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Bid 1516-09 Specs
SPECIFICATIONS AND CONTRACT DOCUMENTS COMBINED BEACHES OUTFALL REPLACEMENT CITY OF ATLANTIC BEACH, FLORIDA BID NO. 1516-09 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 (904) 247-5800 January 2016 J. Collins Engineering Associates, LLC Page 1 of 2 1/20/16 COMBINED BEACHES OUTFALL REPLACEMENT BID NO. 1516-09 TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS 00020 Request For Bids 00200 Instructions to Bidders 00300 Bid Form 00400 Bid Bond 00420 Public Entity Crimes Form 00425 W-9 Federal ID Number Form 00520 Form of Agreement 00600 Public Construction, Performance Bond and Payment Bond 00640 Pay Request Form 00700 General Conditions 00800 Supplementary Conditions to the General Conditions 00900 Addenda and Modifications DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01027 Application for Payment 01060 Regulatory Requirements 01150 Measurement and Payment 01300 Submittals 01370 Schedule of Values 01400 Quality Control 01500 Construction Facilities 01600 Material and Equipment 01650 Startup 01701 Project Closeout 01720 Record Documents 01740 Warranties and Bonds DIVISION 2 - SITE WORK 02050 Demolition and Bypassing 02225 Trenching, Backfilling and Installing Outfall Pipe 02270 Erosion and Sediment Pollution Control 02640 Valves And Accessories DIVISIONS 3 – 12 Not Applicable Page 2 of 2 1/20/16 DIVISION 13 – SPECIAL CONSTRUCTION 13105 Hazard Warning Signs 13111 Effluent Outfall Structure Modifications 13112 Special Regulatory Requirements DIVISION 14 Not Applicable DIVISION 15 - MECHANICAL 15067 Outfall Pipe DIVISION 16 Not Applicable APPENDICES A USACOE Permit B FL DEP Permit C United States Coast Guard Permit D Fla Dept of Transportation DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS 00020 – PAGE 1 OF 2 1/20/2016 SECTION 00020 REQUEST FOR BIDS NOTICE IS HEREBY GIVEN that the City of Atlantic Beach, Florida, (OWNER) will be accepting sealed Bids which will be received until 2:45 pm local time, March 30, 2016 (the bid time and bid date, respectively) at the City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, FL 32233 for the following: COMBINED BEACHES OUTFALL REPAIR BID NO. 1516-09 The Project generally consists of furnishing all labor, materials, and equipment necessary to complete the work as called for in the Contract Documents. Work includes, but is not limited to, the following: Furnish all labor, materials and equipment necessary to: remove the existing above-grade 24” DI and 12” DI outfall pipes from the outfall piers; remove the existing buried 24” DI and 12” DI pipes and fittings to the extent shown on the plans; install new 30” (nominal) fusible PVC (FPVC) or high density polyethylene (HDPE) pipe adjacent to the existing wood piles open-cut method, including sheet piling (if required), fittings, adapters, and manatee excluder device, all as shown or required; connect the new FPVC/HDPE pipes to the existing 24” DI and 12” DI pipes; remove the existing wood supports and metallic hardware from the pilings (leaving the pilings in place); bypass the existing outfall piping as required during project; remove and replace existing asphalt paving; furnish and install new air/vacuum valve, box & appurtenances; install new obstruction warning signs; conform to all requirements of the FL DEP, USACOE, USCG, and FDOT permits. The Owner will evaluate the bids and the award will be made to the lowest responsive, responsible prequalified bidder. Prequalification requirements are detailed in the Contract Documents and are available on the City’s website at www.coab.us/bids. Deadline for receipt of the completed Prequalification Requirements Package by the City is 4:30 pm local time on March 16, 2016. Prequalification packages must be delivered to 1200 Sandpiper Lane, Atlantic Beach, FL 32233. Prequalification Requirements packages received after that time will not be considered. The City will evaluate Prequalification Requirement packages and endeavor to notify prospective bidders as soon as possible after the deadline date for the prequalification packages. Bids will be accepted only from those contractors who have been prequalified by the City. There will be a MANDATORY pre-bid meeting for all pre-qualified bidders at 10:00am, March 23, 2016 in the Commission Chambers, 800 Seminole Road, Atlantic Beach, FL 32233 with an outfall site visit after the meeting. Prospective bidders are advised that admission to the meeting will cease promptly at the time listed above. Bids will be opened at the bid time, or as soon thereafter as possible, on the bid date in the Commission Chambers, City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, in the presence of the presiding City official and all other interested persons. The opened Bids will be read aloud, examined for conformance to the specifications, tabulated, and one copy preserved in the custody of the City Clerk. Bids will not be valid unless received prior to the Bid deadline and in a sealed envelope marked “CITY OF ATLANTIC BEACH, Sealed Bid No. 1516-09, COMBINED BEACHES OUTFALL REPAIR, to be opened 3:00 pm local time, March 30, 2016”, so as to guard against opening prior to the time set therefor. Envelopes should be mailed or delivered in person to the above address. Questions should be directed to the Project Design Consultant, J. Collins Engineering Associates, LLC, 11516-3 San Jose Blvd., Jacksonville, FL 32223 (904) 262-4121. 00020 – PAGE 2 OF 2 1/20/2016 The BID DOCUMENTS may be examined at the following locations: J. Collins Engineering Associates, LLC 11516-3 San Jose Blvd. Jacksonville, FL 32223 or City of Atlantic Beach Department of Public Works 1200 Sandpiper Lane Atlantic Beach, FL 32233 Bid documents may be ordered from the CoAB Purchasing Department website, www.coab.us/bids. Bids require a five percent (5%) Bid Security in the form of a certified check or bank money order or a Bid bond and may not be withdrawn after the scheduled opening time for a period of ninety (90) days. The Owner reserves the right to waive formalities in any Bid, to reject any or all bids with or without cause, and/or to accept the Bid or any portion thereof that, in its judgment, will be in the best interest of the Owner. 00200 – Page 1 of 6 1/20/2016 SECTION 00200 INSTRUCTIONS TO BIDDERS 1.01 DEFINITION OF TERMS A. Bidding Documents - include the Request For Bids, Instructions to Bidders, Bid Form, Subcontractor List, sample bidding and contract forms, proposed Contract Documents as defined in the General Conditions and any Addenda issued prior to receipt of bids. B. Base Bid - the amount stated on the Bid Form for which the Bidder offers to perform the Work as described in the Bidding Documents as a base to which Alternate Bid work amounts may be added to or deducted from. C. Unit Price Bid - the amount stated in the Bid Form as a price per unit of measurement for materials or labor as described in the Bidding Documents. D. Addenda - written and graphic documents issued by the Engineer prior to the execution of the Contract to modify or interpret the Bidding Documents. 1.02 PREQUALIFICATION REQUIREMENTS A. Bids will only be accepted from those contractors who have been prequalified by the City. B. Bidders are required to submit information to the City which clearly proves they meet the City’s prequalification criteria on or before the time and date specified in the Advertisement for Bids. The information required must be submitted by the Bidders under a separate heading for each of the stated requirements. Each page must be signed by the prospective bidder’s authorized representative. C. The City will not request additional information or clarification of information submitted. It is imperative that all requested information be included in the Bidder’s submittal package. Submittals which are, in the opinion of the City, incomplete will be rejected and the prospective bidder will not be prequalified. D. Bidder’s prequalification requirements submittal must be received by the City of Atlantic Beach Public Works Dept., 1200 Sandpiper Lane, Atlantic Beach, FL 32233 no later than the close of business on the date set forth in Section 00020 Request for Bids. E. All bidders will be notified as to either acceptance or rejection no later than one (1) week prior to bid opening. F. The bidders must meet the following requirements for their bid to be considered by the City of Atlantic Beach: 1. PROOF OF EXPERIENCE: A minimum of twelve years experience in the construction of water, reuse or wastewater treatment or transmission facilities. Must have constructed a minimum of two subaqueous pipe installations. Include a list of similar projects, with locations, sizes and dates of construction. 2. QUALIFICATIONS: Must have been in business as a Florida licensed General or Underground Utility Contractor for a minimum of twelve years. Bidder shall submit proof that they are currently licensed as a General Contractor or Underground Utility Contractor by the Department of Professional Regulation qualified for underground utility construction. 3. FINANCIAL: Bidders shall submit copies of their certified financial statements for the last two years or equivalent proof of financial responsibility. 4. PROOF OF INSURANCE: Written proof of insurance to serve Atlantic Beach, with Atlantic Beach listed as Certificate Holder. 00200 – Page 2 of 6 1/20/2016 5. POSITIVE REFERENCES: The prospective bidder must submit positive references from at least five (5) agencies or local units of governments in Florida, excluding the City of Atlantic Beach, who contract with the bidder for construction of water facilities. These references will not be accepted until they are investigated and found valid by the City. 1.03 BIDDING DOCUMENTS A. Complete sets of Bidding Documents may be obtained from the Owner as stated in Section 00020 Request For Bids. B. Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids; neither the Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. 1.04 EXAMINATION OF DOCUMENTS AND SITE A. Bidders shall visit the site of the proposed work and become familiar with the nature and extent of work to be performed and local conditions that may affect the work. B. The Bidding Documents were prepared to present an essentially accurate representation of existing conditions, interpreted from available information on the site. The Bidder is not relieved, however, of the responsibility of becoming fully informed as to existing conditions at the site. C. Bidders shall examine existing site improvements, existing buildings, utilities, and streets to determine all conditions which will affect the Work. D. Bidders are advised that no soils investigations have been performed for this project. The Bidder may elect to provide his own soils investigation prior to bid, to determine the conditions affecting the work. 1.05 INTERPRETATION OF BIDDING DOCUMENTS A. All questions requiring clarification or interpretation of the Bidding Documents shall be made in writing and shall reach the Engineer at least 5 days prior to the date for receipt of bids. Direct all requests (via email only) to: John Collins, PE, J. Collins Engineering Associates, LLC., (john@jcollinsengineering.com) and to Gary Adams, PE, J. Collins Engineering Associates, LLC., (gary@jcollinsengineering.com). B. Any modification or interpretation of the Bidding Documents will be made by Addendum to all who are recorded by the Owner as having received a complete set of Bidding Documents. C. Interpretations or modifications of Bidding Documents made in any manner other than by Addendum will not be binding. D. A Bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda issued, and shall acknowledge receipt of same in the Bid Form. 1.06 SUBSTITUTIONS A. Bidders represent that their Bid is based upon the materials and equipment described in the Bidding Documents. 00200 – Page 3 of 6 1/20/2016 B. No requests for substitutions will be considered prior to receipt of bids. 1.07 MANDATORY PRE-BID MEETING A Mandatory Pre-Bid meeting will be held for Prequalified Contractors ONLY at the date, time and place noted in Section 00020 Request for Bids. At that time any Bidder may ask questions concerning the project. 1.08 BID PREPARATION A. Prepare bids on the forms provided with all blanks on the Bid Form filled in by typewriter or written in ink. B. State lump sum bid price(s) in words and amounts. In case of a discrepancy between the two, the amount listed in words shall govern. C. Bids shall include the legal name and address of the Bidder and indicate whether the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. 1. Individual: provide name and post office address. 2. Partnership: provide name and post office address of each member of the partnership. 3. Corporation: provide name and post office address of person signing the form and legal evidence of his authority to do so; names and addresses of the corporation president, secretary and treasurer; name of state where chartered; and affixed with the seal of the corporation, attested by the secretary. D. Bids shall include documentation required by the Florida "Trench Safety Act." The prices presented in the Trench Safety Affidavit shall be inclusive of the Bidders cost of compliance with the applicable trench safety standards. Bidders may be disqualified and their bids rejected for failure to include documentation required. E. Lump Sum and Unit Price Bids requested on the Bid Form shall be bid. 1.09 BID SUBMITTAL A. Submit ONE (1) copy of each of the following: Bid Form, bid security, list of Subcon- tractors, and other requested attachments, in a suitably sealed, opaque envelope, marked as required by Section 00020 Request for Bids. B. Deposit Bids at the designated location on or before the time and date for receipt of Bids indicated in Section 00020 Request for Bids. Bids received after the time and date indicated for receipt of Bids will be returned unopened. 1.10 BID SECURITY A. Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of five percent (5%) of the amount of the total Bid. 00200 – Page 4 of 6 1/20/2016 B. Failure of the successful Bidder to enter into the Contract in accordance with his Bid, or failure to furnish the required bonds will be just cause for an annulment of the award with the amount of the bid security being forfeited to the Owner as liquidated damages, not as a penalty. C. Should a Bid Bond be used, acceptable Surety companies shall be determined from the latest United States Treasury Department's list of companies holding certificates of authority as acceptable Sureties on Federal Bonds. D. The Owner may retain the bid security of those Bidders to whom an award may be considered until successful execution of the Contract and bonds; or the specified time for holding bids has elapsed; or all Bids have been rejected. 1.11 MODIFICATION AND WITHDRAWAL OF BID A. Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not resubmit it. Bids may not be modified after submittal. B. After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 90 days after the time and date designated for the receipt of bids. 1.12 OPENING OF BIDS A. Bids submitted will be opened publicly and read aloud at the time and place stated in Section 00020 Request for Bids. 1.13 GOVERNING LAWS AND REGULATIONS A. Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any way affect the Work. B. Trench Safety Act: The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Bidder shall provide documentation required by the Florida Trench Safety statute to the Owner, in conjunction with the Bid Form. C. Public Entity Crimes: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.C17, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (Section 287.133(2), FLORIDA STATUTES). D. Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant 00200 – Page 5 of 6 1/20/2016 under contract with any public entity, and may not transact business with any public entity. (HB 2127). 1.14 LIQUIDATED DAMAGES A. The Owner will incur financial loss if the Work is not substantially complete by the date set forth in the Bid Form. The Contractor (and his Surety) shall be liable for liquidated damages in accordance with the Supplementary Conditions and the Agreement. 1.15 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND A. With the execution and delivery of the Contract, the Bidder shall furnish the following Surety bonds of the forms contained herein: 1. Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to 100 percent of the Contract Sum, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after completion of contract. 2. Labor and Material Payment Bond guaranteeing full and proper protection of all claimants supplying labor and materials in the Work in an amount equal to 100 percent of the Contract Sum. B. Bonds shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. C. Bonds executed by an Attorney-in-Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. 1.16 SUBCONTRACTOR LIST A. In conjunction with the Bid Form, Bidder shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the Work. Submit list on form provided in the Bid Proposal. B. Prior to award of Contract, the Engineer will notify the Bidder in writing if either the Owner or the Engineer has an objection to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an acceptable substitute person or entity in accordance with Article 6.8 of the General Conditions. 1.17 CONTRACT AWARD AND EXECUTION A. Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. B. It is the intent of the Owner to award a Contract to the lowest responsible Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. 00200 – Page 6 of 6 1/20/2016 C. Upon acceptance of a Bid and award of Contract, the successful Bidder shall deliver the executed Contract, along with required bonds and any other items requested, to the Owner within 10 days. Failure to do so will be deemed as a breach of agreement by the Bidder and result in forfeiture of bid security as described in the Instructions to Bidders. 1.18 PRECONSTRUCTION CONFERENCE A. Before starting any construction work on this project, a conference will be held in the Owner’s site for the purpose of verifying general procedures, reviewing schedules and traffic plans, and other items as described in the specifications and General Conditions. B. Present at the conference shall be representatives of the Owner, a responsible representative of the Contractor, Resident Observer, Job Superintendent, major Subcontractors, and representatives of the Engineer, if applicable. END OF SECTION 00300 – Page 1 of 7 1/20/2016 SECTION 00300 BID FORM COMBINED BEACHES OUTFALL REPAIR BID NO. 1516-09 CITY OF ATLANTIC BEACH, FLORIDA SUBMITTED BY: ____________________________ DATE:__________________ ____________________________ ____________________________ The undersigned, as Bidder, hereby declares that the only person or persons interested in the proposal as Principals is, or are named herein and that no other person that is herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company, or parties making a bid or proposal; and that it is in all respects fair and in good faith, without collusion or fraud. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the places where the work is to be performed; that he has examined the plans and specifications for the work and contract documents relative thereto, that he has read all special provisions furnished prior to the opening of bids, and that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the contract in full and complete it in accordance with the shown, noted, described and reasonable intended requirements of the plans and specifications and contract documents to the full satisfaction of the contract with the Owner with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and contract documents, as follows: BID SCHEDULE Bids are to be on lump sum and unit price bases as detailed below. Quantities shown for unit price items are estimates only; contract amount will be adjusted to reflect actual quantities installed. All prices are to include all labor, materials, equipment and incidentals necessary to perform the work as indicated in the contract documents. Bidders must bid on all items in the Bid Schedule. UNIT COST BID NO. DESCRIPTION UNIT QUANTITY TOTAL COST GENERAL: 1.) Mobilization/Demobilization (10% of sum of items 2 through 11) LS xxxxxxx 1 $ 2.) Turbidity Barriers/Sediment & Erosion Control LS xxxxxxx 1 $ 3.) Maintenance of Traffic LS xxxxxxx 1 $ 00300 – Page 2 of 7 1/20/2016 PAVEMENT: 4.) Remove & Replace Asphalt Shoulder within FDOT ROW SF $ 2,300 $ DEMOLITION 5.) Remove Existing 12” DI Pipe (Including fittings) LF $ 406 $ 6.) Remove Existing 24” DI Pipe (Including fittings) LF $ 410 $ 7.) Remove Existing Hardware & Wood Cross Bracing from each Pile Bent LS xxxxxxx 1 $ NEW OUTFALL PIPE 8.) Furnish & Install New 30” (nominal) FPVC or HDPE Pipe, including all fittings/adapters/hardware & conc. ballast assy’s. LF $ 408 $ 9.) Furnish & Install New Hazard Warning Signs, complete LS xxxxxxx 1 $ 10.) Furnish & Install New Air Release Valve Assembly, complete LS xxxxxxx 1 $ 11.) Furnish & Install New 12” Adapter Assy, complete as shown LS xxxxxxx 1 $ TOTAL BID (Sum of Items 1 through 11): $ MAJOR ITEMS OF EQUIPMENT The following tabulation is intended to include those items deemed major items to be incorporated in the project. Approved manufacturers of these items have been identified in the respective Specification sections. Item Spec Section(s) Manufacturer (circle only one for each item) Pipe Material -- (a) Fusible PVC (b) HDPE Pipe Supplier (for selected pipe material) ______________________ The Bidder further proposes and agrees to commence work under his contract on a date to be specified in the Notice to Proceed and shall complete all work thereunder within the time schedule in the Agreement. Addendum Receipt: Bidders shall acknowledge below the receipt of all addenda, if any, to plans and specifications. ADDENDUM NO. DATED ADDENDUM NO. DATED Bidders shall attach the following supplemental information to their bid: 1) The required Bid Security. 2) Listing of subcontractors proposed by the Contractor. 3) W-9 Tax Payers Identification form 4) Public Entities Crimes Statement 5) Copy of Contractor’s License 00300 – Page 3 of 7 1/20/2016 LIST OF MAJOR SUBCONTRACTORS The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Proposal, the major Subcontractors used in the prosecution of the work will be those listed below. 2. The following list includes all Subcontractors who will perform work in the amount of approximately $10,000 or more on this Contract. 3. The Subcontractors listed below are financially responsible and are qualified to perform the work required. Category Name of Subcontractor Address AN INDIVIDUAL By (Seal) (Signature) (Print Name) doing business as Business Address: Phone No: Fax No: A PARTNERSHIP (Seal) (Firm Name) (General Partner/Signature) (Print Name) Business Address: Phone No: Fax No: (remainder of this page intentionally blank) 00300 – Page 4 of 7 1/20/2016 A CORPORATION (Seal) (Corporation Name) (State of Incorporation) By (Signature of Person Authorized to Sign) (Print Name) (Title) (Corporate Seal) Attest (Secretary) Business Address: Phone No: Fax No: A JOINT VENTURE (Business Name) By: (Signature) (Print Name) (Address) By: (Signature) (Print Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). The full names; business addresses; business and emergency telephone numbers of persons and firms interested in the foregoing bid, as principals, are as follows: (If Corporation, President, Secretary, and Treasurer Identification) 00300 – Page 5 of 7 1/20/2016 CITY OF ATLANTIC BEACH COMBINED BEACHES OUTFALL REPAIR BID NO. 1516-09 DOCUMENTS REQUIREMENTS CHECKLIST O ORIGINAL INSURANCE CERTIFICATES (COPIES, XEROXES, OR FACSIMILES ARE UNACCEPTABLE), NAMING THE CITY OF ATLANTIC BEACH AS CERTIFICATE HOLDER, SHOWING THEY HAVE OBTAINED AND WILL CONTINUE TO CARRY WORKERS’ COMPENSATION, PUBLIC AND PRIVATE LIABILITY, AND PROPERTY DAMAGE INSURANCE DURING THE LIFE OF THE CONTRACT. O BID SECURITY IN THE AMOUNT OF FIVE PERCENT (5%) OF THE BID. O SIGNED COPY OF THE DOCUMENTS REQUIREMENTS CHECKLIST. O ONE (1) COPY OF BID FORMS AND REQUIRED DOCUMENTS. O COMPLETED FORM W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION. O SWORN STATEMENT ON PUBLIC ENTITY CRIMES. O DRUG FREE WORKPLACE CERTIFICATION. O COPY OF CONTRACTOR’S LICENSE O LIST OF SUBCONTRACTORS O DOCUMENTATION OF RECEIPT OF ANY ADDENDA. The above requirements have been noted and are understood by bidder. Signed: _________________________________________ (Bidder or Agent) Date: _______________ 00300 – Page 6 of 7 1/20/2016 DRUG-FREE WORKPLACE CERTIFICATION Section 287.087, Florida Statues, effective January 1, 1991, specifies that preference must be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace. This requirement effects all public entities of the State and is as follows: IDENTICAL TIE BIDS - Preference shall be given to business with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drugfree workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurrence in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. ________________________________ ________________________ VENDOR'S SIGNATURE DATE 00300 – Page 7 of 7 1/20/2016 FLORIDA TRENCH SAFETY ACT ACKNOWLEDGMENT If this Project involves trench excavations that will exceed a depth of 5 feet, pursuant to Florida Statutes. Chapter 553, Part VI, Trench Safety Act will be in effect and the undersigned Bidder hereby certifies that such Act will be complied with during the construction of this Project. Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. Bidder further identifies the cost to be as summarized below: Trench Safety Measure (Description) Units of Measure (LF SY) Quantity Unit Cost Extended Cost A. B. C. D. TOTAL $ 00400 – Page 1 of 2 1/20/2016 SECTION 00400 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as OWNER in the penal sum of for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 2016. The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing for the COMBINED BEACHES OUTFALL REPLACEMENT. NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety of all and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of time within which the OWNER may accept such BID; and 00400 – Page 2 of 2 1/20/2016 said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. BY: Principal Surety Attorney-in-Fact END OF SECTION 00420 – Page 1 of 2 SECTION 00420 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL, AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to (print name of public entity) by (print individual’s name and title) whose business address is And (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include Social Security Number of the individual signing this sworn statement: 2. I understand that a “public entity crime” as defined in Paragraph 287.133 (1) (G), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1) (B), Florida Statutes means finding of guilt or a conviction of public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment, or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (A), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133 (1) (E), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which aids or applies to 00420 – Page 2 of 2 bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [ Indicate which statement applies.] Neither the entity submitting this sworn statement nor any of it’s officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or and affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) (date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority who after first being sworn by me, affixed his/her (name of individual signing) signature in the space provided above on this day of , 2016. My commission expires: NOTARY PUBLIC 00520 – Page 1 of 7 1/21/2016 SECTION 00520 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between City of Atlantic Beach, Florida (Owner) and (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor, materials and equipment necessary to: provide a replacement for the Combined Beaches Outfall. Project includes, but is not necessarily limited to: furnishing and installing a new high- density polyethylene (HDPE) or fusible PVC (FPVC) outfall line via either open-cut method, including connection to the existing 24” ductile iron force main, all valves, fittings and accessories; remove and dispose of the existing 24” ductile iron and 12” ductile iron force mains; removal of the all existing pipe support structures WITH THE EXCEPTION OF THE WOOD PILINGS, WHICH ARE TO REMAIN IN PLACE; providing temporary bypassing as required; all other work necessary to provide a complete, operable outfall replacement. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: COMBINED BEACHES OUTFALL REPLACEMENT BID NO.1516-09 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by: J. Collins Engineering Associates, LLC 11516-3 San Jose Blvd. Jacksonville, FL 32223 (904) 262-4121 (Engineer), who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence 00520 – Page 2 of 7 1/21/2016 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment: a. The Work will be substantially completed within 105 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 120 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02.a and Paragraph 4.02.b for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $200 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, and 5.01.C below: A. Not used B. Not used C. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. 1. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 00520 – Page 3 of 7 1/21/2016 6.02 Progress Payments; Retainage A. Owner shall make one progress payment per month on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 1st or 3rd Wednesday of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. Ninety (90) percent of Work completed including the cost of materials and equipment not incorporated in the Work (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, the retainage shall be reduced to five percent (5%) on all subsequent payment requests. After 50 percent completion, if the character and progress of the Work have been satisfactory to Owner and Engineer, the Contractor may request payment of up to one-half of the retainage held by the Owner on the entire amount of Work completed including the cost of materials and equipment not incorporated in the Work. 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to Ninety-five (95) percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less one hundred (100) percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All monies not paid when due as provided in Article 14 of the General Conditions shall bear interest in accordance with the Florida Prompt Payment Act, Florida Statutes 218, Part VII. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 00520 – Page 4 of 7 1/21/2016 C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7 , inclusive). 2. Performance and Payment bond (pages 1 to 2, inclusive). 00520 – Page 5 of 7 1/21/2016 3. General Conditions (pages 1 to 70, inclusive). 4. Supplementary Conditions (pages 1 to 7, inclusive). 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings listed on sheet index. 7. Addenda (numbers to , inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages to , inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to , inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns 00520 – Page 6 of 7 1/21/2016 A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions - NONE (THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK) 00520 – Page 7 of 7 1/21/2016 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Atlantic Beach, Florida __________________________________ By: ________________________________ By:________________________________ [CORPORATE SEAL] Attest: ______________________________ Attest:______________________________ Address for giving notices: Address for giving notices: 800 Seminole Road ___________________________________ Atlantic Beach, Florida 32233 ___________________________________ License No. _________________________ Agent for service of process: 800 Seminole Road ___________________________________ Atlantic Beach, Florida 32233 ___________________________________ (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: John E. Collins, P.E. Name:_____________________________ President Title: _____________________________ J. Collins Engineering Assoc., LLC __________________________________ 11516-3 San Jose Blvd. Address: __________________________ Jacksonville, Florida 32225 __________________________________ Phone: (904) 262-4121 __________________________________ 00600 – Page 1 of 2 1/20/16 SECTION 00600 PUBLIC CONSTRUCTION PERFORMANCE AND PAYMENT BOND BY THIS BOND, We , as principal and , a Corporation, as Surety, are bound to City of Atlantic Beach, a municipality existing under Title XII, Florida Statutes, herein called Owner, in the sum of $ , for performance, and the separate and additional sum of $ , for payment, for the payment of each of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 2016, between Principal and Owner for construction of COMBINED BEACHES OUTFALL REPLACEMENT , the contract being made a part of this Bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this Bond is void, otherwise it remains in full force. This Bond is to be deemed a Statutory Bond under Section 255.05, Florida Statutes, the provisions of which are hereby incorporated by reference and made a part hereof. All interested parties are specifically directed to the following provisions regarding time and notice limitations as set out in Section 255.05(2), Florida Statutes: A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies, shall within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of work, furnish the Contractor with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the Payment Bond or the payment provisions of a combined Payment and Performance Bond after one (1) year from the performance of the labor or 00600 – Page 2 of 2 1/20/16 completion of delivery of the materials or supplies. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this Bond. Dated On: Principal’s Address: Surety’s Address Project Description and Location: COMBINED BEACHES OUTFALL REPLACEMENT City of Atlantic Beach Principal By: Surety By: Attorney-in-Fact END OF SECTION Rev4/8/14 CITY OF ATLANTIC BEACH APPLICATION AND CERTIFICATION FOR PAYMENT TO OWNER: CITY OF ATLANTIC BEACH APPLICATION NO.: Distribution to: 1200 SANDPIPER LANE PERIOD TO: __ Owner ATLANTIC BEACH, FL 32233 PROJECT NO.: __ Engineer __ Contractor FROM CONTRACTOR: (Contractor's Name & Address) CONTRACT FOR: COMBINED BEACHES OUTFALL REPLACEMENT CONTRACTORS APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. 1. ORIGINAL CONTRACT SUM $ 2. Net change by Change Orders $ 3. CONTRACT SUM TO DATE (LINE 1 + 2) $ 4. TOTAL COMPLETED & STORED TO DATE $ 5. RETAINAGE: a. ______% of Completed Work $ b. ______% of Stored Material $ Total Retainage (Line 5a + 5b) $ 6. TOTAL EARNED LESS RETAINAGE $ (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) $ 8. CURRENT PAYMENT DUE $ 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner Total approved this Month TOTALS NET CHANGES by Change Order Attach a Schedule of Values which includes a description of work completed along with any supporting documentation. The undersigned Contractor certifies that to the best of the Contractors knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: By: Date: State of: County of: Subscribed and sworn to before me this day of Notary Public: My Commission expires: ENGINEER’S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Engineer certifies to the Owner that to the best of the Engineers Knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED $ (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) ENGINEER: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 00700 – Page 1 of 1 rev7/8/2010 SECTION 00700 GENERAL CONDITIONS 1.01 GENERAL A.The GENERAL CONDITIONS for this contract are the Standard General Conditions of the Construction Contract. Document C-700, 2007 Edition, prepared by Engineers Joint Contract Documents Committee (EJCDC) and issued and published jointly by National Society of Professional Engineers (NSPE), ACEC, ASCE and CSI (EJCDC). B.All provisions of the GENERAL CONDITIONS of EJCDC Document C-700 not amended or supplemental herein, or in the SUPPLEMENTARY CONDITIONS, shall remain in full force and effect. 1.02 SUPPLEMENTARY CONDITIONS A.The provisions of the GENERAL CONDITIONS and the Modifications herein,may be further modified in Section 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS and in Division 1, GENERAL REQUIREMENTS. END OF SECTION EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________ ASSOCIATED GENERAL CONTRACTORS OF AMERICA ______________________ AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology ......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................. 1 1.02 Terminology ................................................................................................................................ 5 Article 2 – Preliminary Matters ....................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................... 6 2.02 Copies of Documents .................................................................................................................. 6 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. 6 2.04 Starting the Work ......................................................................................................................... 7 2.05 Before Starting Construction ....................................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ................................ 7 2.07 Initial Acceptance of Schedules .................................................................................................. 7 Article 3 – Contract Documents: Intent, Amending, Reuse ........................................................................... 8 3.01 Intent ............................................................................................................................................ 8 3.02 Reference Standards .................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ..................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................. 9 3.05 Reuse of Documents .................................................................................................................. 10 3.06 Electronic Data .......................................................................................................................... 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ......................................................................................................... 10 4.01 Availability of Lands ................................................................................................................. 10 4.02 Subsurface and Physical Conditions ......................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ........................................................................... 11 4.04 Underground Facilities .............................................................................................................. 13 4.05 Reference Points ........................................................................................................................ 14 4.06 Hazardous Environmental Condition at Site ............................................................................. 14 Article 5 – Bonds and Insurance .................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds ................................................................................. 16 5.02 Licensed Sureties and Insurers .................................................................................................. 16 5.03 Certificates of Insurance ............................................................................................................ 16 5.04 Contractor’s Insurance ............................................................................................................... 17 5.05 Owner’s Liability Insurance ...................................................................................................... 18 5.06 Property Insurance ..................................................................................................................... 