 

 A. This Section specifies administrative and procedural requirements for handling 
requests for substitutions made after award of the Contract. 

 

 B. The Contractor's Construction Schedule and the Schedule of Submittals are included 
under Section "Construction Schedules." 

 

 C. Procedural requirements governing the Contractor's selection of products and product 
options are included under Section "Material and Equipment." 

 

1.03 DEFINITIONS 

 

 A. Definitions used in this Article are not intended to change or modify the meaning of 
other terms used in the Contract Documents. 

 

 B Substitutions: Requests for changes in products, materials, equipment, and methods 
of construction required by Contract Documents proposed by the Contractor after 
award of the Contract are considered requests for "substitutions." The following are 
not considered substitutions: 

 

 1. Revisions to Contract Documents requested by the Owner or Engineer. 

 

 2. Specified options of products and construction methods included in Contract 
Documents. 

 

 3. The Contractor's determination of and compliance with governing regulations 
and orders issued by governing authorities. 

 

1.04 SUBMITTALS 

 

 A. Substitution Request Submittal: Requests for substitution will be considered if 
received within 60 days after commencement of the Work. Requests received more 
than 60 days after commencement of the Work may be considered or rejected at the 
discretion of the Engineer. 


 

 1. Submit one (1) electronic copy of each request for substitution for 
consideration. 

 

B. Identify the product, or the fabrication or installation method to be replaced in each 
request. Include related Specification Section numbers. Provide complete 
documentation showing compliance with the requirements for substitutions, and the 
following information, as appropriate: 

 

1. Product Data, including Drawings and descriptions of products, fabrication 
and installation procedures. 

 

2. Samples, where applicable or requested. 

3. A detailed comparison of significant qualities of the proposed substitution 
with those of the Work specified. Significant qualities may include elements 
such as size, weight, durability, performance and visual effect. 

 

4. Coordination information, including a list of changes or modifications needed 
to other parts of the Work and to construction performed by the Owner and 
separate contractors, that will become necessary to accommodate the 
proposed substitution. 

 

5. A statement indicating the substitution's effect on the Contractor's 
Construction Schedule compared to the schedule without approval of the 
substitution. Indicate the effect of the proposed substitution on overall 
Contract Time. 

 

6. Cost information, including a proposal of the net change, if any in the 
Contract Price. 

 

7. Certification by the Contractor that the substitution proposed is equal to or 
better in every significant respect to that required by the Contract Documents, 
and that it will perform adequately in the application indicated. Include the 
Contractor's waiver of rights to additional payment or time that may 
subsequently become necessary because of the failure of the substitution to 
perform adequately. 

 

C. Engineer's Action: Within three weeks of receipt of the request for substitution, the 
Engineer will notify the Contractor of acceptance or rejection of the proposed 
substitution. 

 

PART 2 PRODUCTS 

 


2.01 SUBSTITUTIONS 

 

A. Conditions: The Contractor's substitution request will be received and considered by 
the Engineer when one or more of the following conditions are satisfied, as 
determined by the Engineer; otherwise, requests will be returned without action 
except to record noncompliance with these requirements. 

 

1. Extensive revisions to Contract Documents are not required. 

 

2. Proposed changes are in keeping with the general intent of Contract 
Documents. 

 

3. The request is timely, fully documented and properly submitted. 

 

4. The request is directly related to an "or equal" clause or similar language in 
the Contract Documents. 

 

5. The specified product or method of construction cannot be provided within 
the Contract Time. The request will not be considered if the product or 
method cannot be provided as a result of failure to pursue the Work promptly 
or coordinate activities properly. 

 

6. The specified product or method of construction cannot receive necessary 
approval by a governing authority, and the requested substitution can be 
approved. 

 

7. A substantial advantage is offered the Owner, in terms of cost, time, energy 
conservation or other considerations of merit, after deducting offsetting 
responsibilities the Owner may be required to bear. Additional 
responsibilities for the Owner may include additional compensation to the 
Engineer for redesign and evaluation services, increased cost of other 
construction by the Owner or separate contractors, and similar 
considerations. 

8. The specified product or method of construction cannot be provided in a 
manner that is compatible with other materials, and where the Contractor 
certifies that the substitution will overcome the incompatibility. 

 

9. The specified product or method of construction cannot be coordinated with 
other materials, and where the Contractor certifies that the proposed 
substitution can be coordinated. 

 

10. The specified product or method of construction cannot provide a warranty 
required by the Contract Documents and where the Contractor certifies that 
the proposed substitution provide the required warranty. 

 

B. The Contractor's submittal and Engineer's acceptance of Shop Drawings, Product 
Data or Samples that relate to construction activities not complying with the Contract 


Documents does not constitute an acceptable or valid request for substitution, nor 
does it constitute approval. 

 

PART 3 EXECUTION (Not Used) 

 

 

 

 

 

 

END OF SECTION 


 SECTION 01700 

 

 CONTRACT CLOSEOUT 

 

PART 1 GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: Comply with requirements stated herein and in other sections of the 
Contract Documents concerning administrative procedures for closing out the Work. 
All Contractor closeout submittals as described herein must be successfully 
completed within the Contract Time. 

 

 B. Related Requirements Described Elsewhere: 

 

 1. Conditions of the Agreement: Fiscal provisions, legal submittals, warranty 
bond and additional administrative requirements. 

 

 2. Project Record Documents: Section 01720. 

 

 3. The respective technical specification sections concerning closeout 
submittals. 

 

1.02 SUBSTANTIAL COMPLETION 

 

 A. When Contractor considers the Work as substantially complete, Contractor shall 
submit to the Engineer: 

 

 1. A written notice that the Work, or designated portion thereof, is substantially 
complete. 

 

 2. A list of items to be competed or corrected. 

 

 B. Within a reasonable time after receipt of such notice, the Engineer will make an 
inspection to determine the status of completion. 

 

 C. Should the Engineer determine that the Work is not substantially complete: 

 

 1. The Engineer will promptly notify the Contractor in writing, giving the 
reasons thereof. 

 

 2. Contractor shall remedy the deficiencies in the Work and send a second 
written notice of substantial completion to the Engineer. 

 

 3. The Engineer will re-inspect the Work. 


 

 D. Once the Engineer determines that the Work is substantially complete, Engineer will 
issue a Certificate of Substantial Completion in conformance with Article 15.03 of 
the Standard General Conditions of the Construction Contract. 

 

1.03 FINAL INSPECTION 

 

 A. When Contractor considers the Work is complete, Contractor shall submit written 
certification that: 

 

 1. Contract Documents have been reviewed. 

 

 2. Work has been inspected for compliance with Contract Documents. 

 

 3. Work has been completed in accordance with Contract Documents. 

 

 4. Constructed improvements have been tested in the presence of the Owner's 
Representative and are ready to be utilized by Owner. 

 

 5. Work is completed and ready for final inspection. 

 

 B. The Engineer will make an inspection to verify the status of completion with 
reasonable promptness after receipt of such certification. 

 

 C. Should the Engineer consider that the Work is incomplete or defective: 

 

 1. The Engineer will promptly notify the Contractor in writing, listing the 
incomplete or defective work. 

 

 2. Contractor shall take immediate steps to remedy the stated deficiencies, and 
send a second written certification to the Engineer that the Work is complete. 

 

 3. The Engineer will re-inspect the Work. 

 

1.04 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER 

 

 A. Warranty Bond: Refer to Exhibit II in Appendix B. 

 

 B. Project Record Documents: Refer to requirements of Section 01720. 

 

 C. Evidence of Payment and Release of Liens: Contractor shall provide final lien 
releases from Contractor, subcontractors, suppliers and any other entities that have 
filed a Notice to Owner. Refer to Exhibit V in Appendix C. 

 

 D. Consent of Surety to Final Payment: Refer to Exhibit VI in Appendix C. 


 

1.05 FINAL ADJUSTMENT OF ACCOUNTS 

 

 A. Submit a final statement of accounting to the Engineer. 

 

 B. Statement shall reflect all adjustments to the Contract Price: 

 

 1. The original Contract Price. 

 

 2. Additions and deductions resulting from any: 

 

 a. Previous change orders or written amendment. 

 

 b. Allowances. 

 

 c. Deductions for uncorrected work. 

 

 d. Deductions for liquidated damages. 

 

 e. Other adjustments. 

 

 3. Total Contract Price, as adjusted. 

 

 4. Previous payments. 

 

 5. Sum remaining due. 

 

 C. Engineer will prepare a final Change Order, reflecting approved adjustments to the 
Contract Price which were not previously made by Change Orders. 

 

1.06 FINAL APPLICATION FOR PAYMENT 

 

 A. Contractor shall submit the final Application for Payment in accordance with 
procedures and requirements stated in the Contract Documents. 

 

PART 2 PRODUCTS (NOT USED) 

 

PART 3 EXECUTION (NOT USED) 

 

 

 END OF SECTION 


SECTION 01710 

 

CLEANING AND DEMOLITION 

 

 

PART 1 GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: Execute cleaning and demolition during progress of the Work and at 
completion of the Work. 

 

 B. Related Requirements Described Elsewhere: 

 

 1. General Requirements. 

 

 2. Each Specification Section: Cleaning for specific products or work. 

 

1.02 DISPOSAL REQUIREMENTS 

 

 A. Conduct cleaning and disposal operations to comply with all applicable codes, 
ordinances, regulations, and anti-pollution laws. 

 

PART 2 PRODUCTS 

 

2.01 MATERIALS 

 

 A. Use only those cleaning materials which will not create hazards to health or property 
and which will not damage surfaces. 

 

 B. Use only those cleaning materials and methods recommended by the manufacturer 
of the surface material to be cleaned. 

 

 C. Use cleaning materials only on surfaces recommended by the cleaning material 
manufacturer. 

 

 D. Use demolition equipment according to OSHA guidelines. 

 

PART 3 EXECUTION 

 

3.01 DURING CONSTRUCTION 

 

 A. Execute daily cleaning to keep the Work, the site and adjacent properties free from 
accumulations of waste materials, rubbish and windblown debris, resulting from 
construction operations or personal activities. 


 

 B. Provide on-site containers for the collection of waste materials, debris and rubbish. 

 

 C. Remove waste materials, debris and rubbish from the site as needed and dispose of 
at legal disposal areas away from the site. 

 

3.02 DUST CONTROL 

 

 A. Clean interior spaces prior to the start of finish painting and continue cleaning on an 
as-needed basis until paint is finished. 

 

 B. Schedule operations so that dust and other contaminants resulting from cleaning 
process will not fall on wet or newly-coated surfaces. 