19 5.07 Waiver of Rights ........................................................................................................................ 20 5.08 Receipt and Application of Insurance Proceeds ....................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................ 22 Article 6 – Contractor’s Responsibilities ....................................................................................................... 22 6.01 Supervision and Superintendence ............................................................................................. 22 6.02 Labor; Working Hours .............................................................................................................. 22 6.03 Services, Materials, and Equipment .......................................................................................... 22 6.04 Progress Schedule ...................................................................................................................... 23 6.05 Substitutes and “Or-Equals” ...................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. 25 6.07 Patent Fees and Royalties .......................................................................................................... 27 6.08 Permits ....................................................................................................................................... 27 6.09 Laws and Regulations ............................................................................................................... 27 6.10 Taxes .......................................................................................................................................... 28 6.11 Use of Site and Other Areas ...................................................................................................... 28 6.12 Record Documents .................................................................................................................... 29 6.13 Safety and Protection ................................................................................................................. 29 6.14 Safety Representative ................................................................................................................ 30 6.15 Hazard Communication Programs ............................................................................................ 30 6.16 Emergencies ............................................................................................................................... 30 6.17 Shop Drawings and Samples ..................................................................................................... 31 6.18 Continuing the Work ................................................................................................................. 32 6.19 Contractor’s General Warranty and Guarantee ......................................................................... 33 6.20 Indemnification .......................................................................................................................... 33 6.21 Delegation of Professional Design Services ............................................................................. 34 Article 7 – Other Work at the Site ................................................................................................................. 35 7.01 Related Work at Site .................................................................................................................. 35 7.02 Coordination .............................................................................................................................. 35 7.03 Legal Relationships ................................................................................................................... 36 Article 8 – Owner’s Responsibilities ............................................................................................................. 36 8.01 Communications to Contractor ................................................................................................. 36 8.02 Replacement of Engineer .......................................................................................................... 36 8.03 Furnish Data .............................................................................................................................. 36 8.04 Pay When Due ........................................................................................................................... 36 8.05 Lands and Easements; Reports and Tests ................................................................................. 36 8.06 Insurance .................................................................................................................................... 37 8.07 Change Orders ........................................................................................................................... 37 8.08 Inspections, Tests, and Approvals ............................................................................................. 37 8.09 Limitations on Owner’s Responsibilities .................................................................................. 37 8.10 Undisclosed Hazardous Environmental Condition ................................................................... 37 8.11 Evidence of Financial Arrangements ........................................................................................ 37 8.12 Compliance with Safety Program ............................................................................................. 37 Article 9 – Engineer’s Status During Construction ....................................................................................... 37 9.01 Owner’s Representative ............................................................................................................ 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 9.02 Visits to Site ............................................................................................................................... 38 9.03 Project Representative ............................................................................................................... 38 9.04 Authorized Variations in Work ................................................................................................. 38 9.05 Rejecting Defective Work ......................................................................................................... 39 9.06 Shop Drawings, Change Orders and Payments ........................................................................ 39 9.07 Determinations for Unit Price Work ......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................... 39 9.09 Limitations on Engineer’s Authority and Responsibilities ....................................................... 40 9.10 Compliance with Safety Program ............................................................................................. 40 Article 10 – Changes in the Work; Claims .................................................................................................... 40 10.01 Authorized Changes in the Work .............................................................................................. 40 10.02 Unauthorized Changes in the Work .......................................................................................... 41 10.03 Execution of Change Orders ..................................................................................................... 41 10.04 Notification to Surety ................................................................................................................ 41 10.05 Claims ........................................................................................................................................ 41 Article 11 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 42 11.01 Cost of the Work ........................................................................................................................ 42 11.02 Allowances ................................................................................................................................ 45 11.03 Unit Price Work ......................................................................................................................... 46 Article 12 – Change of Contract Price; Change of Contract Times .............................................................. 46 12.01 Change of Contract Price .......................................................................................................... 46 12.02 Change of Contract Times ......................................................................................................... 47 12.03 Delays ........................................................................................................................................ 48 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ..................... 48 13.01 Notice of Defects ....................................................................................................................... 48 13.02 Access to Work .......................................................................................................................... 48 13.03 Tests and Inspections ................................................................................................................. 49 13.04 Uncovering Work ...................................................................................................................... 49 13.05 Owner May Stop the Work ....................................................................................................... 50 13.06 Correction or Removal of Defective Work ............................................................................... 50 13.07 Correction Period ....................................................................................................................... 50 13.08 Acceptance of Defective Work ................................................................................................. 51 13.09 Owner May Correct Defective Work ........................................................................................ 52 Article 14 – Payments to Contractor and Completion ................................................................................... 52 14.01 Schedule of Values .................................................................................................................... 52 14.02 Progress Payments ..................................................................................................................... 53 14.03 Contractor’s Warranty of Title .................................................................................................. 55 14.04 Substantial Completion ............................................................................................................. 55 14.05 Partial Utilization ....................................................................................................................... 56 14.06 Final Inspection ......................................................................................................................... 57 14.07 Final Payment ............................................................................................................................ 57 14.08 Final Completion Delayed ......................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 14.09 Waiver of Claims ....................................................................................................................... 58 Article 15 – Suspension of Work and Termination ....................................................................................... 59 15.01 Owner May Suspend Work ....................................................................................................... 59 15.02 Owner May Terminate for Cause .............................................................................................. 59 15.03 Owner May Terminate For Convenience ................................................................................. 60 15.04 Contractor May Stop Work or Terminate ................................................................................. 61 Article 16 – Dispute Resolution ..................................................................................................................... 61 16.01 Methods and Procedures ........................................................................................................... 61 Article 17 – Miscellaneous ............................................................................................................................ 62 17.01 Giving Notice ............................................................................................................................ 62 17.02 Computation of Times ............................................................................................................... 62 17.03 Cumulative Remedies ................................................................................................................ 62 17.04 Survival of Obligations .............................................................................................................. 62 17.05 Controlling Law ......................................................................................................................... 62 17.06 Headings .................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 1 of 62 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 2 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 3 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 4 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 5 of 62 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 6 of 62 c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 7 of 62 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 8 of 62 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 component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 9 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 10 of 62 2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 11 of 62 comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 12 of 62 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 13 of 62 subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 14 of 62 been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 15 of 62 immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 16 of 62 Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 17 of 62 insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 18 of 62 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 19 of 62 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 20 of 62 each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 21 of 62 maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 22 of 62 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 23 of 62 special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 24 of 62 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 25 of 62 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 26 of 62 B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 27 of 62 damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 28 of 62 applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 29 of 62 B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 30 of 62 prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 31 of 62 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 32 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 33 of 62 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 34 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 35 of 62 design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 36 of 62 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 37 of 62 8.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 38 of 62 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 39 of 62 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 40 of 62 D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 41 of 62 B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 42 of 62 B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 43 of 62 prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 44 of 62 Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 45 of 62 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 46 of 62 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 47 of 62 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 48 of 62 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 49 of 62 testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 50 of 62 otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 51 of 62 by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 52 of 62 appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 53 of 62 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 54 of 62 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 55 of 62 C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 56 of 62 Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 57 of 62 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 58 of 62 receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 59 of 62 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 60 of 62 such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 61 of 62 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. CoAB 4/29/2009 Page 62 of 62 ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 00800-1 CoAB rev 4/8/14 SECTION 00800 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 – DEFINITIONS AND TERMINOLOGY SC-1.01.A Add the following sentence to “27. Notice of Award”: “When requested by OWNER, the Notice of Award may be issued by the ENGINEER.” SC-1.01.A Add the following sentence to “28. Notice to Proceed”: “When requested by OWNER, the Notice to Proceed may be issued by ENGINEER.” SC 1.01.A Add the following new Defined Terms: 52. ARCHITECT/ENGINEER – The person, firm or corporation named as the ENGINEER in the Agreement. 53. PROVIDE – As used in the Project Manual, means to furnish and install, complete and ready for intended use. 54. PRODUCT - As used in the Project Manual, includes materials, fabrications, systems and equipment. ARTICLE 2 – PRELIMINARY MATTERS SC-2.02.A In the first line, change the term “…ten…” to read”…three…”. SC-2.03.A Delete Paragraph 2.03.A in its entirety and replace with the following: “2.03 Commencement of Contract Times: Notice to Proceed A. The date of commencement of the Work is the date established in a Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the OWNER-CONTRACTOR Agreement or such other date as may be established therein.” SC-2.05.A Add the following new subparagraphs to paragraph 2.05A: “4. CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where specified, approved Shop Drawings for such portion of the Work. 00800-2 CoAB rev 4/8/14 5. by executing the Contract, CONTRACTOR represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents.” ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC-3.01.B Add the following sentence to Paragraph 3.01B: “CONTRACTOR shall be responsible for the construction and coordination of the parts of the Project, and all systems provided shall be completely compatible and fully functional without additional cost to OWNER.” SC-3.02.A. Add the following new subparagraph to paragraph 3.02.A: “3. Sections of Division One - General Requirements govern the execution of all sections of the Specifications.” ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCED POINTS SC-4.02 Add the following new paragraph(s) immediately after paragraph 4.02.B: “C. In the preparation of Drawing and Specifications, ENGINEER or ENGINEER’s Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: 1. None D. These reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which CONTRACTOR may rely as identified and established above are incorporated therein by reference. CONTRACTOR is not entitled to rely upon other information and data utilized by ENGINEER and ENGINEER’s Consultants in the preparation of Drawings and Specifications.” SC-4.06 Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: “A. No reports on drawings related to Hazardous Environmental Conditions are known to Owner or Engineer. B. Not Used.” ARTICLE 5 - BONDS AND INSURANCE SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.B: “C. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.” SC-5.04.A In the first line of Paragraph 5.04.A, following the word” ...maintain...”, insert the words, “...in a company or companies licensed to do business in the State of Florida,...”. 00800-3 CoAB rev 4/8/14 SC-5.04 Add the following new paragraph immediately after paragraph 5.04.B: “C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker’s Compensation, and related coverages under paragraphs 4.04.A.1 and A.2 of the General Conditions: a. Each accident $100,000 b. Each employee $100,000 c. Policy limit for disease $500,000 d. Applicable Federal (e.g. Longshoreman’s): Statutory e. Employer’s Liability As Below f. If exempt from coverage, a Certificate of Election to be exempt from Florida Workers’ Compensation Law issued by the State of Florida, Department of Financial Services, Division of Workers’ Compensation must be provided. The City does not recognize this exemption to extend to the employees of the exempt contractor/employer/owner. If primary vendor is “exempt” and using “leased employees”, then proof of insurance from the leasing company must be provided along with primary vendor’s proof of WC insurance or exempt certificate from the State. 2. Contractor’s General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily injury and Property Damage) $1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions: 00800-4 CoAB rev 4/8/14 a. Combined Single Limit per occurrence of $1,000,000 4. The Contractual Liability coverage required by paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury Each Accident $1,000,000 Annual Aggregate $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000” SC-5.06.A Delete Paragraph 5.06.A in its entirety and insert the following in its place: “A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’s Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured.; 2. be written on a Builder’s Risk “all-risk” open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes or loss, fire, lightning, extended coverage, theft vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, wind, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. including testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. 00800-5 CoAB rev 4/8/14 C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5.06 shall comply with the requirements of paragraph 5.06.C of the General Conditions.” SC-5.06.B Delete paragraph 5.06.B in its entirety. SC-5.06.E Delete paragraph 5.06.E in its entirety. ARTICLE 6 - CONTRACTORS’S RESPONSIBILITIES SC-6.03.B Add the following after Paragraph 6.03.B: “The use of asbestos or asbestos-based fiber materials is prohibited in this Project.” SC-6.06. Add the following sentence at the end of paragraph 6.06.G: “H. OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individuals or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity.” SC-6.12 Add the following new paragraphs: “B. Record drawings shall include locational information as follows: 1. buildings: horizontal and vertical coordinates of foundation corners 2. rectangular tanks: horizontal and vertical coordinates of foundation and top(s) of wall(s) 3. circular tanks: horizontal and vertical coordinates of foundation and top(s) of wall(s) at north, south, east and west quadrants. 4. buried pipe and fittings: horizontal and vertical coordinates at the center of all fittings and changes in direction. C. All horizontal locational information shall be in Florida State Plane Coordinates (FIPS 0901), units of “feet”, accuracy of ± 3 cm. Vertical locational information shall be in North American Vertical Datum, 1988, units of “feet” , accuracy of ± 3 cm.” SC-6.13 Add the following new paragraphs: “G. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards are in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Contractor or subcontractor performing trench excavation work on the Project shall comply with the applicable trench safety standards. H. All Contractors or Entities performing or furnishing any work for the City of Atlantic Beach (the City) must carry Workers’ Compensation insurance coverage for themselves and for any employees, independent contractors, and/or other individuals who perform work on the project under the supervision of the Contractor or Entity. All those providing work shall furnish the City with evidence, which shall be in form and content satisfactory to the City, of current Workers’ Compensation insurance coverage secured by the Contractor or Entity for themselves and employees, independent contractors, and/or any other individuals performing or furnishing any of the work on the project before any Contractor or Entity, employees, independent contractors and/or any other individuals begin work on the project.” 00800-6 CoAB rev 4/8/14 SC-6.17 Replace subparagraph 6.17.A.1.a. with the following: “a. Submit four (4) copies plus the number of copies Contractor desires returned.” SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: “F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time. G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for such time unless the need for such substitution is beyond the control of Contractor.” SC-6.20 Add the following new Paragraph: “D. In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for CONTRACTOR’s promises are: 1. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER’s employees to CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which CONTRACTOR accepts as completely fulfilling the obligations of OWNER, ENGINEER, and ENGINEER’s employees under the requirements of Section 725.06, Florida Statutes, and; 2. The entry of OWNER and CONTRACTOR into the construction contract because, but for CONTRACTOR’s promises as contained in the General Conditions, OWNER would not have entered into the construction contract with CONTRACTOR.” ARTICLE 7 - OTHER WORK AT THE SITE SC-7.04 Add the following new paragraph immediately after paragraph GC-7.03: “7.04 Claims Between Contractors A. Should Contractor cause damage to the work or property of any other contractor at the Site, or should any claim arising out of Contractor’s performance of the Work at the Site be made by any other contractor against Contractor, Owner, Engineer, or the construction coordinator, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, the construction coordinator and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any other contractor against Owner, Engineer, Engineer’s Consultants, or the construction coordinator to the extent said claim is based on or arises out of Contractor’s performance of the Work. Should another contractor cause damage to the Work or property of Contractor or should the performance of work by any other contractor at the Site give rise to any other Claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or the construction coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any 00800-7 CoAB rev 4/8/14 court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer, or the construction coordinator on account of any such damage or Claim. C. If Contractor is delayed at any time in performing or furnishing Work by any act or neglect of another contractor, and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, Contractor may make a Claim for an extension of times in accordance with Article 12. An extension of the Contract Times shall be Contractor’s exclusive remedy with respect to Owner, Engineer, and construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are their respective responsibilities.” ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.03.B DELETE paragraph B in its entirety and substitute the following: “B. The Contractor shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents.” ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.C.1 In the first line of Paragraph 14.02.C.1, change “Ten days...”to read “Forty-five days...”. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.C in its entirety and insert the following in its place: “C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. gives to the other party written notice of intent to submit the Claim to a court of competent jurisdiction, or 2. agrees with the other party to submit the Claim to another dispute resolution process.” SC-16.01.D Add the following new paragraph immediately after Paragraph SC-16.01.C. “D. Notwithstanding any applicable statute of limitations, a party giving notice under Paragraph SC-16.01.C.1 shall commence an action on the Claim within one year of giving such notice. Failure to do so shall result in the Claim being time-barred and Engineer’s action or denial shall become final and binding.” END OF SECTION 00900-1 CoAB rev 4/8/14 SECTION 00900 ADDENDA AND MODIFICATIONS Bidding addenda and/or modifications issued prior to signing of the construction agreement are to be attached hereto. END OF SECTION DIVISION 1 GENERAL REQUIREMENTS 01010 – Page 1 of 2 rev9/3/2015 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 - LOCATION OF WORK A. The project site is at the combined beaches outfall, south bank of St. Johns River, at Sherman’s Point, Mayport Village, Florida. 1.2 - DESCRIPTION OF WORK A. The work consists of furnishing all labor, materials and equipment necessary to complete the following: Furnish all labor, materials and equipment necessary to: provide a replacement for the Combined Beaches Outfall. Project includes, but is not necessarily limited to: furnishing and installing a new high-density polyethylene (HDPE) or fusible PVC (FPVC) outfall line via open-cut method (directional drilling NOT allowed), including sheet piling (if required),concrete ballasts, connection to the existing 12” and 24” ductile iron force mains, all valves, fittings, adapters, manatee excluder device, and accessories; remove and dispose of the existing 24” ductile iron and 12” ductile iron force mains; removal of the all existing pipe support cross-bracing on the existing pile bents. THE WOOD PILINGS ARE TO REMAIN IN PLACE; providing temporary bypassing as required; remove & replace existing asphalt paving; furnish and install new air/vacuum valve, box & all appurtenances; conform to the requirements of the FLDEP, USACOE, and USCG permits; all other work necessary to provide a complete, operable outfall replacement. 1.3 - CONTRACTOR'S DUTIES A. Except as specifically noted, the Contractor shall provide and pay for the following: 1. All labor, materials and equipment. 2. Tools, construction equipment and machinery. 3. Utilities required for construction. 4. Other services and facilities necessary for the proper execution of work completion including incidental items not detailed or called for, but which are required for the proper completion of the project. 5. All legally required sales, consumer and use taxes. 6. All applicable permits, government fees and licenses. 7. Survey services for construction layout and record drawings. 8. All required testing and clearances for placing in service. 1.4 - CONTRACTOR SHALL ALSO BE REQUIRED TO PERFORM THE FOLLOWING A. Comply with all codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on the performance of work. B. Promptly submit written notice to the Engineer of observed variances of Contract Documents from legal requirements; it is not the Contractors responsibility to make certain drawings and specifications comply with codes and regulations. 01010 – Page 2 of 2 rev9/3/2015 C. Enforce strict discipline and good order among employees. Do not employ unfit persons or those not skilled in assigned tasks. 1.5 - WORK SEQUENCE A. Coordinate with Owner. B. Contractor’s construction schedule will be subject to approval by the Engineer and updated on a bi-weekly basis. C. Notify Engineer and Owner 96 hours (minimum) in advance of removing any facility from service, permanently or temporarily. Removal from service of any facility shall be preapproved by Owner. 1.6 - CONTRACTORS USE OF PREMISES A. Do not unreasonably encumber sites with materials or equipment. B. Assume full responsibility for protection and safekeeping of products stored on premises. C. Move any stored products interfering with operation of Owner. PART 2 - PART 2 – PRODUCTS (NOT APPLICABLE) PART 3 - PART 3 – EXECUTION (NOT APPLICABLE) END OF SECTION 01027 - Page 1 of 5 rev4/8/14 SECTION 01027 APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements governing the Contractor's Applications for Payment. 1.02 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of the Contractor's Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including: a. Contractor's Construction Schedule. b. Application for Payment forms, including Continuation Sheets. c. List of subcontractors. d. Schedule of allowances. e. Schedule of alternates. f. List of products. g. List of principal suppliers and fabricators. h. Schedule of submittals. 2. Submit the Schedule of Values to the Engineer at the earliest possible date but no later than 7 days before the date scheduled for submittal of the initial Application for Payment. B. Format and Content: Use the Project Manual table of contents as a guide to establish the format for the Schedule of Values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of the Engineer. c. Project number. d. Contractor's name and address. 01027 - Page 2 of 5 rev4/8/14 e. Date of submittal. 2. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Change Orders (numbers) that affect value. 3. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Break principal subcontract amounts down into several line items. 4. Round amounts to nearest whole dollar; the total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed. Differentiate between items stored on- site and items stored off-site. Include requirements for insurance and bonded warehousing, if required. 6. Provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 8. Schedule Updating: Update and resubmit the Schedule of Values prior to the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.03 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by the Engineer and paid for by the Owner. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements. B. Payment-Application Times: The date for each progress payment is the last day of each month unless otherwise noted or agreed. The period covered by each Application for Payment starts on the first day of each month and ends on the last day of each month unless otherwise noted or agreed. C. Payment-Application Forms: Use form(s) provided by the Owner for Applications for Payment. See Section 00640. D. Application Preparation: Complete every entry on the form. Include notarization and execution by a person authorized to sign legal documents on behalf of the Contractor. The Engineer will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and the Contractor's Construction Schedule. Use updated schedules if revisions were made. 01027 - Page 3 of 5 rev4/8/14 2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application. E. Transmittal: Submit 3 signed and notarized original copies, plus of each Application for Payment to the Engineer by a method ensuring receipt within 24 hours. One copy shall be complete, including waivers of lien and similar attachments, when required. F. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of mechanics liens from subcontractors, sub-subcontractors and suppliers for the construction period covered by the previous application. 1. Submit partial waivers on each item for the amount requested, prior to deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers for such items. 3. Waiver Forms: Submit waivers of lien on forms provided herein, and executed as indicated. G. Initial Application for Payment: Administrative actions and submittals, that must precede or coincide with submittal of the first Application for Payment, include the following: 1. List of subcontractors. 2. List of principal suppliers and fabricators. 3. Schedule of Values. 4. Contractor's Construction Schedule (preliminary if not final). 5. Schedule of principal products. 6. Schedule of unit prices. 7. Submittal Schedule (preliminary if not final). 8. List of Contractor's staff assignments. 9. List of Contractor's principal consultants. 10. Copies of building permits. 11. Copies of authorizations and licenses from governing authorities for performance of the Work. 12. Initial progress report. 13. Report of preconstruction meeting. 14. Certificates of insurance and insurance policies. H. Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment. 01027 - Page 4 of 5 rev4/8/14 1. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. 2. Administrative actions and submittals that shall precede or coincide with this application include: a. Occupancy permits and similar approvals. b. Warranties (guarantees) and maintenance agreements. c. Test/adjust/balance records. d. Maintenance instructions. e. Meter readings. f. Startup performance reports. g. Changeover information related to Owner's occupancy, use, operation, and maintenance. h. Final cleaning. i. Application for reduction of retainage and consent of surety. j. Advice on shifting insurance coverages. k. Final progress photographs. l. List of incomplete Work, recognized as exceptions to Architect's Certificate of Substantial Completion. I. Final Payment Application: Administrative actions and submittals that must precede or coincide with submittal of the final Application for Payment include the following: 1. Completion of Project closeout requirements. 2. Completion of items specified for completion after Substantial Completion. 3. Ensure that unsettled claims will be settled. 4. Ensure that incomplete Work is not accepted and will be completed without undue delay. 5. Transmittal of required Project construction records to the Owner. 6. Removal of temporary facilities and services. 7. Removal of surplus materials, rubbish, and similar elements. 01027 - Page 5 of 5 rev4/8/14 PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 01060 – Page 1 of 1 9 /8/15 SECTION 01060 REGULATORY REQUIREMENTS PART 1 - GENERAL 1.01 RELATED DOCUMENTS: A. The general provisions of the Contract, including General and Supplementary Conditions apply to the work specified in this section. 1.02 SPECIFIED CODES: A. The design of the work is based on the requirements of the latest edition of the Southern Standard Building Code, National Electric Code and National Fire Protection Association Requirements, whichever is most stringent. B. The site work is based on the latest edition of the Florida Department of Transportation, Standard Specifications for Road and Bridge Construction, hereinafter referred to as the Florida DOT Specifications or DOT Spec. C. The Contractor shall ensure the work complies to the aforementioned codes and regulations as they apply to the project whether or not specifically referenced elsewhere. 1.03 REFERENCED STANDARDS: A. Except as otherwise required by Paragraph 1.02 all products and workmanship shall conform to best quality materials and practices recognized by agencies, associations, councils, etc., specified in individual sections. B. In the absence of specified agencies, associations, councils, etc., the Contractor shall conform to the requirements of the most widely recognized standards for each particular portion of the work. 1.04 PERMITS: A. Applicable permits attained for this work are included in the Appendices. B. Determination of necessity and/or application for and receipt of the following permits will berequired of the Contractor, unless otherwise noted. The Contractor shall comply with all provisions of these permits. No work shall commence until all required permits are in hand. 1. The Contractor shall secure any and all permits as required by SJRWMD for dewatering activities to occur at the job sites. 2. The Contractor shall perform all work related activities in accordance with the requirements of the Permits included in Appendix A-D for the project where applicable. 