 

3.03 FINAL CLEANING 

 

 A. Employ skilled workmen for final cleaning. 

 

 B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other 
foreign materials from sight-exposed interior and exterior surfaces. 

 

 C. Prior to final completion or Owner occupancy, Contractor shall conduct an 
inspection of sight-exposed interior and exterior surfaces and all work areas, to 
verify that the entire Work is clean. 

 

 

 

END OF SECTION 


 SECTION 01720 

 

 PROJECT RECORD DOCUMENTS 

 

PART 1 GENERAL 

 

1.01 DESCRIPTION 

 

 A. Scope of Work: Maintain at the site one (1) record copy of: 

 

 1. Drawings. 

 

 2. Specifications. 

 

 3. Addenda. 

 

 4. Change Orders and other modifications of the Agreement. 

 

 5. Engineer's Field Orders or written instructions. 

 

 6. Approved Shop Drawings, Working Drawings and Samples. 

 

 7. Field test records. 

 

 8. Construction photographs. 

 

 9. Record survey. 

 

 

 B. Related Requirements Described Elsewhere: 

 

 1. Field Engineering and Record Survey: Section 01050 

 

 2. Shop Drawings, Working Drawings and Samples: Section 01340 

 

1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES 

 

 A. Store documents and samples apart from documents used for construction. 

 

 1. Provide files and racks for storage of documents. 

 

 2. Provide locked cabinet or secure storage space for storage of samples. 

 

 B. File documents and samples in accordance with CSI format with section numbers as 
provided herein. 


 

 C. Maintain documents in a clean, dry, legible, condition and in good order. Do not use 
record documents for construction purposes. 

 

 D. Make documents and samples available at all times for inspection by the Engineer. 

 

 E. As a prerequisite for monthly progress payments, the Contractor shall make 
available the currently updated "Record Documents" for review by the Engineer and 
Owner. 

 

1.03 MARKING DEVICES 

 

 A. Provide felt tip marking pens for recording information in the color code designated 
by the Engineer. 

 

1.04 RECORDING 

 

 A. Label each document "Project Record" in neat large printed letters. 

 

 B. Record information concurrently with construction progress. 

 

 1. Do not conceal any work until required information is recorded. 

 

 C. Drawings: Legibly mark to record actual construction: 

 

 1. All underground piping with elevations and dimensions including any 
changes to piping location. Provide horizontal and vertical locations of 
underground utilities and appurtenances, referenced to permanent surface 
improvements. Also specify actual installed pipe material, class, etc. 

 

 2. Field changes of locations, dimensions and details for surface improvements. 

 

 3. Changes made by Field Order or by Change Order. 

 

 4. Details not on original Drawings. 

 

 5. Equipment and piping relocations. 

 

 6. Any other deviations from the original Drawings. 

 

 D. Specifications and Addenda: Legibly mark each section to record: 

 

 1. Manufacturer, trade name, catalog number of Supplier of each product and 
item of equipment actually installed. 

 


 2. Changes made by Field Order or by Change Order. 

 

 E. Shop Drawings (after final review and approval): Maintain record drawings for each 
process equipment, piping, electrical system and instrumentation system. 

 

1.05 SUBMITTAL 

 

 A. At Contract closeout, deliver three sets of Record Documents to the Engineer for the 
Owner. 

 

 B. Accompany submittal with transmittal letter in duplicate, containing: 

 

 1. Date. 

 

 2. Project title and number. 

 

 3. Contractor's name and address. 

 

 4. Title and number of each Record Document. 

 

 5. Signature of Contractor or his authorized representative. 

 

PART 2 PRODUCTS (NOT USED) 

 

PART 3 EXECUTION (NOT USED) 

 

 

 

 

 END OF SECTION 


 

 

 

 

 

 

 

 

DIVISION 2 

 

SITE WORK 

 


SECTION 02100 

 

CLEARING AND GRUBBING 

 

 

PART 1 - GENERAL 

 

1.01 Description 

 

This section describes the work necessary to perform site preparation including, but 
not limited to, the removal and disposal of trees and other vegetation; clearing and 
grubbing; topsoil stripping; and the protection of existing improvements, both 
above and below ground. 

 

 

1.02 Related Work 

 

A. Related work specified elsewhere: 

 

1. Section 02221 – Trenching, Backfilling and Compacting 


 

PART 2 - PRODUCTS 

 

Not Used. 

 

PART 3 - EXECUTION 

 

3.01 Location of Existing Vegetation 

 

Existing trees, shrubbery and other vegetative material may not be shown on the 
Drawings. Inspect the site as to the nature, location, size and extent of vegetative 
material to be removed or preserved, as specified herein. All clearing and 
grubbing activities shall be confined within the limits of silt fence as delineated 
on the Drawings. 

 

3.02 Clearing 

 

Clearing shall consist of the felling, trimming, and cutting of trees into sections and 
the satisfactory disposal of the trees and other vegetation including down timber, 
snags, stumps, shrubs, brush, limbs, and other vegetative growth within the areas as 
specified herein. Remove all evidence of their presence from the surface including 
sticks and branches greater than 2 inches in diameter or thickness. Remove and 
dispose of trash piles, rubbish, and removed fencing. Protect trees, shrubs, 
vegetative growth, fencing, and other items that are not required to be removed. 
Preserve in place all trees and shrubs that are specifically indicated on the Drawings 
and/or specified herein to be preserved. 

 


3.03 Grubbing 

 

The Contractor shall completely remove to a depth of 18 inches below the 
completed surface all stumps, roots, and organic or other debris protruding through 
the ground surface. 

 

3.04 Top Soil Stripping 

 

Within the limits of excavation for the proposed construction, where there is 
existing vegetation, strip the upper 6 to 12 inches of soil in a manner that will result 
in mulching the soil with the small vegetation (other than trees and large shrubs). 
This mulched soil shall be kept separate from the general excavation in order to 
permit its reuse during restoration of the sites. 

 

3.05 Filling Depressions 

 

Depressions resulting from grubbing operations shall be completely filled with 
backfilling material as defined in Section 02221 of these specifications, unless 
further excavation or earthwork is required. 

 

Prior to filling, subgrade surfaces of depressions shall be free of standing water or 
frost. Soil materials not meeting the requirements of backfill material as defined in 
Section 02221 of these specifications shall be removed. 

 

Contractor shall place fill material in horizontal layers not to exceed 12 inches in 
loose depth. Each layer shall be compacted at the optimum moisture content to a 
density equal to the surrounding soil. Surface of filled depressions shall be graded 
to meet adjacent contours and to provide surface water drainage. 

 

 

3.06 Removal and Preservation of Trees, Shrubs and Other Plant Material 

 

1. All trees with trunks 3 inches or larger in diameter (measured 3 feet above the 
ground surface) shall be preserved unless otherwise shown on the Drawings. 

 

2. All trees, shrubs, plants, and other vegetation beyond permanent easements, 
rights-of-way, and/or limits of clearing and grubbing shall be protected from 
damage. The Contractor shall be liable for the repair and/or replacement of any 
such plant materials. 

 

3. If branches of trees (which are to be preserved) extend into the working area, 
they may be cut and trimmed in manner that will result in a balanced 
appearance of the tree. Scars resulting from the removal of branches shall be 
treated with a tree sealant. 

 

3.07 Disposal of Cleared Debris 


 

The Contractor shall remove and dispose of all cleared material from the worksite 
in accordance with all local laws, codes, and ordinances. Haul materials to an offsite 
disposal area regulated and approved by the local government. On-site burial of 
cleared and grubbed material is strictly prohibited. 

 

 

END OF SECTION 


 SECTION 02140 

 

 DEWATERING 

 

1.00 GENERAL 

 

1.01 DESCRIPTION 

 

A. Work under this Section includes: 

 

1. Design and installation of a temporary system for dewatering 
purposes as required during construction of structures, pipe 
lines and appurtenances. 

 

 

B. Related work specified elsewhere: 

 

1. Section 02221 – Trenching, Backfilling and Compacting 


 

 

1.02 QUALITY ASSURANCE AND REGULATORY COMPLIANCE 

 

A. The dewatering of excavations and the disposal of water during 
construction shall be in strict accordance with all local and state 
government rules and regulations. 

 

B. Contractor shall obtain any necessary dewatering permits prior to 
initiating construction activity. 

 

2.00 PRODUCTS 

 

2.01 GENERAL 

 

A. The dewatering equipment shall be standard dewatering equipment of 
proven ability as designed and manufactured by firms having 
experience in the design and production of such equipment. The 
equipment furnished shall be designed, constructed, and installed in 
accordance with the best practices and methods. 

 

B. The dewatering system shall be designed in such a manner as to 
preserve the undisturbed bearing capacity of the subgrade soils and the 
preserve the integrity of adjacent structures. 

 

C. Electric pumps shall be utilized where practicable, in order to 
minimize noise. Residential type mufflers shall be used on all piston 
driven pumps or generators. 

 

3.00 EXECUTION 

 

3.01 SYSTEM PERFORMANCE 

 

A. Structures: Maintain the groundwater table a minimum of 3 feet below 
the required excavation depth. Maintain this dry condition until the 


foundation soil and backfill materials have been compacted to a level 
above the naturally occurring groundwater table. 

 

B. Pipe Lines: Maintain the groundwater table a minimum of 1-foot 
below the required excavation depth. Maintain excavation in a dry 
condition until backfill has been placed and compacted a minimum of 
18 inches above top of pipe. In all cases, maintain dry trench at 
backfill level. 

 

C. Monitor the performance of the dewatering system during the progress 
of the work and make such modifications as may be required to assure 
that the system performs satisfactorily. 

 

D. Discharge water shall be clear, with no visible soil particles. Stilling 
ponds or other methods of filtering silt may be necessary for sumping 
operations. Discharge from dewatering shall be disposed of in such a 
manner that it will not interfere with the normal drainage of the area in 
which the Work is being performed, create a public nuisance, or form 
ponding. 

 

E. The operations shall not cause injury to any portion of the Work 
completed, or in progress, or to the surface of streets, or to private 
property. The dewatering operation shall comply with the 
requirements of appropriate regulatory agencies. Additionally, where 
private property will be involved, advance permission shall be 
obtained by the Contractor, in writing. Permission shall be obtained 
prior to discharging into storm drains. Discharging into sanitary sewer 
systems shall not be permitted. 

 

 

3.02 PROTECTION AND SITE CLEANUP 

 

A. At all times during the progress of the work, take all reasonable 
precautions to prevent either tampering with the dewatering equipment 
or the entrance of foreign material. 

 

B. Immediately upon completion of the dewatering activity, remove all 
dewatering equipment, materials, and supplies from the site; remove 
all surplus materials and debris; and fill in all holes or excavations. 

 

 

 

 END OF SECTION 


 SECTION 02221 

 

 TRENCHING, BACKFILLING AND COMPACTING 

 

1.00 - GENERAL 

 

1.01 DESCRIPTION 

 

A. Work Included: 

 

1. Trench excavation, bedding, backfill and compaction for 
construction of pipe lines. 

2. Minimizing disturbance in trench and grassed areas. 

3. Disposal of excavated materials, including salvage of material and 
removal of excess, or material not suitable for reuse. 

4. Maintenance of excavations. 

5. Excavation and backfill of test pits. 

6. Protection of all structures, buildings, utilities and landscaping. 
7. Coordination of materials and compaction testing. 
8. Compliance with OSHA and Florida Trench Safety Act. 


 

B. Related Work Specified Elsewhere: 

 

1. Section 01410: Testing and Laboratory Services 
2. Section 02100: Clearing and Grubbing 
3. Section 02140: Dewatering 
4. Section 15062: Polyvinyl Chloride Pipe and Fittings 


 

C. References: 

 

1. Codes, Specifications, and Standards 

 

Codes, specifications, and standards referred to by number or title 
shall form a part of this specification to the extent required by the 
reference thereto. Latest revisions shall apply, unless otherwise 
shown or specified. 

 

2. American Association of State Highway and Transportation 
Officials (AASHTO) Standards 

 

AASHTO T99 Moisture-Density Relations of Soils 
Using a 5.5-lb. [2.5 kg] Rammer and 
a 12-inch [305 mm] Drop 

 

AASHTO T180 Moisture-Density Relations of Soils 
Using a 10-lb. [4.54 kg] Rammer and 
an 18-inch [457 mm] Drop 

 


3. American National Standards Institute (ANSI) and American 
Water Works Association (AWWA) Standards 


 

ANSI/AWWA C600-17 AWWA Standard for Installation of 
Ductile-Iron Water Mains and Their 
Appurtenances 

 

ANSI/AWWA C605-13 AWWA Standard for Underground 
Installation of Polyvinyl Chloride 
(PVC) and Molecularly Oriented 
Polyvinyl Chloride (PVCO) Pressure 
Pipe and Fittings 

 

ANSI/AWWA C900-16 AWWA Standard for Polyvinyl 
Chloride (PVC) Pressure Pipe and 
Fabricated Fittings, 4 in. - 60 in. 

 

4. American Society for Testing and Materials (ASTM) Standards 

 

ASTM D2487 Classification of Soils for 
Engineering Purposes 

 

5. Florida Department of Transportation (FDOT) Standards 

 

FDOT Specification Florida Department of 
Transportation Standard 
Specifications for Road and Bridge 
Construction 

 

1.02 QUALITY ASSURANCE 

 

A. Allowable Tolerances: 

 

1. Alignment of excavation to permit construction of utilities to the 
tolerances specified or indicated on the contract drawings. 

 

a. Trench Bottom: Do not excavate more than necessary for 
proper bedding and installation. 

 

b. Trench Sides: Do not excavate more than excavation line 
shown in section on drawings or as specified. 

 

B. Soil and Materials Testing 

 

1. Contractor shall provide and pay for, through an independent firm, 
materials testing and compaction inspection for quality control 
during construction operations. Contractor shall facilitate all 
testing in compliance with Section 01410 (Testing laboratory 
Services). 

 

C. Florida Trench Safety Act 

 

1. Contractor shall comply with all provisions of the Florida Trench 
Safety Act as well as applicable OSHA standards. 


 

1.03 SUBMITTALS 

 

A. Shop Drawings: 

 

Prior to start of work, submit drawings, details and design analysis 
prepared by a professional engineer licensed to practice in Florida for the 
following: 

 

1. Sheeting and bracing for excavations 10 feet deep and deeper. 

 

2. Excavations requiring specially designed sheeting in accordance 
with safety codes and regulations. 

 

3. If well-point system is required, submit shop drawings and 
calculations for the well-point system. 

 

1.04 MATERIAL DELIVERY, STORAGE AND HANDLING 

 

A. Load and haul away excavated material not suitable for other uses at the 
site. Keep haul routes clean. Use water, calcium chloride, power broom 
and other methods to keep haul routes clean and free of dust. 

 

B. Store and stockpile material suitable for backfill within rights-of-way and 
easements, away from interference with traffic, and nearby residents. Use 
all stockpiled material as soon as practical. Do not allow material to 
become contaminated. Do not allow material to erode, washing into 
trench, onto road, or adjacent property. 

 

1.05 JOB CONDITIONS 

 

 

A. General Requirements 

 

1. Contractor shall, by the end of each work day, backfill all trenches, 
holes, or other excavations to provide a compacted surface level 
with the existing ground surface at no additional cost to the Owner. 

 

B. Sequencing, Scheduling 

 

1. Notify Engineer three working days in advance of construction of a 
requirement to check layout. 

 

1.06 GUARANTEE 

 

A. Owner requires guarantee against trench settlement to be furnished by 
Contractor: 

 

1. By acceptance of payment for the Work of this Section, Contractor 
guarantees for one year after Substantial Completion as follows: 

 

a. For trenches in unpaved areas surface settlement will not 


exceed one inch. 

b. For trenches in paved areas, surface settlement will not 
occur. 

c. For all trenches, pipe zone bedding will not settle or be 
displaced causing damage or misalignment of utility. 

d. In case trench settlement occurs in excess of the above 
limits, Contractor shall repair all surfaces and utilities at no 
additional cost to Owner. 

 

1.07 DEFINITIONS 

 

A. Pipe zone bedding: Backfill placed and compacted including bedding, 
haunching and initial backfill. 

 

B. Bedding: Material placed and compacted at the bottom of trench or 
foundation upon which the pipe rests. 

 

C. Haunching: Material placed and compacted from the bedding up to the 
spring line (horizontal centerline) of the pipe, supporting the bottom half 
of the pipe. 

 

D. Initial backfill: Material placed and compacted from the spring line of the 
pipe to a plane 12 inches above the top of pipe. 

 

E. Foundation: Material placed and compacted below bedding. 

 

F. Final backfill: Material placed and compacted above initial backfill to the 
surface or bottom of pavement base. 

 

G. Top soil: Earth containing sufficient organic material to support the 
growth of grass. 

 

2.00 - PRODUCTS 

 

2.01 BACKFILL MATERIALS 

 

A. Clean, granular material composed of sand, clay, rock or gravel obtained 
from the excavation or, if necessary, from a borrow area. 

 

1. Containing no more than 8% passing the No. 200 sieve. 

 

2. Gradation of this granular material shall be of a mix such as it will 
permit compaction to the specified densities. 

 

3. Do not use: 

 

a. Material containing more than 1% by weight of organic 
matter. 

b. Clay balls larger than 2 inches. 

c. Rubbish, trash or old pavement. 

 


4. Limit pipe zone bedding particle size as follows: 

 

a. Concrete, steel, 2" 

 iron, CMP 

 

5. For plastic pipe use pipe zone bedding, as follows: 

 

a. Class I - 1/4" to 1-1/2" angular graded stone, coral, slag, 
cinders, crushed stone and crushed shells. 

b. Class II - Coarse sands and gravels with maximum 1-1/2" 
size, including variously graded sands and gravels 
containing small percentages of fines, generally granular, 
non-cohesive either wet or dry. 

 

6. Backfill materials for foundation if required and backfill above 
pipe zone bedding, generally granular, excluding rocks or pieces 
larger than two inches. 

 

B. Water For Compaction 

 

1. pH of 7.0 to 9.0. 

 

2. Free of acid, alkali or organics injurious to pipe or coatings. 

3. Meeting FDOT Specification 983 “Water for Grassing.” 

 

 

3.00 - EXECUTION 

 

3.01 INSPECTION 

 

A. Prior to all work, carefully inspect the site and verify that construction 
may properly commence: 

 

1. Before excavation: 

 

a. Verify layout, horizontal and vertical, and conformance of 
layout with Contract Drawings. 

b. Verify Limits of Construction. 

c. Check surface drainage ditch and driveway culverts. 
Record alignments, both vertical and horizontal. Also, 
inspect culvert pipes and immediately report to the 
Engineer any condition that would prevent removal and 
reinstallation. 

d. Verify existing utility locations, both horizontally and 
vertically. 

e. Record location, size and description of property to be 
removed and replaced including, but not limited to, curbs, 
driveways, pavements, plantings and lawn furnishings. 

f. Accurately survey and record the location of property pins, 
bench marks, USGS monuments and ROW markers within 


the limits of construction that may be moved by the 
Contractor’s operations. Use licensed surveyor only. 

g. Conduct such additional soil borings and subsurface 
investigations as Contractor deems necessary to verify 
existing subsurface conditions. The Owner will not be 
responsible for presumed or existing soil conditions in the 
Work area. 

 

2. After excavation, verify that utilities to be placed in trenches may 
be installed in accordance with pertinent drawings and 
specifications. 

 

3. Before backfilling, verify that: 

 

a. Utilities have been installed in accordance with pertinent 
drawings and specifications. 

b. Other utilities are adequately continued, supported and 
maintained without damage. 

 

B. In the event of discrepancy or unsatisfactory conditions, immediately 
notify the Engineer. 

 

C. Do not make alignment changes without written authorization by 
Engineer. 

 

3.02 PREPARATION 

 

A. Before commencing excavation in any part of the job, notify the following 
entities: 

 

1. Owner. 
2. Engineer. 
3. Adjacent and affected property occupants. 
4. The Fire Department. 
5. The Police Department – Traffic Division. 
6. All public and private utilities whose facilities are in the vicinity of 
the excavation, including gas and oil pipeline companies. 
7. Any other entities to be notified as stated on the Drawings. 


 

B. Where public and/or private utilities are encountered: 

 

1. There shall be no interruption of utility service caused by the 
construction work, unless written approval is obtained from the 
owner of the utility service. 


 

2. Maintain, support, and save from damage all public utilities. 

 

3. Allow reasonable time and space for owners of private utilities to 


cooperate in maintaining their facilities. 

 

4. Excavate test pits. 

 

a. In advance of construction to determine precise location of 
obstructions and existing utilities. 

b. Size: 3-feet square to the depth required, unless larger pit is 
required to adequately investigate utility locations. 

c. Prior to excavation, notify affected utility owners. 

d. Test pits shall include necessary excavation, temporary 
sheeting, dewatering, backfilling, compaction and 
pavement replacement. 

 

3.03 PERFORMANCE 

 

A. Perform any necessary clearing and grubbing in conformance with 
specification Section 02100 (Clearing and Grubbing). 

 

B. Trench and Excavation 

 

Perform all earth excavation and rock excavation for construction of 
utilities. 