4. NPDES – Generic Permit for the Discharge of Produced Groundwater from any Non-Contaminated Site Activity. Contact Florida Department of Environmental Protection (FDEP), Northeast District. PART 2 – PRODUCTS (NOT APPLICABLE) PART 3 – EXECUTION (NOT APPLICABLE) END OF SECTION 01150 – Page 1 of 4 rev1/20/16 SECTION 01150 MEASUREMENT AND PAYMENT 1.01 General A. Measurement and payment is on either a Lump Sum or Unit Price basis as noted in the Bid Form. B. Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, dewatering, backfilling, leakage testing, surveying, concrete or soil testing, bypass pumping, mobilization, overhead costs, paving, grading, bacteriological testing or other incidental items of work not shown in the Agreement. The described items apply for all applicable parts in the Bid Form. C. Note that not all pay items listed below may be applicable to this particular project. D. No payment will be made for any work or item of work that is deemed unacceptable by the Owner or his Engineer. E. Measurement and payment for unit price items will be based on the actual quantities installed or work performed. F. Equipment and Material in Storage: Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will be made for those items for which the Contractor has submitted paid invoices to the Owner. 1.02 Measurement and Payment A. Mobilization/Demobilization – Bid Item #1 1. Measurement: Work under this item includes: mobilization/demobilization of all equipment, material, personnel, required construction facilities, such as, drinking and construction water, electric power, toilet facilities, vehicles, bonds, insurance, pre- construction videotaping/photography and other costs incurred by the Contractor for getting to the job site and withdrawing from the job site after completion of the project. The total value of Mobilization/Demobilization shall not exceed 10% of the contract bid price. 2. Payment: Payment will be made at the contract lump sum price bid for the item. Fifty percent (50%) of this item will be payable for mobilization and fifty percent (50%) for demobilization and final cleanup. B. Turbidity Barriers/Sediment and Erosion Control – Bid Item #2 1. Measurement: Work under this item includes materials, equipment, labor and incidentals necessary to furnish, install all measures and structures for turbidity, sediment and erosion control including regulatory permit requirements detailed in the Appendices. This item also includes removal, filling and/or proper disposal of all temporary swales, structures or other components installed as part of this project. Payment: Payment will be made at the contract lump sum price bid for the item 01150 – Page 2 of 4 rev1/20/16 C. Maintenance of Traffic – Bid Item #3 1. Measurement: Work under this item includes: Preparation and modification of all traffic maintenance plans, furnishing all labor, equipment, and materials, including temporary pavement, temporary pavement markings, barriers, barricades, messaging signs, flagmen, police officers, lighting, and all other incidentals necessary to maintain traffic flow through or around the project site. 2. Payment: Payment will be made at the contract lump sum price bid for the item. D. Remove and Replace Asphalt Shoulder within FDOT ROW – Bid Item #4 1. Measurement: Measurement will be the actual area of asphalt shoulder removed, replaced and accepted by the City. This pay item includes all labor, equipment, materials and incidentals required to demolish, remove and dispose of asphalt shoulder, and to furnish and install the new asphalt shoulder paving, in accordance with latest FDOT standards. CONTRACTOR MUST USE A DISPOSAL COMPANY CURRENTLY ON THE CITY OF ATLANTIC BEACH “APPROVED DISPOSER” LIST. 2. Payment: Payment will be based on the unit price bid for the item. E. Demolition – Remove Existing 12” DI Outfall Pipe – Bid Item #5 1. Measurement: The length of pipe will be the length in linear feet, actually removed, measured along the horizontal projection of the centerline of the removed pipe with no deduction made for those spaces occupied by valves or fittings. Where the measurement terminates in a valve, bend, tee or other fitting, the centerline of the valve or fitting shall be the point of termination. This pay item includes: removal and disposal of pipe and fittings (all sizes, types) and temporary bypassing. All pipe supports (wooden/metal) are removed under separate pay item “Demolition – Existing Pipe Hardware, Wood Crosses, etc”. ALL DEBRIS DISPOSAL MUST BE ACCOMPLISHED BY A DISPOSAL COMPANY CURRENTLY ON THE CITY OF ATLANTIC BEACH “APPROVED DISPOSER” LIST. 2. Payment: Payment will be made at the contract unit price bid for the item. F. Demolition – Remove Existing 24” DI Outfall Pipe – Bid Item #6 1. Measurement: The length of pipe will be the length in linear feet, actually removed, measured along the horizontal projection of the centerline of the removed pipe with no deduction made for those spaces occupied by valves or fittings. Where the measurement terminates in a valve, bend, tee or other fitting, the centerline of the valve or fitting shall be the point of termination. This pay item includes: removal and disposal of pipe and fittings (all sizes, types) and temporary bypassing. All pipe supports (wooden/metal) are removed under separate pay item “Demolition – Existing Pipe Hardware, Wood Crosses, etc”. ALL DEBRIS DISPOSAL MUST BE ACCOMPLISHED BY A DISPOSAL COMPANY CURRENTLY ON THE CITY OF ATLANTIC BEACH “APPROVED DISPOSER” LIST. 01150 – Page 3 of 4 rev1/20/16 2. Payment: Payment will be made at the contract unit price bid for the item. G. Demolition – Remove Existing Pipe Hardware, Wood Cross Bracing from each Pile Bent – Bid Item #7 1. Measurement: This pay item includes: removal and disposal of existing hardware & wood cross bracing from each Pile Bent that currently supports both the existing 12” and 24” Ductile Iron outfall pipe above the water level. Work under this item includes materials, equipment, labor, hauling costs, disposal fees and incidentals required to properly demolish and dispose of existing equipment/items so designated in the contract documents as well as temporary bypassing. Pile Bents as shown on the Plans shall remain in service. No separate payment will be made for any work associated with demolition, removal or disposal of any item. CONTRACTOR MUST USE A DISPOSAL COMPANY CURRENTLY ON THE CITY OF ATLANTIC BEACH “APPROVED DISPOSER” LIST. 2. Payment: Payment will be made at the contract lump sum price bid for the item. H. Fusible PVC Pipe (FPVC) or High Density Polyethylene (HDPE) Pipe Including Fittings, Hardware and Concrete Ballasts – Size & DR as indicated on Bid Schedule, installed by Open Cut – Bid Item #8 1. Measurement: The length of FPVC or HDPE pipe will be the laying length including valves in linear feet, actually installed and approved, measured along the horizontal projection of the centerline of the complete pipe with no deduction made for those spaces occupied by valves or fittings. Where the measurement terminates in a valve, bend, tee or other fitting, the centerline of the valve or fitting shall be the point of termination. This pay item includes: all pipe material(s); excavation; backfill; dewatering; provision of trench boxes, sheeting, concrete ballasts or other materials/appurtenances which may be required to install the pipe; laying; jointing; fittings; concrete ballasts, trench safety provisions; connections to existing valves/lines; removing plugs and connections to existing lines; removal and disposal of construction debris; dust control; compaction; pavement removal and repair; quality control testing and final site grading/restoration. ALL DEBRIS DISPOSAL MUST BE ACCOMPLISHED BY A DISPOSAL COMPANY CURRENTLY ON THE CITY OF ATLANTIC BEACH “APPROVED DISPOSER” LIST. I. Hazard Warning Signs – Bid Item #9 1. Measurement: Work under this item includes furnishing and installing the Hazard Obstruction Signs as indicated in the contract documents. This item includes the signs and all labor, materials and equipment required for installation. 2. Payment: Payment will be made at the applicable lump sum or unit price for the item. J. Air Release/Vacuum Valve Assembly – Bid Item #10 1. Measurement: Work under this item includes furnishing and installing the Air Release/Vacuum Valve assembly as indicated in the contract documents. The assembly includes all excavation, backfill, compaction, air release/vacuum valve, connecting pipe, pipe taps, isolation valves, traffic box & cover. 01150 – Page 4 of 4 rev1/20/16 2. Payment: Payment will be made at the applicable lump sum for the item. K. 12” Adapter Assembly – Bid Item #11 1. Measurement: Work under this item includes furnishing and installing the 12” adapter assembly as indicated in the contract documents. The assembly includes all excavation, backfill, compaction, testing, pipe, fusing of pipe and/or fittings; fittings, adapter fittings to connect to the existing 12” DI pipe, joint restraint as required. 2. Payment: Payment will be made at the applicable lump sum price for the item. END OF SECTION 01300 – Page 1 of 5 rev4/8/14 SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for submittals required for performance of the Work, including the following: 1. Contractor's construction schedule. 2. Shop Drawings. 3. Product Data. 4. Quality assurance submittals. 1.02 DEFINITIONS A. Coordination Drawings show the relationship and integration of different construction elements that require careful coordination during fabrication or installation to fit in the space provided or to function as intended. B. Field samples are full-size physical examples erected on-site to illustrate finishes, coatings, or finish materials. Field samples are used to establish the standard by which the Work will be judged. 1.03 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. The Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. 3. Processing: To avoid the need to delay installation as a result of the time required to process submittals, allow sufficient time for submittal review, including time for resubmittals. a. Allow 15 working days for initial review. Allow additional time if the Engineer must delay processing to permit coordination with subsequent submittals. b. If an intermediate submittal is necessary, process the same as the initial submittal. 01300 – Page 2 of 5 rev4/8/14 c. Allow 15 working days for reprocessing each submittal. d. No extension of Contract Time will be authorized because of failure to transmit submittals to the Engineer sufficiently in advance of the Work to permit processing. B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. 1. Provide a space approximately 4 by 5 inches (100 by 125 mm) on the label or beside the title block on Shop Drawings to record the Contractor's review and approval markings and the action taken. 2. Include the following information on the label for processing and recording action taken. a. Project name. b. Date. c. Name and address of the Engineer. d. Name and address of the Contractor. e. Name and address of the subcontractor. f. Name and address of the supplier. g. Name of the manufacturer. h. Number and title of appropriate Specification Section. i. Drawing number and detail references, as appropriate. C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from the Contractor to the Engineer using a transmittal form. The Engineer will not accept submittals received from sources other than the Contractor and without Contractor’s review and approval markings and the action taken. D. Provide required Product Code Certification with Shop Drawings. Submittals that do not have Product Code Certification included will be returned for resubmission. 1.04 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type, contractor's construction schedule. Submit within 20 days after the date established for "Commencement of the Work." 1. Provide a separate time bar for each significant construction activity. Provide a continuous vertical line to identify the first working day of each week. Use the same breakdown of units of the Work as indicated in the "Schedule of Values." 01300 – Page 3 of 5 rev4/8/14 2. Coordinate the Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittal Schedule, progress reports, payment requests, and other schedules. B. Distribution: Following response to the initial submittal, print and distribute copies to the Architect, Owner, subcontractors, and other parties required to comply with scheduled dates. Post copies in the Project meeting room and temporary field office. When revisions are made, distribute to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in construction activities. C. Schedule Updating: Revise the schedule after each meeting, event, or activity where revisions have been recognized or made. Issue the updated schedule concurrently with the report of each meeting. 1.05 SHOP DRAWINGS A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. 1. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. 2. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates and similar Drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Do not use Shop Drawings without an appropriate final stamp indicating action taken. C. Submittals: Submit four (4) copies plus however many additional copies the Contractor would like returned. The number of copies may be changed by the Owner or Engineer. 1.06 PRODUCT DATA A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing-in diagrams and templates, standard wiring diagrams, and performance curves. 01300 – Page 4 of 5 rev4/8/14 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. Product Data not so marked will be returned without review. Include the following information: a. Manufacturer's printed recommendations. b. Compliance with trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation of coordination requirements. 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. B. Submittals: Submit 2 copies of each required submittal; submit 4 copies where required for maintenance manuals. Submit additional copies as required by the Contractor for distribution. The Engineer will retain one and will return the others marked with action taken and corrections or modifications required. C. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. 1.07 QUALITY ASSURANCE SUBMITTALS A. Submit quality-control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality-control submittals as required under other Sections of the Specifications. B. Certifications: Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. Signature: Certification shall be signed by an officer of the manufacturer or other individual authorized to sign documents on behalf of the company. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies are specified in Division 1 Section "Quality Control." 1.08 ENGINEER’S ACTION A. Except for submittals for the record or information, where action and return is required, the Engineer will review each submittal, mark to indicate action taken, and return promptly. Compliance with specified characteristics is the Contractor's responsibility regardless of action indicated. B. Action Stamp: The Engineer will stamp each submittal with a uniform, action stamp. The Engineer will mark the stamp appropriately to indicate the action taken. Do not use, or 01300 – Page 5 of 5 rev4/8/14 allow others to use, submittals marked "Not Approved, Revise and Resubmit" at the Project Site or elsewhere where Work is in progress. C. Other Action: Where a submittal is for information or record purposes or special processing or other activity, the Engineer will return the submittal marked "Action Not Required." D. Unsolicited Submittals: The Engineer will return unsolicited submittals to the sender without action. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 01370 – Page 1 of 1 rev4/8/14 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.01 DESCRIPTION: A. Work Included: Provide a detailed breakdown of the agreed Contract Sum showing values allocated to each of the various parts of the work, as specifies herein, and in other provisions of the Contract Documents. B. Related Work: Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.02 QUALITY ASSURANCE: A. Use required means to assure arithmetical accuracy of the sum described. B. When so required by the Engineer, provide copies of the subcontracts or other data acceptable to the Engineer substantiating the sums described. 1.03 SUBMITTALS A. Prior to commencement, submit a proposed schedule of values to the Engineer. 1. Meet with the Engineer and determine data, if any, required to be submitted. 2. Secure the Engineer’s approval of the values prior to commencement. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 01400 – Page 1 of 3 rev7/12/2010 SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for quality control services and testing and inspection laboratory services. 1.02 GENERAL A. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Those requirements, including inspections and tests, cover production of standard products as well as customized fabrication and installation procedures. B. Inspections, test and related actions specified are not intended to limit the Contractor's quality control procedures that facilitate compliance with Contract Document requirements. C. Requirements for the Contractor to provide quality control services required by the Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section. 1.03 CONTRACTOR RESPONSIBILITIES A. Provide inspections, tests and similar quality control services specified in individual Specification Sections as the Contractor's responsibility and as required by governing authorities; these services include those specified to be performed by an independent agency and not by the Contractor. Include costs for these services in the Contract Sum. B. Provide and pay for costs of retesting and other related costs when: 1. Results of required inspections, tests or similar services prove unsatisfactory and do not indicate compliance with Contract Document requirements, regardless of whether the original test was the Contractor's responsibility. 2. Construction is revised or replaced by the Contractor, where tests were required on original construction. 3. Additional testing is needed or required by the Contractor. 4. Additional trips to the project are necessary by an agency when scheduled times for tests and inspections are cancelled and the agency is not notified sufficiently in advance of cancellation to avoid the trip. C. Cooperate with agencies performing required inspections, tests and similar services and provide reasonable auxiliary services as requested. 1. Notify the agency sufficiently in advance of operations to permit assignment of personnel. 01400 – Page 2 of 3 rev7/12/2010 2. Provide access to the Work and furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing and assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. 5. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 6. Secure and protect samples and test equipment at the Project site. D. Coordinate the sequence of activities to accommodate required services with a minimum of delay and coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. E. Schedule times for inspections, tests, taking samples and similar activities. 1.04 OWNER RESPONSIBILITIES A. Provide inspections, tests and similar quality control services specified, except where they are specifically indicated as the Contractor's responsibility or are provided by another identified entity. 1. Costs for these services are not included in the Contract Sum. 2. The Owner will employ and pay for the services of an independent agency, testing laboratory or other qualified firm to perform the services required. 1.05 TESTING AGENCIES RESPONSIBILITIES A. Cooperate with the Engineer and Contractor in performance of their duties; provide qualified personnel to perform required inspections and tests. B. Notify the Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of their services. C. Agencies are not authorized to release, revoke, alter or enlarge requirements of the Contract Documents, or approve or accept any portion of the Work. D. Agencies shall not perform any duties of the Contractor. 1.06 SUBMITTALS A. Independent testing agencies shall submit 2 copies of certified written reports of each inspection, test or similar service to the Engineer and to the Contractor. B. Report Data: Written reports of each inspection, test or similar service shall include: 1. Date of issue. 