 

1. Disposal of Excavated material: 

 

a. Store material suitable for backfill only within the work 
area. Do not obstruct streets or private access roads. Protect 
material from contamination. 

b. Immediately remove all material not suitable for backfill 
without undue delay. 

 

2. Perform excavation in such manner and to such widths as will give 
ample room for installing the pipe, appurtenances, and structures 
requiring a cast-in-place concrete base. In case trench bottom is 
disturbed, carefully excavate to undisturbed level and fill with 
concrete or compacted foundation material at no additional cost to 
Owner. 

 

3. Unauthorized Excavation - unauthorized excavations carried 
outside lines and grades shown on Contract Drawings shall be 
filled by Contractor at no additional cost to Owner as follows: 

 

a. Below concrete bedding, concrete encasement or concrete 
foundation, fill unauthorized excavations with 3000 psi 
concrete. 

b. Below granular bedding, fill unauthorized excavation with 
compacted foundation material. 

 

4. Maintenance of Trench. 

 

a. Sloped sides of excavations shall comply with local codes 


and ordinances, and with OSHA requirements. Contractor 
shall shore and brace where sloping is not possible due to 
space restrictions or instability of the material being 
excavated. Shoring and slopes shall be maintained in a safe 
condition until completion of the work. 

b. Keep sides of excavation from slides and cave-ins. Use any 
method including, but not limited to, temporary sheeting, 
shoring, bracing, cribbing, or trench box. 

c. Furnish and install sheeting and bracing to support the sides 
of all trenches and other excavations. Remove sheeting and 
bracing as excavation is filled up, except where the 
Engineer orders the sheeting left in place. Cut off sheeting 
left in place 30 inches below grade. 

d. Keep excavations free from water. Use methods including 
gravity flow, pumping, sumps, or well-point system. If 
using a gravity flow method, do not drain trench water 
through pipeline under construction. Dispose of water in a 
manner to avoid damage to property. Maintain excavation 
in a dry condition until backfill has been placed and 
compacted a minimum of 18 inches above top of pipe. In 
all cases, maintain dry trench at backfill level. All 
dewatering shall be performed in compliance with local 
government and Water Management District requirements. 

e. Perform work such that the work area is protected from 
pedestrian and vehicular traffic. At the end of each work 
day, completely backfill trench so that it will not impede 
the normal flow of traffic. 

f. Maintain backfilled excavation in a compacted, driveable 
manner until construction of the permanent pavement 
replacement. 

 

C. Bedding 

 

1. Construct trenches for pipelines with the bottoms as shown on the 
Contract drawings conforming to the required grades. Excavate to 
the depths required. 


 

2. If the bottom of trench is or becomes unsuitable for pipe laying, 
due to the Contractor’s operations, provide extra excavation and 
backfill with bedding material suitable to the conditions at the area, 
at no additional cost to Owner. 


 

3. If the bottom of the trench is soft and, in the opinion of the 
Engineer, cannot support the pipe or structure, perform additional 
trench excavation as ordered by the Engineer, and construct a 
crushed stone, gravel or concrete foundation for bedding. 

 

4. Structures shall rest on firm undisturbed earth, structural fill, or as 
otherwise shown on the Drawings. 

 

D. Shaping 


 

1. Trim and shape trench bottom to receive pipe at correct line and 
grade. 
2. Shape trench to provide a uniform, continuous support along the 
entire length of the barrel of each pipe section. Hand-shape firm 
unyielding bedding so that the bottom segment equal to one-sixth 
(1/6) of pipe diameter will be in continuous contact with the pipe 
barrel. 
3. At each pipe joint or bell, excavate bedding so that no part of joint 
or bell rests on the bedding. 
4. Pipe bedding shall be compacted to a minimum density of 95 
percent of the maximum dry density as determined by AASHTO 
T-180. 


5. After pipe has been bedded, place backfill simultaneously on each 
side of pipe keeping the level of material the same and compact 
filling all voids. Backfill shall be compacted to a minimum density 
of 98 percent of the maximum dry density as determined by 
AASHTO T-180 under paved areas, and 95 percent under other 
areas. Use care when placing and compacting around exposed pipe 
to avoid lateral movement of pipe. Do not permit free fall of 
material in trench until at least 12 inches of backfill has been 
placed and compacted over top of pipe. 

6. Construct pipe zone bedding in layers not exceeding six inches 
compacted thickness. 

 

E. Ditch Line Dikes 

 

1. Construct an impervious earth dike at trench bottom to keep free 
water from traveling downstream along pipe and eroding pipe 
bedding. 

 

a. Construct dike of clay or other impervious material. 

b. Construct one-foot thick and from bottom of trench to top 
of pipe. 

c. At intervals not exceeding 100 feet, and other places as 
ordered by the Engineer. 

 

F. Final Backfill 

 

1. Place and compact final backfill in layers not exceeding 12 inches. 
Backfill shall be compacted to a minimum density of 98 percent of 
the maximum dry density as determined by AASHTO T-180 under 
paved areas, and 95 percent under other areas. 

 

2. Under pavements, trim and compact surface to receive pavement 
base. 

 

3. In nonpaved areas where possible, mound additional fill material 
over trench to provide for settlement. 

 

4. Do not backfill against new masonry walls or other structures until 


they have attained sufficient strength to resist the thrust of fill 
material placement and compaction safely. 

 

G. Compaction Test Locations 

 

 

1. Perform one compaction test for each 200-feet of pipe. Compaction 
tests shall be taken at staggered locations and elevations 
throughout the length of the pipe route. The Owner may determine 
that more compaction tests are required to certify the installation 
depending on field conditions. 

 

2. The locations of compaction tests within the trench shall be in 
conformance with the following schedule: 

 

a. One test at the spring line of the pipe. 

b. One test for each 12” layer of backfill above top of pipe. 

 

3. If the soil is below the specified density as determined by the 
compaction test, Contractor shall provide additional compaction 
and testing prior to commencing further construction. 

 

 

END OF SECTION 


SECTION 02222 

 

PROTECTING EXISTING UNDERGROUND UTILITIES 

 

 

PART 1 - GENERAL 

 

1.01 Description 




 

A. This section includes materials and procedures for locating and protecting existing 
underground utilities. 


 

B. Contractor shall furnish all labor, materials and equipment necessary to physically 
locate all existing utilities using non-destructive digging equipment, supplies and 
personnel experienced in the use of subsurface utility engineering. The precise 
horizontal and vertical positions of existing utilities shall be determined. The 
work also includes obtainment of any necessary approvals from governmental 
and/or regulatory authorities for the excavation activity. 


 

1.02 Related Work 

 

A. Related work specified elsewhere: 

 

1. Section 02221 – Trenching, Backfilling and Compacting 
2. Section 02482 – Landscaping for Utilities 


 

PART 2 - PRODUCTS 

 

2.01 Materials 

 

A. Replacement in Kind: 


 

1. Except as indicated below or as specifically authorized by the Engineer, 
reconstruct utilities with new material of the same size, type, and quality 
as that removed. 






 

PART 3 - EXECUTION 

 

3.01 General 




 

A. General 


 

1. Replace in kind street improvements, such as curbs and gutters, 
barricades, traffic islands, signalization, fences, signs, etc., that are cut, 
removed, damaged, or otherwise disturbed by the construction. 





2. Where utilities are parallel to or cross the construction but do not conflict 
with the permanent work to be constructed, follow the procedures given 
below and as indicated in the Drawings. Notify the utility owner at least 
72 hours in advance of the crossing construction (or as otherwise noted on 
the Drawings) and coordinate the construction schedule with the utility 
owner’s requirements. For utility crossings not shown in the Drawings, 
refer to the General Conditions and the instructions of the Engineer for 
guidance. 
3. Determine the true location and depth of utilities and service connections 
which may be affected by or affect the work. Determine the type, material, 
and condition of these utilities. In order to provide sufficient lead time to 
resolve unforeseen conflicts, order materials and take appropriate 
measures to ensure that there is no delay in work. 
4. Via vacuum excavation, remove and temporarily store the soil. After 
examination of the exposed underground utility, return the stored soil to 
the excavated test hole and restore the surface to its original state; asphalt 
or concrete patch shall be installed when applicable. Assume all existing 
utilities are active and must be maintained in service. 




 

5. Expose existing utilities sufficiently in advance of construction as required 
to maintain the construction schedule while concurrently protecting the 
existing utilities from damage. Should uncharted or incorrectly charted 
piping or other utilities be encountered during excavation, the Contractor 
shall consult the Owner of such piping or utility immediately for 
directions. 




 

6. Contractor shall be responsible for reconstructing any damaged utilities at 
Contractor’s expense. However, it is acknowledged that it may not be 
possible for Contractor to comprehensively identify and protect the 
following existing landscape irrigation system components: 




 

a. Laterals which connect to the irrigation mains 
b. Sprinklers and spray heads 
c. Drip irrigation lines 
d. Wiring located external to irrigation mains and control units 


 

Contractor shall endeavor to avoid damage to the above listed landscape 
irrigation system components to the extent possible. Such components 
which are unavoidably damaged, and are located within the confines of the 
silt fence delineated on the Drawings, shall be repaired by the Owner at 
Owner’s expense. However, such components which are damaged, and are 
located beyond the confines of the silt fence, shall be repaired by the 


Contractor at Contractor’s expense in compliance with specification 
Section 02482. 

 

B. Procedures: 


 

1. Protect in Place: Protect utilities in place, unless abandoned, and maintain 
the utility in service, unless otherwise specified in the Drawings or in the 
specifications. 




 

2. Cut and Plug Ends: Cut abandoned utility lines and plug the ends. Plug 
storm drains and sewers with an 8-inch wall of brick and mortar. Cap 
waterlines with a cast-iron cap or install a 3-foot-long concrete plug. 
Dispose of the cut pipe as unsuitable material. 




 

3. Remove and Reconstruct: Where so indicated in the Drawings or as 
required by the Engineer, remove the utility and, after passage, reconstruct 
it with new materials. Provide temporary service for the disconnected 
utility. 




 

C. Compaction 


 

1. Utilities Protected in Place: Backfill and compact under and around the 
utility so that no voids are left. 




 

2. Utilities Reconstructed: Prior to replacement of the utility, backfill the 
trench and compact to an elevation 1 foot above the top of the ends of the 
utility. Excavate a cross trench of the proper width for the utility and lay, 
backfill, and compact. 




 

3. Alternative Construction – Sand Slurry: Sand slurry consisting of one sack 
(94 pounds) of Portland cement per cubic yard of sand and sufficient 
moisture for workability may be substituted for other backfill materials to 
aid in reducing compaction difficulties. Submit specific methods and 
procedures for the review of the Engineer prior to construction. 