2. Project title and number. 01400 – Page 3 of 3 rev7/12/2010 3. Name, address and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making the inspection or test. 6. Designation of the Work and test method. 7. Identification of product and Specification Section. 8. Complete inspection or test data. 9. Test results and an interpretations of test results. 10. Ambient conditions at the time of sample-taking and testing. 11. Comments or professional opinion as to whether inspected or tested Work complies with Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting. 1.07 QUALIFICATION OF SERVICE AGENCIES A. Engage inspection and testing service agencies, including independent testing laboratories, which are prequalified as complying with "Recommended Requirements for Independent Laboratory Qualification" by the American Council of Independent Laboratories, and which specialize in the types of inspections and tests to be performed. B. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the State in which the Project is located. C. Inspection and testing agencies engaged by the Contractor shall be acceptable to Engineer and Owner. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION 3.01 REPAIR AND PROTECTION A. Upon completion of inspection, testing, sample-taking and similar services, repair damaged construction and restore substrates and finishes to eliminate deficiencies, including deficiencies in visual qualities of exposed finishes. B. Protect construction exposed by or for quality control service activities, and protect repaired construction. C. Repair and protection is the Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing or similar services. END OF SECTION 01500 - 1 of 2 rev8/21/2011 SECTION 01500 CONSTRUCTION FACILITIES PART 1 – GENERAL 1.01 DESCRIPTION A. The following criteria shall govern the furnishing of and paying for temporary construction and service items. Such items shall be instituted at the beginning and maintained for the life of the work or until removal or termination is approved by the Engineer. 1.02 TEMPORARY FACILITIES: A. Field Office: The Contractor shall provide a field office for use by Contractor personnel for the duration of the project. Field office shall be equipped with restroom facility, drinking water supply, or bottled water, with dispenser. Field office shall be air conditioned and heated. Provide a minimum of 80 square feet of separate, lockable space for the Engineers’ Project Representative’s use, including desk, chair and one 4-drawer file cabinet. B. It shall be the Contractor's responsibility to provide temporary electrical power for construction purposes. D. Toilet Facilities: The Contractor shall furnish a portable, job-site toilet enclosure facility through a local company specializing and licensed in this business. The toilet enclosure shall be located on the project site at a point approved by the Owner. It shall be maintained daily by the supplying company and removed from the project site upon completion of the project. E. In addition, office space is required for monthly construction meetings with 5-8 people 1.03 SECURITY A. General: The Contractor shall provide security, as necessary or required, to protect work and property at all times. B. Rodents and Other Pests: The Contractor, through debris removal, etc., shall control the creation of rodent or pest problems. Should such develop, the Contractor shall secure services of exterminator to control. C. Debris Control: Keep premises clean and free from accumUlation of debris and rubbish. Provide trash and debris receptacles and require use. Remove from site at least weekly. D. Cleaning: As work is completed by trades, areas of work shall be cleaned in preparation for next trade, inspections or general safety of property and person. E. Project Safety: The Contractor shall comply with all applicable governmental and insuring company requirements relative to construction and project safety. Either the superintendent or another company representative on the site during all working hours, shall be trained in project safety and designated as Contractor's Safety Director. 01500 - 2 of 2 rev8/21/2011 1.04 QUALITY ASSURANCE: A. Comply with industry standards and applicable laws and regulations of authorities having jurisdiction, including but not limited to: 1. Building Code Requirements 2. Health and Safety Regulations 3. Utility Company Regulations 4. Police, Fire Department and Rescue Squad Rules 5. Environmental Protection Regulations PART 2 – PRODUCTS (NOT APPLICABLE) PART 3 – EXECUTION (NOT APPLICABLE) END OF SECTION 01600 - 1 of 4 rev7/20/2010 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Material and equipment incorporated into the Work: 1. Manufactured and fabricated products: a. Design, fabricate and assemble in accord with the best engineering and shop practices. b. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable. c. Two (2) or more items of the same kind shall be identical, by the same manufacturer. d. Products shall be suitable for service conditions. e. Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless variations are specifically approved in writing. 2. Do not use material or equipment for any purpose other than that for which it is designed or specified. 1.02 MANUFACTURER'S INSTRUCTIONS FOR INSTALLATION A. When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, obtain and distribute copies of such instructions to parties involved in the installation, including five copies of the Engineer. 1. Maintain one (1) set of complete instructions at the job site during installation and until completion. B. Handle, install, connect, clean, condition and adjust products in strict accord with such 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. C. 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. 01600 - 2 of 4 rev7/20/2010 1.03 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with progress 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. 1.04 STORAGE AND PROTECTION A. The Contractor shall furnish a covered, weather-protected storage structure providing a clean, dry, noncorrosive environment for a" 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 of 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 with 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 of 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 completely 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 accumUlations of dirt, standing water, staining, chipping or 01600 - 3 of 4 rev7/20/2010 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 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 or deterioration. G. Protection After Installation: Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove covering 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 (7) 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 any other costs associated with making the necessary corrections. 1.05 STORAGE AND HANDLING OF EQUIPMENT ON SITE A. Special attention shall be given to the storage and handling of equipment on site. As a minimum, the procedure outlined below shall be followed: 1. Materials shall not be shipped until approved by the Engineer. The intent of this requirement is to avoid unnecessary delivery of unapproved materials and to reduce on-site storage time prior to installation and/or operation. Under no circumstances shall major equipment or finish products be delivered to the site more than one month prior to installation without written authorization from the Engineer. Materials shipped to the site, or temporarily stored off-site in approved locations, shall be stored in accordance with Paragraph 1.04, herein. 2. All equipment having moving parts such as gears, electric motors, etc. and/or instruments shall be stored in a temperature and humidity controlled building approved by the Engineer, until such time as the equipment is to be installed. 3. All equipment shall be stored fully lubricated with oil, grease, etc. unless otherwise instructed by the manufacturer. 4. Manufacturer's storage instructions shall be carefully studied by the Contractor and reviewed with the Engineer by him. These instructions shall be carefully followed and a written record of this kept by the Contractor. 01600 - 4 of 4 rev7/20/2010 5. Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to avoid metal-to-metal"welding". Upon installation of the equipment, the Contractor shall start the equipment, at least at half load, once weekly for an adequate period of time to insure that the equipment does not deteriorate from lack of use. 6. Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance. Mechanical equipment to be used in the work, if stored for longer than ninety (90) days, shall have the bearings cleaned, flushed and lubricated prior to testing and startup, at no extra cost to the Owner. 7. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certifications by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such, the manufacturer will guarantee the equipment equally in both Instances. If such a certification is not given, the equipment shall be judged to be defective. It shall be removed and replaced at the Contractor's expense. 1.06 SPARE PARTS A. Spare parts for certain equipment provided under Division 11 – Equipment, Division 13 – Special Construction, Division 15 – Mechanical, and Division 16 – Electrical have been specified in the pertinent sections of the Specifications. The Contractor shall collect and store all spare parts so required in an area to be designated by the Engineer. In addition, the Contractor shall furnish to the Engineer an inventory listing all spare parts, the equipment they are associated with, the name and address of the supplier, and the delivered cost of each item. Copies of actual invoices for each item shall be furnished with the inventory to substantiate the. delivered cost. 1.07 GREASE, OIL AND FUEL A. All grease, oil and fuel required for testing of equipment shall be furnished with the respective equipment. The Owner shall be furnished with a year's supply of required lubricants including grease and oil of the type recommended by the manufacturer with each item of equipment supplied. B. The Contractor shall be responsible for changing the oil in all drives and intermediate drives of each mechanical equipment after initial break-in of the equipment, which in no event shall be any longer than three (3) weeks of operation. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 01650 - Page 1 of 2 rev5/5/14 p SECTION 01650 START-UP PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Demonstrate to Owner and Engineer that the Work functions as a complete and operable system under normal and emergency operating conditions. B. Contractor shall provide all materials, personnel, equipment and expendables as needed and as specified to perform the required start-up and demonstration tests. C. Related Work Described Elsewhere: 1. Progress Schedules: Section 01300. 2. Operating and Maintenance Data: Section 11000 (if applicable). 3. Equipment: Division 11 (if applicable). 4. Mechanical: Division 15 (if applicable). PART 2 - PRODUCTS 2.01 START-UP PLAN A. Submit for approval by the Engineer a detailed start-up plan outlining the schedule and sequence of all tests and· start-up activities, including submittal of checkout forms, submittal of demonstration test procedures, start-up, demonstration and testing, submittal of certification of completed demonstration and training. Start-up and commissioning may not begin until the plan is approved by the Engineer. PART 3 - EXECUTION 3.01 COMPONENT TEST AND CHECK-OUT A. Demonstrate to the Engineer and the Owner's representative, that all temporary jumpers and/or bypasses have been removed and that all of the components are operating under their own controls as designated. B. Coordinate start-up activities with the Owner's operating personnel at the treatment plant site and with the Engineer prior to commencing system start-up. 3.02 START-UP C. Confirm that all equipment is properly energized, that the valves are set to their normal operating condition and that the flow path through the new Work is unobstructed. 3.03 START-UP DEMONSTRATION AND TESTING A. After all Work components have been constructed, field tested, and started up in accordance with the individual Specifications and manufacturer requirements, and after all Check-Out Forms have been completed and submitted, perform the Startup 01650 - Page 2 of 2 rev5/5/14 Demonstration and Testing. The demonstration period shall be held upon completion of all systems at a starting date to be agreed upon in writing by the Owner or his representative. Prior to beginning the start-up demonstration testing, the Contractor shall submit a detailed schedule of operational circumstances for approval by the Engineer. The schedule of operational circumstances shall describe, in detail, the proposed test procedures for each piece of equipment. Provide similar test procedure forms for each piece of equipment or section of the Work to include all particular aspects and features of that equipment or section of the Work and as specified in the Technical Sections of the Specifications. B. The Start-Up Demonstration Testing will be conducted for five (5) consecutive days. The Work must operate successfully during the five (5) day testing period in the manner intended. If the Work does not operate successfully, or if the start-up is interrupted due to other contracts, the problems will be corrected and the test will start over from day one~ The party causing the interruption will be subject to the assessment of actual damages due to delay. C. During the start-up demonstration period, operate the Work, instruct designated plant operating personnel in the function and operation of the Work, and cause various operational circumstances to occur. As a minimum, these circumstances will include average and peak daily flows, random equipment or process failures, tank overflows, surcharges, interlocks and bypasses. Demonstrate the essential features of the equipment and its relationship to other equipment. The approved schedule of operational circumstances and Demonstration Test Procedures Forms will be used as the agenda during the Start-Up Demonstration Testing period for all equipment and sections of the Work. Coordination of the demonstration test schedule will be accomplished through the Engineer. D. Acceptability of the Work's performance will be based on the Work performing as specified under these actual and simulated operating conditions, to provide water treatment facilities functioning as intended and as defined in the Contract Documents. The intent of the start-up demonstration and testing is for the Contractor to demonstrate to the Owner and the Engineer that the Work will function as a complete and operable system under normal, as well as emergency operating conditions, and is ready for final acceptance. E. Demonstrate the essential features of all the mechanical systems including, but not limited to, the following as they apply to the Work. Each system shall be demonstrated once only, after completion of testing. F. Upon successful completion of the Start-up, Demonstration and Testing, the Owner's personnel will receive the specified training for each system. Training of the Owner's personnel will not be considered valid unless it takes place using a system that has successfully passed the Start-up, Demonstration and Testing. G. Upon completion of all specified operator training, the Contractor shall submit to the Engineer six (6) copies of the Certificate of Completed Demonstration Form, for each item of equipment or system in the Work, signed by the Contractor, Subcontractor, Engineer, and the Owner. Insert one (1) copy of this form in the applicable section of each Operation and Maintenance Manual. A sample Certificate of Completed Demonstration Form is provided in Section 00866. END OF SECTION 01701 – Page 1 of 5 rev7/20/2010 SECTION 01701 PROJECT CLOSEOUT PART 1 - GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for project closeout. 1. Inspection procedures. 2. Project record document submittal. 3. Final cleaning. 1.02 SUBSTANTIAL COMPLETION A. Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. 2. Advise Owner of pending insurance change-over requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications and similar documents - refer to Section 01740. 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities; include occupancy permits, operating certificates and similar releases. 5. Submit record drawings, maintenance manuals, and similar final record information. 6. Complete start-up testing of systems, and instruction of the Owner's operating and maintenance personnel. Discontinue or change over and remove temporary facilities from the site, along with construction tools, mock-ups, and similar elements. 7. Complete final clean up requirements, including touch-up painting. Touch-up and otherwise repair and restore marred exposed finishes. B. When the Contractor considers the Work to be substantially complete, he shall submit a written notice to the Engineer that the Work, or designated portion of the Work, is complete and ready for inspection. C. Within 5 days of receipt of a request for inspection, the Engineer will either proceed with inspection or advise the Contractor of unfulfilled requirements. When the Engineer and Owner concur that the Work, or designated portion of the Work, is substantially complete, the Engineer will prepare the Certificate of Substantial Completion following inspection. 01701 – Page 2 of 5 rev7/20/2010 D. Should the Engineer determine that the Work is not substantially complete, he will advise the Contractor of construction or other requirements that must be completed or corrected before the certificate will be issued. 1. The Engineer will repeat inspection when requested and assured that the Work has been substantially completed. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.03 FINAL COMPLETION A. When Contractor considers the Work to be complete, he shall submit written certification to the Engineer that the Work is completed and ready for final inspection. Include the following: 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations. 2 Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Engineer's final inspection list of items to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, and the list has been endorsed and dated by the Engineer. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion, or when the Owner took possession of and responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 6. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. The Engineer will inspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except items whose completion has been delayed because of circumstances acceptable to the Engineer. 1. Upon completion of inspection, the Engineer will prepare a certificate of final acceptance, or advise the Contractor of Work that is incomplete, or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection process will be repeated. 1.04 RECORD DOCUMENT SUBMITTALS A. Maintain at the site one complete set of record documents; protect from deterioration and loss in a secure, fire-resistive location. 01701 – Page 3 of 5 rev7/20/2010 1. Provide access to record documents for the Engineer's reference during normal working hours. 2. Label each document "PROJECT RECORD" in 2-inch high printed letters. 3. Do not use for construction purposes. B. Record Drawings: Maintain a clean, undamaged set of blue or black line white-prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark whichever drawing is most capable of showing conditions fully and accurately; where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that was not shown on Contract Drawings or Shop Drawings. 3. Show elevations and horizontal control dimensions of storm sewers, gravity sewers including laterals, electric cables, television cables, telephone cables, force mains, water mains crossed, and any other underground utilities and structures. Information shall be obtained by surveying by a professional engineer or land surveyor registered in the State of Florida. 