 

 

END OF SECTION 


SECTION 02445 

 

HORIZONTAL DIRECTIONAL DRILLING 

 

 

PART I - GENERAL 

 

1.01 WORK INCLUDED 

 

A. The work specified in this Section consists of furnishing and installing 
underground utilities using the Horizontal Directional Drilling (HDD) installation 
method, also commonly referred to as a Directional Bore. 

 

1.02 REFERENCED STANDARDS 

 

A. AWWA - American Water Works Association 
B. ASTM - American Society for Testing and Materials 


 

1.03 QUALITY ASSURANCE 

 

A. The requirements set forth in this Specification specify a general range of 
procedural precautions necessary to ensure that the very basic, essential aspects of 
a proper Directional Bore installation are adequately controlled. Adherence to the 
specifications contained herein, or the Engineer's approval of any aspect of any 
Directional Bore operation covered by this Specification, shall in no way relieve 
the Contractor of his ultimate responsibility for the satisfactory completion of the 
work. 

 

1.04 SUBMITTALS 

 

A. Submit shop drawings and product data for the products specified in this section 
in conformance with Section 01340. 

 

B. Submit a complete list of all drilling fluid additives and mixtures to be used in the 
directional operation along with their respective Material Safety Data Sheets. 

 

C. Submit a report of procedure and subsurface soil conditions as they exist along 
the path of the proposed crossings. The report shall insure that the subsurface 
conditions are known to the Contractor and that his proposed crossing procedure 
is based on factual information. The report for each crossing shall include the 
following: 

 


1. The general classification of soils along the path of the proposed crossing 
along with the method of obtaining this information. 

 

2. A list of equipment expected to be used for the Directional Bore, including 
special equipment and materials required for various soil conditions. 

 

3. Time schedule for completing each Directional Bore, including any delays 
due to particular soil conditions. 

 

D. Submit calculations documenting that the pipe is designed to withstand the system 
pressures and stresses, including pullback stress. This shall include calculations of 
the required HDPE pipe DR. 

 

1.05 JOB CONDITIONS 

 

A. Planned nighttime work is expressly prohibited and will not be allowed unless 
stipulated in the special conditions of the Contract. 

 

B. All crossing operations shall be accomplished during daylight hours and shall not 
begin after the hour pre-established as the latest starting time that will allow 
completion during daylight hours. 

 

1.06 PRODUCT DELIVERY, STORAGE AND HANDLING 

 

A. Pipe shall be handled to prevent damage. Damage to the pipe shall be repaired to 
the satisfaction of the Owner or shall be removed from the job. When not being 
handled, the pipe shall be supported on cradles or on properly prepared ground, 
graded to eliminate all stress points and to provide uniform support along the full 
length. Any unit of pipe that, in the opinion of the Owner, is damaged beyond 
repair shall be removed from the site of the work and replaced with another unit. 

 

B. Handle all materials in accordance with manufacturer's recommendations to avoid 
any damage or deterioration. 

 

C. Store all materials in such a manner as to protect against damage, and in locations 
that they will not interfere with public or private access or create a hazard. 

 

D. Dirt or other foreign material shall be prevented from entering the pipe during 
handling operations. At times when pipe installation is not in progress, the open 
ends of the pipe shall be closed by a water-tight plug. 

 

PART 2 - PRODUCTS 

 

2.01 EQUIPMENT 

 


A. General: All equipment in the Directional Bore shall have the capacity, stability, 
and necessary safety features required to fully comply with the specifications and 
requirements of this section without showing evidence of undue stress or failure. 
It shall be the responsibility of the Contractor to assure that the equipment to be 
used in the Directional Bore is in sound operating condition. Backup equipment 
may be required in the event of an equipment breakdown and where the condition 
of the equipment to be used indicates that routine component replacement or 
repair will likely be necessary during the Directional Bore. 

 

B. Directional Drilling System: All tunneling system components shall be in sound 
operating condition with no broken welds, excessively worn parts, badly bent, or 
otherwise misaligned components. All ropes, cables, clamps, and other nonmechanical 
but essential items shall be in sound condition and replaced 
immediately when need is apparent. 

 

C. Spoils Equipment: The bentonite removal system shall include a self-contained 
vacuum truck which has sufficient vacuum and capacity to remove excess 
bentonite mixture from the project site. 

 

D. Magnetic Guidance System: A Magnetic Guidance System (MGS) probe and 
interface shall be used to provide a continuous and accurate determination of the 
location of the drill head during the drilling operation. The tracker shall be 
capable of tracking at all depths up to one hundred feet and in any soil condition, 
including hard rock. It shall enable the driller to guide the drill head by providing 
immediate information on the tool face, azimuth (horizontal direction), and 
inclination (vertical direction). The tracker shall be accurate to plus or minus 2% 
of the vertical depth of the borehole at sensing position at depths up to one 
hundred feet. Ferrous materials shall not influence or affect the MGS readings or 
accuracy. 

 

E. Components: The Contractor shall supply all components and materials to install, 
operate, and maintain the MGS. This shall include, but not be limited to, the 
following: MGS Probe and Interface Computer, Printer, Software DC Power 
Source, Current Control Box, and Tracking Wire. The Magnetic Guidance System 
shall be a Sharewell TruTracker MGS, or other approved wire guidance system, 
and shall be setup and operated by personnel experienced with this system. 

 

F. It is permissible to use a “walk-over” tracking system in accessible drilling 
locations, subject to the following conditions: 

 

1. Necessary access is granted by the property owner and the applicable 
regulatory authority, and such permission is obtained by the Contractor prior 
to the drilling operation, and; 



2. The walk-over tracking system shall be capable of providing all required 
location information (to the required degree of accuracy) as specified in this 
Section. 


 

If the above conditions cannot be met at specific drilling locations, then a 
Magnetic Guidance System (MGS) shall be used as described in this Section. It is 
permissible to use a MGS at any drilling location. 

 

G. If equipment breakdown or other unforeseen stoppages occur and forward motion 
of the directional cutting head is halted at any time other than for reasons planned 
in advance (addition of drill stems, etc.), the boring path shall be immediately 
filled with a proper bentonite solution, or as directed by the Engineer. 

 

H. The boring tool shall have steering capability and have an electronic tool 
detection system. The position of the tool during operation shall be capable of 
being determined accurately, both horizontally and vertically, within 2% of the 
vertical depths of the borehole. 

 

2.02 PIPE AND LOCATOR WIRE 

 

A. All pipe to be installed by the Directional Bore operation shall be High Density 
Polyethylene (HDPE) Pipe and shall conform to AWWA Standard C906-15, 
Polyethylene (PE) Pressure Pipe and Fittings, 4 In. Through 65 In., for 
Waterworks. The pipe shall be DR 11, pressure class 200, ductile iron pipe 
outside diameter, and shall be manufactured using PE 4710 resin. However, per 
the requirements of paragraph 1.04.D, if the Contractor determines that a thicker 
HDPE pipe is required, such as DR 9, Pressure Class 250, then such pipe shall be 
provided. The pipe shall be marked with continuous purple stripes denoting 
reclaimed water service. 

 

B. HDPE pipe shall be installed with locator wire specifically designed for HDD 
applications. The wire shall be insulated (purple jacket), copper clad steel, 10 
gauge, and shall be 1045P-EHS as manufactured by Cooperhead Industries or 
approved equal. Splices shall be contained within a water tight silicone filled 
jacket. 

 

2.03 MECHANICAL JOINT ADAPTER KIT 

 

A. HDPE pipe terminations shall be fitted with a mechanical joint adapter kit that 
will enable the HDPE pipe to be joined with mechanical joint fittings. The adapter 
shall be AWWA compliant, and the pressure rating for the adapter shall match the 
pressure rating for the HDPE pipe. The adapter kit shall include the following 
items: 

 


1. HDPE molded butt fusion MJ adapter (DIPS OD) furnished with stainless 
steel stiffeners. 
2. For adapters 14-inches and greater, AWWA C110 epoxy coated ductile iron 
gland ring, SBR gasket and steel T-bolts, ASTM A536 materials standard. 
3. For adapters 12-inches and smaller, AWWA C153 epoxy coated ductile iron 
gland ring, SBR gasket and steel T-bolts, ASTM A536 materials standard. 




 

B. The mechanical joint adapter kit shall be as manufactured by Integrity Fusion 
Products, Peachtree City, Georgia, or approved equal. 

 

2.04 DRILLING FLUIDS 

 

A. A mixture of Bentonite clay and potable water is to be used as the cutting fluid for 
the Directional Bore. The Bentonite mixture used shall have the minimum 
viscosities as measured by a March Funnel: 

 

 Rock Clay 60 sec. 

 Hard Clay 40 sec. 

 Soft Clay 45 sec. 

 Sandy Clay 90 sec. 

 Stable Sand 120 sec. 

 Loose Sand 150 sec. 

 Wet Sand 150 sec. 

 

These viscosities may be varied to best fit the soil conditions encountered, as 
approved by the Engineer. 

 

B. No other chemicals or polymer surfactant shall be used in the drilling fluid 
without written consent of the Engineer, and after a determination is made that the 
chemicals to be added are not harmful or corrosive to the facility and are 
environmentally safe. 

 

PART 3 - EXECUTION 

 

3.01 PERSONNEL REQUIREMENTS 

 

A. A competent and experienced supervisor representing the Contractor shall be 
present at all times during the actual crossing operations. A responsible 
representative that is thoroughly familiar with the equipment and type of work to 
be performed must be in direct charge and control of the operation at all times. In 
all cases the supervisor must be continually present at the job site during the 
actual Directional Bore operation. 

 


B. The Contractor shall have a sufficient number of competent workers on the job at 
all times to ensure the Directional Bore is made in a timely and satisfactory 
manner. Adequate personnel for carrying out all phases of the actual Directional 
Bore operation must be on the job site at the beginning of work. 

 

 C. The Engineer must be notified 48 hours in advance of starting work. 

 

3.02 INSPECTION 

 

A. Prior to all work, carefully inspect the site and verify that construction may 
properly commence: 

 

1. Verify layout, horizontal and vertical, and conformance of layout with 
Drawings. 
2. Verify limits of construction. 
3. Verify existing utility locations, both horizontally and vertically. 
4. In the event of discrepancy or unsatisfactory conditions, immediately notify 
the Engineer. 
5. Do not make alignment changes without written authorization by Engineer. 


 

3.03 PREPARATION 

 

A. Before commencing construction, notify the following entities: 

 

1. Owner. 
2. Engineer. 
3. Adjacent and affected property occupants. 
4. The Fire Department. 
5. The Police Department – Traffic Division. 
6. All public and private utilities whose facilities are in the vicinity of the 
drilling operation, including gas and oil pipeline companies. 
7. Any other entities to be notified as stated on the Drawings. 


 

B. Where public and/or private utilities are encountered: 

 

1. There shall be no interruption of utility service caused by the construction 
work, unless written approval is obtained from the owner of the utility 
service. 


 

2. Maintain, support, and save from damage all public utilities in compliance 
with Section 02222. 

 


3. Allow reasonable time and space for owners of private utilities to 
cooperate in maintaining their facilities. 

 

3.04 INSTALLATION 

 

A. The polyethylene pipe sections shall be fused together according to 
manufacturer’s specifications by a certified technician. No fittings shall be 
installed in the directional bore. 

 

B. The fused pipe shall be strung-out in a manner that will not interfere with public 
or private access or create a hazard. 

 

C. The fused pipe shall be installed in accordance with the horizontal and vertical 
locations as depicted on the Drawings. Any location adjustments due to 
discovered conditions must be approved by the Engineer before proceeding with 
the drilling operation. 

 

D. Entry and exit locations, as well as intermediate centerline stationing shall be 
staked by the Contractor. 

 

E. All drilling equipment and materials shall be located in a manner that will not 
interfere with public or private access or create a hazard. 

 

F. The type and size of the pilot string cutting head shall be at the Contractor’s 
discretion. The type and outside diameter of the drill pipe to be used in the pilot 
string shall also be at the Contractor’s discretion. 

 

G. Upon completion of the pilot hole phase of the operation, a complete set of asbuilt 
records shall be submitted in duplicate to the Engineer and the Owner. These 
records shall include copies of the plan and profile drawing, as well as directional 
readings recorded during the drilling operation. 

 

H. Upon approval of the pilot hole location by the Engineer and Owner, the hole 
enlarging or back reaming phase of the installation shall begin. The borehole 
diameter shall be increased to accommodate the pullback operation of the pipe. 
The type of back reamer to be utilized in this phase shall be determined by the 
types of subsurface soil conditions that have been encountered during the pilot 
hole drilling operation. The reamer type shall be at the Contractor’s discretion. 

 

I. The open borehole may be stabilized by means of bentonite drilling slurry being 
pumped through the inside diameter of the drill pipe and through openings in the 
reamer. The slurry will also serve as an agent to carry the loose cuttings to the 
surface through the annulus of the borehole. 

 

1. Cuttings and bentonite slurry shall be contained within the entry and exits pits 
of the directional bore. Any excess cuttings and bentonite slurry that exceed 



the capacity of the entry and exit pits shall be contained within holding tanks 
or vacuum trucks. Construction of additional pits for containment of excess 
cuttings and bentonite slurry is prohibited. 
2. The slurry may be recycled for reuse in the hole-opening operation at the 
Contractor’s discretion. 
3. All bentonite slurry and cuttings shall be contained; no material shall be 
allowed to enter any unapproved area or natural waterways. 


 

J. Upon successful completion of the drilling process, the HDPE pipe may be pulled 
through the bore hole. 

 

K. All excess bentonite slurry and cuttings shall be removed from the project site by 
the Contractor and transported to an approved dumpsite for proper disposal. 
Construction of pits for the disposal of bentonite slurry and cuttings is prohibited. 

 

3.05 FIELD QUALITY CONTROL 

 

A. Pressure test the pipe in accordance with Specification 15042 (Hydrostatic 
Testing of Pressure Pipelines), subject to the following special requirements. Heat 
fusion joints must be completely cooled before pressure testing. 

 

1. Contractor shall test pipelines installed under this Contract in accordance with 
these specifications prior to acceptance of the pipeline by the Owner. All field 
tests shall be made in the presence of the Owner’s representative. Except as 
otherwise directed, all pipelines shall be tested. Unless approved otherwise by 
the Owner, all fusible or butt weld joints shall be tested. All piping shall be 
tested in sections of approved length. The pressure testing of an HDPE line 
section shall be tested separately from the PVC and ductile iron pipe (DIP) 
line sections. Where impractical, the HDPE test section shall include only a 
minimum amount of PVC and ductile iron pipe within the test section. If at all 
possible, the PVC and DIP test sections shall be left exposed during the 
pressure test for visual leakage observation. For these tests, the Contractor 
shall furnish potable water, suitable temporary testing plugs or caps, and other 
necessary equipment, and all labor required. The Contractor shall furnish 
suitable pressure gauges, calibrated by an approved testing laboratory, with 
increments no greater than 2 psi. Gauges used shall be of such size that 
pressures tested will not register less than 10% or more than 90% of the gauge 
capacity. All valved sections shall be hydrostatically tested to insure sealing of 
all line valves. 
2. Unless it has already been done, the section of pipe to be tested shall be filled 
with potable water and air shall be expelled from the pipe. If blow-offs or 
other outlets are not available at high points for releasing air, the Contractor 
shall provide 1 inch (minimum taps and blow-off valves at the 12:00 
position), as necessary. The cost of constructing blow-off valves and plugging 





them, after a successful pressure test, shall be included in the directional drill 
unit price. 




 

B. Following the pressure test, the results shall be furnished to the Engineer. Leaking 
pipes that cannot be repaired to meet pressure test requirements shall be filled 
with concrete, removed, or otherwise placed out of service as approved by 
Engineer. Contractor shall be responsible for constructing a replacement pipe at 
no additional cost to the Owner. 

 

C. The Contractor shall furnish plan and profile drawings showing the actual 
location, horizontally and vertically, of the installation, and all facilities found 
during the installation. 

 

3.06 RECORDS 

 

A. An accurate log shall be kept by the Contractor on all installations. 

 

B. The MGS data shall be recorded every 10 feet during the actual crossing 
operation. The Contractor shall furnish "As-Built" plan and profile drawings 
based on these recordings showing the actual location horizontally and vertically 
of the installation, and all utility facilities found during the installation. The MGS 
Data shall be certified accurate by the Contractor to the capability of the MGS 
System. 

 

 

END OF SECTION 


SECTION 02513 

 

ASPHALT PAVEMENT REMOVAL AND RESTORATION 

 

1.00 GENERAL 

 

1.01 DESCRIPTION 

 

A. Work Included: 

 

1. Open cuts shall not be permitted except as shown on the Drawings or as 
approved by the Owner and Engineer. 

 

2. Pavement, striping and concrete curbs shall be replaced in equal or better 
condition than the original as determined by the Engineer. 

 

3. Remove excavated material from site. 

 

B. Related Work: 

 

1. Division 2: Sitework 

2. Division 15: Mechanical 

 

C. Reference Standards: 

 

1. FDOT Standard Specifications for Road and Bridge Construction, latest 
edition 

 

1.02 JOB CONDITIONS 

 

A. Traffic Control 

 

1. Maintain traffic in accordance with Section 01570 (Traffic Regulation). 

 

2.00 PRODUCTS 

 

A. Base: 

 

1. Limerock. Meet FDOT Specification Section 911. 

 

B. Bituminous Coats: 

 

1. Prime Coat – Asphalt emulsion. Meet FDOT Specification Section 916-3. 
2. Binder – Superpave Performance Graded (PG) asphalt binder, PG 52-28. 
Meet FDOT Specification Section 916-2. 



 

C. Asphalt Concrete: 

 

1. Superpave Asphalt Concrete – Type SP-9.5. Meet FDOT Specification 
Section 334. 

 

D. Concrete Curb: 

 

1. Portland Cement Concrete, Class NS. Meet FDOT Specification Section 347 
and FDOT Specification Section 520. 

 

3.00 EXECUTION 

 

A. Contractor shall conform to the requirements of the FDOT and issued right-of-way 
utilization permits. 

 

B. Saw-Cutting: 

 

1. Where existing pavement is to be removed, saw-cut the surface, leaving a 
uniform straight edge with minimum disturbance to the remaining adjacent 
surface. 


 

C. Pavement Replacement: 

 

1. Compact the trench backfill in 6-inch lifts to 98% Modified Proctor 
Maximum Dry Density in accordance with AASHTO T-180. 

 

2. Provide the following minimum pavement structure: 

 

a. Subgrade: Construct stabilized subgrade to match existing subgrade 
in conformance with FDOT Specification Section 160. 

 

b. Base: Provide limerock base course conforming to Section 230 of the 
FDOT Specifications. Base thickness shall be as specified on the 
Drawings. Surface elevation of limerock to match that of the top of 
the adjoining existing pavement base course. 

 

c. Prime Coat: Apply prime coat in conformance with FDOT 
Specification Section 300-7. 

 

d. Asphalt Concrete Pavement: Construct pavement in compliance with 
FDOT Specification Section 334. Compacted thickness as required to 
match existing pavement. Finish surface, grade, cross section, and 
depth of asphalt surface shall match the existing surface. However, 
the minimum thickness of the replaced asphalt surface shall not be 
less than 1-1/2-inches. 


 

3. Traffic Striping and Markings: 

 

a. Meet requirements of FDOT Standard Specifications, Section 710, 
Painted Pavement Markings, and Section 711, Thermoplastic 
Pavement Markings, where applicable. Traffic striping and markings 
shall be replaced with the same type of striping and/or markings as 
removed. 

D. Settlement of Pavement: 

 

All settlement and raveling of pavement occurring during the construction and 
warranty periods shall be repaired or replaced by the Contractor at no additional cost 
to the Owner. 

 

E. Concrete Curbs: 

 

1. Construct curbs, combination curb and gutter, and integral curb and gutter in 
accordance with these Specifications and in conformance with the existing 
lines and grades, or as directed by the Engineer. Comply with FDOT 
Standard Index 520-001. 

 

2. Excavate for curbs to the required depth, and compact the subgrade or base 
upon which the curb is constructed to a firm, even surface at not less than 
98% of Modified Proctor Maximum Dry Density as determined by AASHTO 
T-180. 

 

3. Construct curbs by the use of wood or metal forms; or, if approved by the 
Engineer, construct curbs using a curb slipform machine. Use forms which 
are straight, free from warped or bent sections, and extend for the entire 
depth of the curb. Hold forms securely in place and prevent deviation from 
alignment or grade during placement of concrete. Consolidate concrete by 
vibration or other acceptable methods. Float the top of the curb smooth and 
round the top outer corner to a ¼-inch radius. 

 

4. Construct the face, top, and gutter of curbs with no deviations or irregularities 
of more than 1/4 inch when checked with a 10-foot straightedge. 