4. Note related Change Order numbers where applicable. 5. Organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on the cover of each set. C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda, and one copy of other written construction documents such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions, selection of options and similar information on elements that are concealed or cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. D. Record Product Data: Maintain one copy of each Product Data submittal. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site, and from the manufacturer's installation instructions and recommendations. 01701 – Page 4 of 5 rev7/20/2010 2. Give particular attention to concealed products and portions of the Work which cannot otherwise be readily discerned later by direct observation. 3. Note related Change Orders and mark-up of record drawings and Specifications. E. Record Sample Submitted: Immediately prior to the date or dates of Substantial Completion, the Contractor will meet at the site with the Engineer and the Owner to determine which of the submitted Samples that have been maintained during progress of the Work are to be transmitted to the Owner for record purposes. Comply with delivery to the Owner's Sample storage area. F. Record Survey: Provide as-built survey prepared in accordance with the minimum technical standards for surveying as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6 Florida Administrative Code, pursuant to Section 472.027 Florida Statutes. G. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the Work. H. At Contract close-out, deliver one copy of Record Documents to Engineer for Owner. Accompany submittal with transmittal letter in duplicate containing the following information: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title and number of each Record Document. 5. Signature of Contractor or his authorized representative. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION 3.01 FINAL CLEANING A. Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. B. Complete the following cleaning operations before requesting inspection for Certification of Substantial Completion and maintain until final completion, except in areas occupied or designated by Owner. 1. Remove labels that are not permanent labels. 2. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compound and other substances that are noticeable 01701 – Page 5 of 5 rev7/20/2010 vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. 3 Clean exposed exterior and interior hard-surfaced finishes to a dust-free condition, free of stains, films and similar foreign substances. Restore reflective surfaces to their original reflective condition. 4. Leave concrete floors broom clean. 5. Vacuum carpeted surfaces. 6. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other substances. 7. Clean plumbing fixtures to a sanitary condition. 8. Clean light fixtures and lamps. 9. Clean the site, including landscape development areas, of rubbish, litter and other foreign substances. 10. Sweep paved areas broom clean; remove stains, spills and other foreign . deposits. 11. Rake grounds that are neither paved nor planted, to a smooth even-textured surface. C. Engage an experienced exterminator to make a final inspection and rid the Project of rodents, insects and other pests. D. Remove temporary protection and facilities installed for protection of the Work during construction. E. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner. F. Where extra materials of value remaining after completion of associated Work have become the Owner's property, arrange for disposition of these materials as directed. END OF SECTION 01720 - Page 1 of 3 1/20/16 SECTION 01720 RECORD DOCUMENTS PART 1- GENERAL 1.01 DESCRIPTION A Scope of Work: Maintain at the site for the Owner one (1) record copy of: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications of the Contract. 5. Engineer's Field Orders or written instructions. 6. Approved Shop Drawings, Working Drawings and Samples. 7. Field test records. 8. Construction photographs. B. Related Requirements Described Elsewhere: 1. Shop Drawings, Working Drawings and Samples: Section 01300. 3. Construction Facilities: Section 01500. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A Store documents and samples in Contractor's field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with CSI format with section numbers as provided herein. C. Maintain documents in a clean, dry, legible, condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Engineer or the Owner. E. As a prerequisite for monthly Progress payments, the Contractor is to exhibit the currently updated "Record Documents" for review by the Engineer and Owner. Payment may be withheld if record documents are not satisfactorily maintained. 01720 - Page 2 of 3 1/20/16 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" with a rubber stamp having one (1) inch high letters. B. Record information concurrently with construction progress. 1. Do not conceal any work until required information is recorded. C. Piping and structures are to be located at the positions and to the accuracy specified in Section 00700 General Conditions, Article 6.12. D. Drawings: Legibly and clearly mark, to scale, each drawing to record actual construction: 1. Depths of various elements of foundation in relation to finish first floor datum. 2. All underground piping with elevations and dimensions. Changes to piping location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimension and detail. 5. Changes made by Field Order or by Change Order. 6. Details not on original Contract Drawings. 7. Equipment and piping relocations. 8. Major architectural and structural changes including relocation of doors, windows, etc. 9. Architectural schedule changes according to Contractor's records and shop drawings. E. 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. F. Shop Drawings (after final review and approval): Provide six (6) sets of record shop drawings within the Operation and Maintenance Manual, for each process equipment, piping, electrical system and instrumentation system. 01720 - Page 3 of 3 1/20/16 1.05 SUBMITTAL A At Contract closeout, deliver 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 3.01 PREPARATION OF RECORD DRAWINGS A. Prior to preparation of final Record Drawings the Contractor shall obtain and record the following information: 1. Horizontal and vertical location of all pipe ends, pipe fittings, valves and appurtenances, and at all changes in pipe direction. 2. Horizontal and vertical location of all building corners, tanks and all other structures erected or installed as part of this project. For circular structures, provide horizontal and vertical locations at the four quadrant points representing north, south, east, and west. Also provide horizontal and vertical location point for the center of the tank. Provide horizontal and vertical locations for all structure roof/top floor/top of structure corner points. B. Horizontal and vertical location points shall be obtained by a surveyor registered in the State of Florida. C. All horizontal measurements shall be in NAD 1983 HARN StatePlane Florida East FIPS 0901. Units shall be State Plane Feet. Vertical measurements shall be in NAVD88, units of Feet. D. Provide Record Drawings in electronic DWG format, compatible with AutoCAD 2010. Files produced using 3D programs/extensions/add-ins or “specialty packs” which produce “proxy” objects will NOT be accepted. Provide all files on CD/DVD media, appropiately labeled with Project Name, Contractors Name, Date and “Record Drawings”. END OF SECTION 01740 – Page 1 of 3 rev5/5/14 SECTION 01740 WARRANTIES AND BONDS PART 1 - GENERAL 1.01 RELATED REQUIREMENTS A. General provisions of Contract, including General and Supplementary Conditions. B. Warranties and certificates for specific products - Respective Plans/Specification Sections. C. Project closeout - Section 01701. D. Operating and maintenance data - Section 01730 (if applicable). 1.02 SECTION INCLUDES A. Administrative and procedural requirements for warranties, bonds, and certifications required by the Contract Documents, including manufacturers standard warranties on products and special warranties. 1.03 WARRANTY REQUIREMENTS A. When correcting warranted Work that has failed, remove and replace other Work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted Work. B. When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. D. Written warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, obligations, rights, or remedies. E. The Owner reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the Contract Documents. F. The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required on such Work or part of the Work, until evidence is presented that entities required to countersign such commitments are willing to do so. 01740 – Page 2 of 3 rev5/5/14 1.04 SUBMITTALS A. Submit written warranties to the Owner before requesting inspection for Substantial Completion. If the Owner's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the Owner. B. When a designated portion of the Work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Owner within fifteen days of completion of that designated portion of the Work. C. When a special warranty is required to be executed by the Contractor, or the Contractor and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner for approval prior to final execution. D. Provide written certifications of compliance and other commitments and agreements for continuing services in a form which includes all pertinent information including: 1. Quantities and dates of shipments. 2. Testament that materials incorporated into the Work comply with specified requirements. Certification shall not be construed as relieving the Contractor from furnishing satisfactory materials, if the material is later found to not meet specified requirements. 3. Signature of officer of company. 4. Laboratory test reports submitted with certificates of compliance shall show dates of testing, specification requirements under which testing was performed, and results of tests. E. Refer to individual Sections of Divisions 2 through 16 for specific content requirements, and particular requirements for submittal of special warranties. F. Form of Submittal: 1. Compile three (3) copies of each required warranty and bond properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. 2. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. 3. Bind warranties and bonds in heavy-duty, commercial quality, durable 3-ring vinyl covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2 in. by 11 in. paper. 4. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address and telephone number of the installer. 01740 – Page 3 of 3 rev5/5/14 5. Identify each binder on the front and the spine with the typed or printed title "WARRANTIES AND BONDS", the Project title or name, and the name of the Contractor. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION DIVISION 2 SITE WORK 02050 – Page 1 of 4 12/30/15 SECTION 02050 DEMOLITION AND BYPASSING PART 1 GENERAL 1.01 SCOPE OF WORK A. The following specification provides specific details associated with the demolition, abandonment and removal from the site of the existing ductile iron pipes and the wooden cross supports and metal or wooden pipe supports on the above water bent pile support system of the Combined Beaches Outfall. In addition, demolition, abandonment and removal from the site of a portion of the underground pipe located on the land is included. The existing pile bents stay in place (do not remove). B. Furnish all labor, materials, equipment and incidentals required and demolish, modify, remove and dispose of work shown on the Drawings and as specified herein. C. Included, but not limited to, are demolition, modifications and removal of existing materials, equipment or work necessary to remove the 12” and 24” ductile iron pipes and support system. D. Demolition, modifications and removals which may be specified under other Sections shall conform to requirements of this Section. E. Demolition and modifications include: 1. Piping -Demolition of the existing 12” and 24” ductile iron pipe and fittings located on the pile supports (subaqueous portion) as well as the buried pipe on the land portion as shown on the drawings. 2. Piping Support System - Demolition of the wooden cross supports and existing metal or wooden pipe supports on the subaqueous portion of the project. 3. Existing bent piles are not to be removed. F. Blasting and the use of explosives will not be permitted for any demolition work. G. Prior to demolition, bypassing must be set up by the contractor. Contractor to develop and implement a bypassing plan for the work. 1.02 RELATED WORK A. Summary of Work is included in Section 01010. B. Submittals are included in Section 01300. C. Regulatory Requirements is included in Section 01060. 1.03 SUBMITTALS A. Submit, in accordance with Section 01300, six copies of proposed methods and operations of demolition of the structures and modifications prior to the start of work. 02050 – Page 2 of 4 12/30/15 Include in the schedule the coordination of shutoff, capping and continuation of utility service as required. B. Furnish a detailed sequence of bypassing flow to ensure the uninterrupted discharge of treated wastewater. C. Before commencing demolition work, all modifications necessary to bypass the affected structure shall be completed. Actual work shall not begin until the Engineer has inspected and approved the modifications and authorized commencement of the demolition work in writing. 1.04 JOB CONDITIONS A. Protection 1. Execute the demolition and removal work to prevent damage or injury to structures, occupants thereof and adjacent features which might result from falling debris or other causes, and so as not to interfere with the use, and free and safe passage to and from adjacent structures. 2. Closing or obstructing of roadways, sidewalks and passageways adjacent to the work by the placement or storage of materials will not be permitted and all operations shall be conducted with a minimum interference to traffic on these ways. 3. Erect and maintain barriers, lights, sidewalk sheds and other required protective devices. B. Scheduling 1. Carry out operations so as to avoid interference with operations and work in the existing facilities. C. Notification 1. At least 48 hours prior to commencement of a demolition or removal, notify the Engineer in writing of proposed schedule therefor. No removals shall be started without the permission of the Engineer. D. Conditions of Structures 1. The Owner and the Engineer assume no responsibility for the actual condition of the piping/structures to be demolished or modified. 2. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within a structure may occur prior to the start of demolition work. E. Repairs to Damage 02050 – Page 3 of 4 12/30/15 1. Promptly repair damage caused to adjacent facilities by demolition operation when directed by Engineer and at no additional cost to the Owner. Repairs shall be made to a condition at least equal to that which existed prior to construction. F. Traffic Access 1. Conduct demolition and modification operations and the removal of equipment and debris to ensure minimum interference with roads, streets, walks both onsite and offsite and to ensure minimum interference with occupied or used facilities. 2. Special attention is directed towards maintaining safe and convenient access to the beach areas adjacent to the outfall. 3. Do not close or obstruct streets, walks or other occupied or used facilities without permission from the Engineer. Furnish alternate routes around closed or obstructed traffic in access ways. 1.05 DISPOSAL OF MATERIAL A. All material and piping listed hereinafter is not considered salvageable to the Owner and shall become the property of the Contractor and must be removed from the site and properly disposed of. B. The storage or sale of removed items on the site will not be allowed. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 GENERAL A. All materials and equipment removed from existing work shall become the property of the Contractor. B. Dispose of all demolition materials, equipment, debris and all other items, off the site and in conformance with all existing applicable laws and regulations. C. Outfall Structure Demolition 1. Follow approved demolition and bypassing plan 3.02 BYPASSING PLAN A. Prior to removing the pipe from service, the contractor will be required to bypass wastewater flow. The combined flow from the three beach communities - an average of 5.0 mgd and recent maximum day flow (total of the three cities) = 10.0 mgd. Contractor shall select temporary portable pumps capable of 100%-125% of the maximum day flow. B. Contractor shall provide all temporary pumps, piping, valves and fittings and make all connections to provide continuous discharge of the effluent from the all three cities. 02050 – Page 4 of 4 12/30/15 C. The temporary piping for the force main is to be sized to handle pipe flow and shall be installed adjacent to the current outfall pipes (within the existing easement) discharge into the same location of the current outfall pipes. D. Coordinate all bypass operations in advance with operations personal from the City of Atlantic Beach. 3.03 PIPE & OUTFALL STRUCTURE REMOVALS A. Remove 12” and 24” ductile iron pipe as shown on the drawings. B. Remove wooden cross supports and metal/wooden pipe supports as shown on the drawings. C. Existing bent piles are not to be removed. 3.04 CLEAN-UP A. Remove from the site all debris resulting from the demolition operations as it accumulates. Upon completion of the work, all materials, equipment, waste and debris of every sort shall be removed and premises shall be left, clean, neat and orderly. END OF SECTION 02225 - Page 1 of 4 rev9/3/2015 SECTION 02225 TRENCHING & BACKFILLING AND INSTALLING OUTFALL PIPE PART 1 - GENERAL 1.1 SCOPE A. The work under this section covers the furnishing of all materials, equipment tools, labor, supervision and incidentals necessary for excavating, backfilling and installing the direct bury of the outfall pipe for underground pipelines and utilities as indicated on the drawings and specified herein. PART 2 - PRODUCT 2.1 GENERAL REQUIREMENTS A. Although a portion of the outfall pipe will be on the beach above the St. Johns River flow, the work on this project is considered a subaqueous installation. This is due to the tidal effect of high and low tides where a portion of the installation will be on dry land and a portion will always be in the river. During lower tides, the installation may be more typical of land based pipe installation except that the water table will be high and would be typical of a beach installation where the sand is somewhat fluid. Contractor is required to have experience in marine subaqueous installation of outfall pipes or other similar pipes. B. Unsuitable material is soil which is unsuitable for the support of structures, piping, or other materials. Unsuitable material shall be soils containing muck, clay, excessive amount of organic material, stumps, brush, roots, rubbish and building material rubble. Unsuitable material shall be removed and replaced with similar native beach sand. In the event, unsuitable material is located refer to General Conditions 4.03 Differing Subsurface or Physical Conditions. 2.2 MATERIALS A. Excavated Native Material - Excavated native material free from perishable and objectionable objects and containing no stones or clods larger than three (3) inches in diameter, unless otherwise specified, shall be used for backfilling and such grading on the site as required. Any excess material shall be placed where directed. C. Granular Backfill - Granular backfill shall consist of well-graded crushed stone or crushed gravel meeting the requirements of American Standards of Testing and Materials (ASTM) C 33 (latest), Gradation 67 (3/4 inches to No. 4). Air cooled blast furnace slag, alone or in combination with crushed stone and/or crushed gravel conforming to ASTM C 33 (latest) requirements may also be used. D. Sand Backfill - Sand backfill shall consist of a coarse natural granular material, free of deleterious amounts of organic material, mica, loam, clay and other substances not uniform gradation between sieve sizes No. 4 and No. 50. All particles shall pass a 3/8 inch sieve and no particles shall pass a No. 100 sieve. 