 

5. Place construction joints at 10-foot intervals, unless otherwise directed by the 
Engineer. Make joint uniform, of 1/8 to 1/4 inch in width, and to a depth of 
approximately 2-1/2 inches. Saw-cut, or form the joint with approved 
removable strips providing a straight joint at right angles to the length of the 
curb. Fill joints with bituminous joint filler material. Form construction joints 
around all abutting structures such as inlets. 

 

END OF SECTION 


 

 

 

 

 

 

 

 

DIVISION 15 

 

MECHANICAL 

 


SECTION 15042 

 

HYDROSTATIC TESTING OF PRESSURE PIPELINES 

 

 

1.00 GENERAL 

 

1.01 WORK INCLUDED 

 

A. Perform hydrostatic pressure testing on all installed pressure pipes and retest if 
required. 

 

B. Water source: 

 

1. Contractor shall provide and pay for water required for testing purposes. 
The source of the water shall be potable and shall be subject to prior 
approval of the Owner. 

 

C. Scheduling: 

 

1. Notify Engineer of test schedule five (5) working days in advance. 

 

1.02 REFERENCE STANDARDS 

 

A. Except as otherwise specified herein, hydrostatic testing for PVC piping shall be 
performed in accordance with AWWA Standard C605-13 “Underground 
Installation of Polyvinyl Chloride (PVC) and Molecularly Oriented Polyvinyl 
Chloride (PVCO) Pressure Pipe and Fittings.” Hydrostatic testing for ductile iron 
and HDPE piping shall be performed in accordance with AWWA Standard C600- 
17 “Installation of Ductile Iron Water Mains and Their Appurtenances.” 

 

2.00 PRODUCTS 

 

NOT USED 

 

3.00 EXECUTION 

 

3.01 INSTALLATION 

 

A. The Contractor shall furnish all equipment, temporary piping, pumps, fittings, 
gauges, and operating personnel necessary to conduct the tests. Air testing of 
pressure pipe will not be permitted under any circumstance. 

 

B. Mains may be tested in sections between valves when intermediary valves are 
present in the main to be tested. The Contractor may conduct hydrostatic tests 
after the trench has been partially backfilled with the joints left exposed for 
inspection for his informational purposes only. The hydrostatic tests for 
acceptance shall only be conducted after the trenches have been completely 
backfilled and compacted as specified. Each piping section to be tested shall be 
complete, including required restraining devices. 

 

C. Prior to pigging, clean and flush pipe at a rate adequate to obtain velocities in the 
pipe of 2.5 feet per second (fps). Install a blow-off valve if necessary to obtain the 
2.5 fps flushing velocity. Flush until the discharged water is clear. Flush water 
shall be routed to an acceptable discharge location as identified by Owner. 


 

D. Pipes 4” and greater in diameter shall be pigged as detailed in the 
“TOHOPEKALIGA WATER AUTHORITY STANDARDS, 
SPECIFICATIONS, AND DETAILS, 2017 EDITION.” Reference Section 51.6.3 
for potable water lines and Section 61.6.3 for reclaimed water lines. 

 

E. Each section of pipe to be tested, as determined by the Owner, shall be slowly 
filled with water and the specified test pressure shall be applied by means of a 
pump connected to the pipe in a satisfactory manner. Before applying the 
specified test pressure, all air shall be expelled from the pipe. To accomplish this, 
taps shall be made, and appropriate valves installed to ensure bleeding of all air 
from the main. 

 

F. Test pressure: 150 psi. The pressure gauge used shall have a minimum 3 inch 
diameter face, 0-150 psi range in 2 psi increments. 

 

G. Initial expansion phase for HDPE pipe sections: 

 

1. Prior to performing the leakage test for HDPE pipe sections, the HDPE 
pipe shall be subjected to a 3 hour expansion phase. 

2. During the initial expansion phase, the test section shall pressurized to the 
test pressure and enough make-up water shall be added each hour for three 
hours as required to return to the test pressure. At the end of the third hour, 
the leakage test may commence. 


 

H. Maintain specified test pressure for the duration of the leakage test. 

 

I. Leakage test duration and length: 

 

1. The minimum test duration shall be two hours. If during the test, the 
integrity of the tested line is in question, the Owner may require a longer 
pressure test. 

2. Maximum test length shall be 1,500 feet, or between valves, whichever is 
less. HDPE pipe sections shall be tested separately as detailed in Section 
02445 (Horizontal Directional Drilling). 


 

3.02 LEAKAGE STANDARD 

 

A. No detectable leakage shall be allowed. 

 

B. Test Failure of Contractor Installed Items: 

 

1. If leakage is detected, locate the leak, correct the work and repeat the test. 
2. If defective pipes, fittings, valves, or hydrants are discovered as a 
consequence of a leakage test, all such items shall be removed and 
replaced by the Contractor, at Contractor’s expense, with sound material 
and the test shall be repeated until satisfactory results are obtained. 


 

 

END OF SECTION 


 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A 

 

FIGURES 

 

 

Figure No. 

Title 

1 

Bella Collina Location Map 



 


 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX B 

 

INSURANCE REQUIREMENTS AND WARRANTY BOND 

 

 

Exhibit No. 

Title 

I 

Contractor Insurance Requirements 

II 

Warranty Bond 



 


EXHIBIT I 

 

CONTRACTOR INSURANCE REQUIREMENTS 

 

 

A. The Contractor shall not commence Work under this Agreement until he has obtained and 
provided insurance of the character specified below and in such amounts that will protect the 
Owner, Engineer and all additional named insureds and the Contractor against all liabilities, 
damages and accidents. Additionally, all Subcontractors shall meet these insurance 
requirements. The insurance obtained by the Contractor and Subcontractors is subject to the 
approval of the Owner. The Contractor shall not allow any Subcontractor to commence Work 
on his subcontract until all insurance required of the Subcontractor has been so obtained, 
provided, and approved. Neither the approval of the Owner, nor a failure to disapprove 
insurance furnished by the Contractor or Subcontractor, shall release the Contractor or 
Subcontractor of full responsibility for liability, damages, and accidents as set forth herein. 


 

B. The Contractor shall submit all required Certificates of Insurance (COI’s), including all COI’s 
required for the Subcontractors, within twenty-one (21) calendar days following Contractor’s 
receipt of the executed Agreement from the Owner. The Owner has the right to grant 
exceptions to the insurance requirements on a case by case basis but is not obligated to 
do so. The provision of compliant COI’s by the Contractor and all Subcontractors is a 
necessary precursor to the issuance of a Notice to Proceed for the Work 


 

C. For purposes of the following insurance requirements, “Insured” shall refer to any 
Contractor or Subcontractor. 


 

I. 

WORKERS COMPENSATION: 

Statutory Limits 

 

Employers Liability: Bodily Injury by Accident 

$1,000,000 each accident 

 

 Bodily Injury by Disease 

$1,000,000 policy limit 

 

 Bodily Injury by Disease 

$1,000,000 each employee 



 

Insured must provide a Waiver of Subrogation endorsement in favor of the Bella 
Collina Community Development District, Bella Collina Property Owners Association, 
Inc., DCS Real Estate Investments LLC, DCS Capital Investments LLC, and Boyd 
Environmental Engineering, Inc. 

 

Any company that contends that it is legally exempt from workers compensation 
coverage within the State of Florida may request approval to be exempt from the 
above workers compensation insurance requirements. In order to make such a 
request, the company must submit for review a valid “Certificate of Election to be 
Exempt” as issued by the Florida Division of Worker’s Compensation. Upon 
approval of the submitted certificate (if granted), the company will be exempt from the 
above workers compensation coverage requirements, provided that the company 
maintains its legal exemption status throughout the life of this Agreement. Such 
proof of continued exemption status must be provided via submittal of a renewed 
“Certificate of Election to be Exempt” if the originally submitted certificate expires 
during the life of this Agreement. 

 

II. COMMERCIAL GENERAL LIABILITY: (Occurrence Form) 




 

General Aggregate (Per Job Site) 

$2,000,000 

Products/Completed Operations, Aggregate 

$2,000,000 




Personal & Advertising Injury 

$1,000,000 

Each Occurrence 

$1,000,000 

Damage to Rented Premises 

$ 100,000 



 

Coverage shall include Contractual Liability and the Per Project Aggregate Limit 
shall be applicable to the General Liability Coverage. 

 

III. COMMERCIAL AUTOMOBILE LIABILITY: 




 

Combined Single Limit (Each Accident) $1,000,000 

All Owned, Non-Owned & Hired Vehicles shall be insured. 

 

IV. 

UMBRELLA LIABILITY: 

 

 

Each Occurrence 

$1,000,000 

 

Aggregate – per job site 

$1,000,000 

 

Self Insured Retention – not in excess of 

$ 10,000 



 

V. Insured shall name the following entities on its Commercial General Liability, 
Business Automobile Liability and Umbrella Liability Policies as Additional 
Insureds: 


 

a. Bella Collina Community Development District 
b. Bella Collina Property Owners Association, Inc. 
c. DCS Real Estate Investments LLC 
d. DCS Capital Investments LLC 
e. Boyd Environmental Engineering, Inc. 
f. Directors, officers, managers, agents, owners and employees of the 
above entities 




 

Such policies shall be endorsed to provide primary & non-contributory coverage to 
the Additional Insureds in relation to any and all other liability insurance 
policies carried by or for the benefit of the Additional Insureds. 

 

VI. The Contractor shall purchase and maintain property insurance in compliance 
with Paragraph 6.04 of the Standard General Conditions of the Construction 
Contract as amended by the Supplementary Conditions. This insurance shall 
include interests of Owner as loss payee with respect to any goods or materials 
paid for by Owner. The property insurance shall also designate the entities 
identified in Paragraph V and all Subcontractors in the Work as Additional 
Insureds. This policy of insurance shall bear a deductible which shall be borne 
by the Contractor. 
VII. Neither the Bella Collina Community Development District, Bella Collina 
Property Owners Association, Inc., DCS Real Estate Investments LLC, DCS 
Capital Investments LLC, or Boyd Environmental Engineering, Inc. shall be 
responsible for, nor shall they insure, the personal property of the Insured 
including, but not limited to, tools and equipment located at the job site. 
VIII. Insured shall purchase and maintain such insurance with insurance companies 
acceptable to Owner. The companies must maintain a minimum A.M. Best 



insurance rating of A-IX. 
IX. Subcontractor insurance required herein shall remain in effect for one (1) year 
from the date of final acceptance of the Work by Owner. The Contractor’s 
insurance required herein (except for property insurance) shall remain in effect 
for two (2) years from the date of final acceptance of the Work by Owner. 
Contractor’s property insurance shall remain in effect until the date of final 
acceptance of the Work by Owner. 
X. Prior to starting Work or occupying the property, a Certificate of Insurance 
must be transmitted to the Bella Collina Community Development District. The 
certificate holder shall read: 


Bella Collina Community Development District 

219 E. Livingston Street 

Orlando, FL 32801 

 

XI. Prior to starting Work or occupying the property, a Certificate of Insurance 
must be transmitted to the Bella Collina Property Owners Association Inc. The 
certificate holder shall read: 


Bella Collina Property Owners Association, Inc. 

c/o Artemis Lifestyle Services, Inc. 

8390 Champions Gate Blvd., Suite 304 

Champions Gate, FL 33896 

 

XII. Prior to starting Work or occupying the property, a Certificate of Insurance 
must be transmitted to DCS Real Estate Investments LLC. The certificate 
holder shall read: 


DCS Real Estate Investments LLC 

505 S. Flagler Drive, Suite 900 

West Palm Beach, FL 33401-5948 

 

XIII. Prior to starting Work or occupying the property, a Certificate of Insurance 
must be transmitted to DCS Capital Investments LLC. The certificate holder 
shall read: 


DCS Capital Investments LLC 

505 S. Flagler Drive, Suite 900 

West Palm Beach, FL 33401-5948 

 

XIV. Prior to starting Work or occupying the property, a Certificate of Insurance 
must be transmitted to Boyd Environmental Engineering, Inc. The certificate 
holder shall read: 


Boyd Environmental Engineering, Inc. 

175 West Broadway Street, Suite 101 

Oviedo, Florida 32765 

 

D. The Contractor and each Subcontractor shall maintain such required insurance as 
identified herein, and no modification or change of insurance coverage and provision shall 
be made without thirty (30) days written advance notice to the Owner. 


 


 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX C 

 

APPLICATION FOR PAYMENT AND LIEN RELEASE FORMS 

 

 

Exhibit No. 

Title 

III 

Application for Payment 

IV 

Waiver and Release of Lien Upon Progress Payment 

V 

Waiver and Release of Lien Upon Final Payment 

VI 

Consent of Surety to Final Payment 



 

 


CONSTRUCTION FUNDING AGREEMENT BETWEEN 

BELLA COLLINA COMMUNITY DEVELOPMENT DISTRICT AND 

DCS REAL ESTATE INVESTMENTS, LLC 

 

THIS AGREEMENT (“Agreement”) is made and entered into this _______________, 
2023, by and between: 

 

BELLA COLLINA COMMUNITY DEVELOPMENT DISTRICT, a local unit 
of special-purpose government established pursuant to Chapter 190, Florida 
Statutes, and located in the Lake County, Florida, with a mailing address of c/o 
Governmental Management Services-Central Florida, LLC, 219 E. Livingston 
Street, Orlando, Florida 32801 (hereinafter "District"), and 

 

DCS REAL ESTATE INVESTMENTS, LLC, a Florida limited liability 
company, with a mailing address of 505 South Flagler Drive, Suite 900, West Palm 
Beach, FL 33401 and the owner of certain undeveloped lands within the District 
(hereinafter "Developer"). 

 

RECITALS 

 

WHEREAS, the District was created pursuant to the Uniform Community Development 
District Act of 1980, Chapter 190, Florida Statutes, as amended (the “Act”) for the purpose of 
planning, financing, constructing, acquiring, operating and/or maintaining certain infrastructure, 
including surface water management systems, water and wastewater facilities, roadways, 
landscaping, parks, and recreational facilities and uses; and 

 

WHEREAS, the Developer is the owner and/or developer of certain lands located within 
the boundaries of the District known as Bella Collina (hereinafter, the "Development") upon which 
the District's improvements have been or will be made; and 

 

WHEREAS, the District, pursuant to Chapter 190, Florida Statutes, is authorized to levy 
such taxes, special assessments, fees, and other charges as may be necessary in furtherance of the 
District's activities and services; and 

 

WHEREAS, the District is anticipated to be without sufficient funds available to provide 
for the construction of anticipated master utility improvements and facilities within the 
Development, which is described in Exhibit A including construction and any design, engineering, 
legal, or other construction, professional, or administrative costs (collectively, the 
“Improvements”); and 

 

WHEREAS, in order to induce the District to proceed at this time with the construction of 
the necessary or desired utility improvements, the Developer desires to provide the funds necessary 
to enable the District to proceed with such improvements; and 

 

WHEREAS, the District anticipates accessing the public bond market in the future to 
obtain financing for the construction of the Improvements as described in Exhibit A, and the 


parties agree that, in the event that bonds are issued, the funds provided under this Agreement is 
expected to be reimbursable from those bonds. 

 

NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants 
contained herein, and other good and valuable consideration, the receipt and sufficiency of which 
are hereby acknowledged by the parties, the parties agree as follows: 

 

1. RECITALS. The recitals stated above are true and correct and by this reference are 
incorporated herein and form a material part of this Agreement. 

 

2. FUNDING. Developer agrees to make available to the District such monies as are 
necessary to enable the District to proceed with the design, engineering, and construction of the 
Improvements. In addition to engineering and consulting costs associated with the Improvements, 
the District shall enter into a Residential Irrigation Piping Improvements Contract with Carr & 
Collier Inc., for the installation of irrigation system piping in an approximate amount of 
$1,300,000.00. Developer will make such funds to cover the costs of the agreements available on 
a monthly basis, within fifteen (15) days of a written request by the District. The funds shall be 
placed in the District's construction account with such depository as determined by the District. 

 

3. REPAYMENT. The parties agree that the funds provided by Developer pursuant to 
this Agreement will be properly reimbursable from proceeds of the District's issuance of taxexempt 
bonds. Within forty-five (45) days of receipt from time to time of sufficient funds by the 
District for the financing of some or all of the Improvements, the District shall reimburse 
Developer until full reimbursement is made or until all funds generated by the anticipated 
financing are exhausted, exclusive of interest, for the funds advanced under Section 2 above; 
provided, however, that in the event bond counsel engaged in connection with the District’s 
issuance of bonds providing such financing determines that any such monies advanced or expenses 
incurred are not properly reimbursable for any reason, including, but not limited to federal tax 
restrictions imposed on tax-exempt financing, the District shall not be obligated to reimburse such 
monies advanced or expenses incurred. If the District does not or cannot issue bonds to provide 
the funds for the Improvements within five (5) years of the date of this Agreement, and, thus does 
not reimburse the Developer for the funds advanced, then the parties agree that such funds shall 
be deemed paid in lieu of taxes, fees, or assessments which might be levied or imposed by the 
District. 

 

4. DEFAULT. A default by either party to this Agreement shall entitle the other to all 
remedies available at law or in equity, which may include, but not be limited to, the right of actual 
damages, injunctive relief and/or specific performance, but shall exclude, in any event, 
consequential, incidental, special or punitive damages. 

 

5. ENFORCEMENT OF AGREEMENT. In the event that either party is required to 
enforce this Agreement by court proceedings or otherwise, then the substantially prevailing party 
shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and 
costs for trial, alternative dispute resolution, or appellate proceedings. 

 


6. AGREEMENT. This Agreement shall constitute the final and complete expression 
of the agreement between the parties relating to the specific subject matter of this Agreement. 

 

7. AMENDMENTS. Amendments to and waivers of the provisions contained in this 
Agreement may be made only by an instrument in writing which is executed by both of the parties 
hereto. 

 

8. AUTHORIZATION. The execution of this Agreement has been duly authorized by 
the appropriate body or official of all parties hereto, each party has complied with all of the 
requirements of law, and each party has full power and authority to comply with the terms and 
provisions of this Agreement. 

 

9. NOTICES. All notices, requests, consents and other communications hereunder 
("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, 
or overnight delivery service, to the parties, as follows: 

 

A. If to District: Bella Collina Community Development District 

c/o Governmental Management Services – 

Central Florida, LLC 

219 E. Livingston St. 
Orlando, Florida 32801 

Attn: District Manager 

 

With a copy to: Latham, Luna, Eden & Beaudine, LLP 

 201 S. Orange Avenue, Suite 1400 

 Orlando, Florida 32801 

 Attention: Jan Albanese Carpenter, Esq. 

 

B. If to Developer: DCS Real Estate Investments 

 ____________________________ 

 ____________________________ 

Attn: Mr. Paul Simonson 


Except as otherwise provided herein, any Notice shall be deemed received only upon actual 
delivery at the address set forth herein. Notices delivered after 5:00 p.m. (at the place of delivery) 
or on a non-business day, shall be deemed received on the next business day. If any time for giving 
Notice contained in this Agreement would otherwise expire on a non-business day, the Notice 
period shall be extended to the next succeeding business day. Saturdays, Sundays and legal 
holidays recognized by the United States government shall not be regarded as business days. 
Counsel for the parties may deliver Notice on behalf of the party he/she represents. Any party or 
other person to whom Notices are to be sent or copied may notify the other parties and addressees 
of any change in name or address to which Notices shall be sent by providing the same on five (5) 
days written notice to the parties and addressees set forth herein. 

 

10. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the 
formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or 


for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed 
or implied is intended or shall be construed to confer upon any person or corporation other than 
the parties hereto any right, remedy or claim under or by reason of this Agreement or any 
provisions or conditions hereof; and all of the provisions, representations, covenants and 
conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties 
hereto and their respective representatives, successors and assigns. 

 

11. ASSIGNMENT. Neither party may assign this Agreement or any monies to become 
due hereunder without the prior written approval of the other party. 

 

12. CONTROLLING LAW. This Agreement and the provisions contained herein shall 
be construed, interpreted and controlled according to the laws of the State of Florida. 

 

13. EFFECTIVE DATE. The Agreement shall be effective after execution by all parties 
hereto and shall remain in effect unless terminated by any of the parties hereto. 

 

14. PUBLIC RECORDS. Developer understands and agrees that all documents of any 
kind provided to the District or to District staff in connection with the work contemplated under 
this Agreement are public records and are treated as such in accordance with Florida law and the 
District's Record Retention Schedule. 

 

15. COUNTERPARTS. This Agreement may be executed in one or more counterparts 
which, when taken together, shall constitute one and the same instrument. 

 

 

[Signatures on next page] 

 


IN WITNESS WHEREOF, the parties execute this Agreement to be effective the day and 
year first written above. 

 

ATTEST: BELLA COLLINA COMMUNITY 
DEVELOPMENT DISTRICT, a Florida 
community development district 

 

 

 

 

Secretary/Assistant Secretary Vice/Chairperson, Board of Supervisors 

 

 

 

 

 

WITNESS: DCS REAL ESTATE INVESTMENTS, 

 LLC, a Florida limited liability company 

 

 

 

 

Print Name: By: ___________________ 

Its: ______________________