02225 - Page 2 of 4 rev9/3/2015 PART 3 - EXECUTION 3.1 GENERAL REQUIREMENTS A. The extent of excavation open at any one time will be held to a minimum consistent with normal and orderly prosecution of the work. The Contractor is required to locate all underground structures and utilities, shown on the drawings or made known to him during construction. The Contractor is to coordinate with the local utility companies as required to determine the location of utilities within the limits of the work in adequate time to allow for relocation or adjustment of utility lines prior to conflict with the work, and to show the location of the utilities ahead of the work. 3.2 PROTECTING EXISTING UTILITIES A. Each existing utility exposed is to be fully protected and supported during construction. Any damage caused during backfilling operations is to be promptly repaired at no cost to the utility owner. All temporary protective and support systems installed on existing utilities are to remain in place until they can be supported and protected by the trench backfill. 3.3 EXCAVATED MATERIAL A. Excavated material to be used for backfill shall be neatly deposited at the sides of the trenches where space is available on dry land. For the material excavated in the river, temporary storage shall be on barge or other suitable floating structure and ensure that the sand is not deposited back into the river to create excessive silting. The existing 30’ easement may be used to stockpile excavated material. Should the Contractor require or desire additional area, it is the Contractor’s responsibility to obtain a site(s) and shall so maintain his operations as to provide for natural drainage and not present an unsightly appearance. Rock, shell or other base materials for roads and alleys shall be carefully selected and kept separate. Grade and line stakes shall be protected. No excavated material shall be placed on private property without the written consent of the property owner. B. Where materials unsuitable for backfill are excavated within the limits of excavation shown on the drawings, the unsuitable material shall be removed from the job site and disposed of by the Contractor. Suitable native granular or sand backfill shall be provided to replace the unsuitable materials. 3.4 TRENCH EXCAVATION A. All excavation for pipeline and utilities shall be open cut and tunneling or directional drill shall not be permitted unless specifically called for on the plans. Trench sides shall be approximately vertical between an elevation of one (1) foot above the top of the pipe and the centerline of the utility; otherwise, trench sides shall be as vertical as possible or as required. Trench may be excavated by machinery to a depth that will not disturb the finish grade. B. Excavate trenches to depth indicated or required for indicated flow lines and invert elevations. 02225 - Page 3 of 4 rev9/3/2015 C. Dig trenches to the uniform width required for particular item to be installed, sufficiently wide to provide ample working room. Provide minimum 8-inch clearance on each side of pipe or conduit, for unsheeted or sheeted trench, with maximum width of trench measured at top of pipe, not to exceed the outside diameter, plus 24 inches. D. Excavated material consisting of muck, mud or other unsuitable material shall not be stockpiled for backfill. Contractor shall remove such material from the site as it is excavated and shall dispose of it in an approved manner. E. Excavation in rock shall be made to at least six (6) inches below the finish grade of the utility and backfilled with a 6-inch layer of crushed stone or gravel prior to installation of pipe. F. The Contractor shall be required to maintain uninterrupted utility service along the project but the methods used to accomplish this shall be left to his discretion, subject to approval of the authorities having jurisdiction. Puddling or discharge of sewage into open ditches will not be permitted. Existing piping damaged or removed to facilitate construction shall be replaced in kind, location and elevation. 3.5 SHEETING AND SHORING A. The Contractor shall provide and install such sheeting and shoring as required to support the sides of any excavation to prevent earth movement that could endanger the work or workmen, or any existing structures, or to perform the subaqueous pipe installation. Sheeting and shoring shall be used when the angle of response for sloping of sides cannot be obtained or the native material being excavated requires support. It shall be the Contractor's responsibility to place this sheeting and shoring for such protective purposes without the Owner's or Engineer's instructions. B. . The Contractor shall provide and install sheeting and shoring as necessary. Sheeting and shoring will be considered as being for Contractor's convenience and benefit, and all costs of furnishing, installing and removing same shall be borne by him and included in the price of the pipe. Sheeting may be timber or steel at the Contractor's option unless otherwise specified on the Contract Drawings or elsewhere in these specifications. 3.6 TRENCH BACKFILLING A. Backfilling operations are not to proceed until all necessary tests, inspections or observations have been performed as required by the applicable utility specification. The Contractor shall be responsible for obtaining the necessary inspections before, during and after backfilling, and shall re-excavate, refill, and perform all such related work to obtain satisfactory test results. All debris, rocks, broken concrete, formwork, etc., is to be removed from the trench prior to the start of backfilling operations. All backfill material is to be free of muck, rock, organic material, broken concrete or other debris. Backfill is to be placed in uniform six-inch (6-inch) layers, loose measure. B. Backfill material is to be placed in the trench in such a manner so as not to disturb the alignment of the utility. Under no circumstances is a bulldozer or 02225 - Page 4 of 4 rev9/3/2015 other equipment to be allowed to push fill material into the trench. The material is not to be dropped on the utility but placed in a manner as to allow the utility to remain in place and to allow for the uniform spreading and compaction of the material. Material is to be placed on both sides of the utility so that the backfill will have the same elevation on each side during compaction operations. C. Whenever trenches have not been properly filled, or if settlement occurs, they shall be refilled, smoothed off, and finally made to conform to the surface of the ground. Backfilling shall be carefully performed and surface restored to the elevation shown on the plans. In unpaved areas, the surface of trenches shall conform and be equal in quality, character and materials to the surface immediately prior to making the excavation. D. . Miscellaneous: Backfilling around meter boxes, valve boxes and other structures shall be accomplished in same manner as the connected pipe. 3.7 EXCAVATION BELOW NORMAL GRADE A. In the event the Contractor through error or carelessness excavates below the elevations required, the Contractor shall at his own expense backfill with granular backfill as hereinbefore specified and compact to obtain a suitable bedding. B. In the event unstable or unsuitable bedding material is encountered at or below the limits of excavation noted on the drawings, such materials shall be removed and replaced with suitable compacted granular backfill material as hereinbefore specified. 3.7 BACKFILL MAINTENANCE A. The Contractor shall refill for settlement all backfilled areas. The surfaces of backfilled trenches shall be maintained in a safe and satisfactory condition at all times after being opened to traffic until the final acceptance of the contract work by the Owner. 3.8 GRANULAR OR SAND BACKFILL A. The Contractor shall furnish, place and compact granular backfill as specified hereinbefore, in authorized excavation below normal grade, as bedding material, in other locations as indicated on the drawings, or as specified. B. Granular backfill to be compacted shall be placed in layers not over six (6) inches thick, and each layer shall be thoroughly compacted with mechanical vibrators. C. In lieu of the above specified granular material for backfill and bedding, the Contractor shall use a good grade of coarse sand, free of organic or other unsuitable material. END OF SECTION 02270-1 1/20/2016 SECTION 02270 EROSION AND SEDIMENT POLLUTION CONTROL 1.01 General A. Summary 1. Section Includes: The work specified in this section consists of the erosion and sediment pollution control measures for the earthwork activities as specified in various other sections of the project manual. a. The erosion and sediment pollution control protection measures for the project are presented in narrative form on the drawings and also illustrated in details on the drawings. b. The erosion and sediment pollution control measures specified herein and indicated on the drawings are the minimum measures considered necessary to achieve acceptable erosion and sediment pollution management. Additional controls may be required at problem areas that develop during construction activities. B. References 1. American Society for Testing and Materials (ASTM) A82 ...... Specification for Steel Wire, Plain, for Concrete Reinforcement C602 .... Specification for Agricultural Liming Materials 2. Florida Department of Transportation (FDOT) 3. US Department of Agriculture, Soil Conservation Service Stand and Specifications: Stabilized Construction Entrance C. Submittals 1. Erosion and Sediment Pollution Control Plan for Off-Site Spoil Area: If an off-site spoil area for excess materials is required, prepare and submit for approval a Contractor-prepared erosion and sediment pollution control plan for the off-site spoil area. Submit the plan to the appropriate county conservation district. The Contractor shall have an approved erosion and sediment pollution control plan prior to the start of earthmoving activities. 2. Product Data: Submit catalog cuts and such other data as required to provide complete descriptive information for the following: a. Geotextiles b. Silt fence filter fabric 02270-2 1/20/2016 c. Erosion control matting D. Quality Assurance 1. Design Criteria: The Erosion and Sediment Pollution Control Program Manual for the State of Florida. 2. Requirements of Regulatory Agencies: Conduct the work of this section in complete compliance with the requirements of the erosion and sediment pollution control plan presented on the drawings and the rules and regulations of the following governmental agencies as they may exceed the requirements of the erosion and sediment pollution control plan: a. Regulatory Agencies 1. The Florida Department of Environmental Protection (FLDEP) 2. US Army Corps of Engineers (USACOE) 3. US Coast Guard (USCG) 4. The local county conservation district, if applicable 5. Other local agencies as applicable b. Copies of permits from the USACOE, FDEP and USCG are contained in the Appendices. c. On-Site Review: To maximize the effectiveness of the erosion and sediment pollution control plan, the Contractor shall arrange an on-site review with personnel of the county conservation district to determine how to best implement the erosion and sediment pollution control plan. d. Penalties: Fines and related costs resulting from the Contractor’s failure to provide adequate protection against soil erosion shall be borne by the Contractor. E. Delivery, Storage, and Handling 1. Delivery and Handling: Transport and handle products specified herein in a manner recommended by the respective manufacturer of such to prevent damage and defects. 2. Storage: Store products in accordance with manufacturer’s recommendations to prevent damage and contamination. 1.02 Products A. Materials 02270-3 1/20/2016 1. Earth Fill: On-site soil or soil-rock mixed materials free of topsoil, plant life, lumber, metal, refuse, and rock or similar hard objects larger than six inches (6”) in greatest dimension. 2. Select Earth Fill: On-site material free of plant life, lumber, metal, refuse, and rocks or similar hard objects larger than one inch (1”) in greatest dimension. 3. Aggregates a. AASHTO No. 1 and 57 Rock: Coarse aggregate conforming to PDT Section 703.2. b. NCSA Rock 4. Riprap: Field stone or rough unhewn quarry stone of approximately rectangular shapes. Provide stones of such quality that will not disintegrate on exposure to water or weathering. a. Minimum Thickness: Nine inches (9”) measured perpendicular to face of stone. b. Minimum Face Dimensions: Not less than stone thickness. c. Weight: Not less than seventy percent (70%) of the individual pieces weighing one hundred fifty (150) pounds maximum and ten percent (10%) weighing less than one hundred (100) pounds minimum. 5. Geotextiles: Materials of construction as follows: a. Geotextile fabric shall consist of woven or non-woven long chain polymeric filaments or yarns such as polyethylene, polyamide, polyvinyledene-chloride, polypropylene, or polyester formed into a stable network so that the filaments or yarns retain their relative position to each other. b. Provide fabric inert to commonly encountered construction chemicals or substances. c. During periods of shipment and storage, protect the fabric from direct sunlight, ultraviolet rays, temperatures greater than one hundred forty degrees Fahrenheit (140o F), mud, dirt, dust, and debris. d. To the extent possible, maintain the fabric wrapped in a heavy-duty covering or shield from direct sunlight. 6. Silt Fence Filter Fabric: Previous sheet of propylene, nylon, polyester, or ethylene yarn and certified by the manufacturer or supplier as conforming to the following requirements. Physical Property Test Minimum Requirements Filtering Efficiency VTM-51 75% Tensile Strength at 20% (Maximum) Elongation* VTM-52 Extra Strength – 50 pounds/linear inch Standard Strength – 30 pounds/linear inch 02270-4 1/20/2016 Flow Rate VTM-51 0.3 gallon/square feet *Requirements reduced by 50% after 6 months of installation. Synthetic fiber fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0-120o F. a. Silt Fence Posts: Sound, rough-sawn cedar or hardwood measuring a full two inches by two inches (2” x 2”), length as required with tapered point. b. Wire Reinforcement for Silt Fences: A maximum of forty-two inches (42”) in height, a minimum of No. 14 gauge and having a maximum mesh spacing of six inches (6”). c. Tie Wire: Conforming to ASTM A82. 7. Erosion Control Matting: A seventy percent (70%) straw, thirty percent (30%) coconut fiber matrix sewn between a heavyweight ultraviolet stabilized top net and a lightweight bottom net with biodegradable cotton thread. Material composition shall have the following minimum properties: a. Material Composition: .35 pounds/square yard straw, .15 pounds/square yard coconut. b. Acceptable Manufacturers: 1. North American Green, SC150 2. Or equal c. Staples: For anchoring soil stabilizing materials provide stapes of No. 11 gauge wire or heavier. Their length shall range from six inches (6”) to ten inches (10”), with the longer staples used on loose, unstable soils. 8. Temporary Grass Cover Materials a. Agricultural Liming Materials: Products containing calcium and magnesium compounds capable of neutralizing soil acidity and containing not less than eighty percent (80%) of total carbonates. Use liming material meeting requirements of ASTM C602 and conforming to applicable state liming material regulations. b. Fertilizer: Commercial fertilizer, specifically formulated for lawn growth, of uniform composition, free-flowing, and in conformity with applicable state fertilizer laws. c. Grass Seed: New crop seed, furnished in sealed packages with proof of correct mixture evidenced, age of seed indicated, and compliance with applicable state regulations evidenced as required. 1. Temporary and Permanent Seed Mixtures: Seed species and mixture as indicated on the drawings. 02270-5 1/20/2016 d. Mulch: Straw stalks of threshed grain or tall hay grass stalks free from seed bearing stalks or roots harmful to lawn growth. Mulch material containing noxious weeds, decomposed material, or brittle weed material is not acceptable. e. Non-Asphaltic Emulsion Mulch Binder: Provide either a water soluble blend of vegetable gum blended with gelling and hardening agents, or a water soluble blend of hydrophyllic polymers, viscosifiers, sticking aids, and gums. Asphalt emulsion binders are not acceptable. 1.03 Execution A. Installation 1. General Requirements: Install the erosion and sediment pollution control measures in accordance with the erosion and sediment pollution control narrative and the drawing details, both as indicated on the project drawings. a. Locations: Install the erosion and sediment pollution control measures at such locations as indicated throughout the project drawings and as required by field conditions. b. Permanent Seeding: As specified in Section 02260. c. Maintenance: Maintain the erosion and sediment pollution control measures during construction period in accordance with the narrative on the project drawings. 2. Excess Materials and Spoil Areas: When excess excavated materials are not incorporated into the site then dispose of such in an approved spoil area outside the flood plain and in a manner than minimizes erosion. a. It is the Contractor’s responsibility to obtain the permits, owner consents, etc., required to dispose of excess materials. b. Adequately protect materials against erosion when deposited in such spoil area. Protection may be in the following manner. 1. Grade excess excavated material areas to a slope of three percent (3%) or less. 2. If the materials are spread out and graded, then mulch and seed the area immediately upon completion of grading. 3. If the materials are stockpiled, then protect the down slope sides of stockpiled materials as indicated on the drawings. END OF SECTION 02640 - Page 1 of 7 CoAB8/6/2013 SECTION 02640 VALVES AND ACCESSORIES PART 1 – GENERAL 1.01 DESCRIPTION OF WORK: A. The extent of work contained in this section of specifications shall generally include but not be limited to the furnishing and installation of all types of valves, strainers, and other accessories required to control or prevent flow of gas or liquids through or at existing pipe or new piping as indicated on contract drawings and as contained in these specifications. 1.02 QUALITY ASSURANCE: A. All reference to Industry Standards (ASTM, ANSI, AWWA, etc.) shall be the latest revision unless otherwise stated. 1. Standards: a. American National Standards Institute (ANSI): a. B16.1-1975, Cast Iron Pipe Flanges and Flanged Fittings, class 25, 125, 250 and 800. b. American Society for Testing and Materials (ASTM): 1) A 126-73 (79), Gray Iron Castings for Valves, Flanges and Pipe Fittings. 2) A536-80, Ductile Iron Castings. 3) B62-82, Composition Bronze or Ounce Metal Castings. 4) B148-82, Aluminum Bronze Sand Castings. 5) B584-82, Copper Alloy Sand Castings for General Application. c. American Water Works Association (AWWA): 1) C500-86, Gate Valves – 3 in. through 48 in. – for Water and Sewerage Systems. 2) C504, Rubber Seated Butterfly Valves 3) C508-82, Swing-Check Valves for Waterworks Service 2 in. through 24 in. 4) C509-87, Resilient Seated Gate Valves – 3 in. through 12 in. for Water and Sewerage Systems. 1.03 SUBMITTALS: A. Submit shop drawings for each valve type. 02640 - Page 2 of 7 CoAB8/6/2013 B. For specialty items, the contractor shall submit detailed shop drawings that contain the following: 1. Manufacturer’s certification of materials’ conformance to specifications. 2. Manufacturer’s literature, catalog data and installation instructions. C. Submit shop drawings of valves and operators; indicating dimensions, details, material and finish. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Seal ends of valves for shipment to prevent entry of foreign matter into valve. B. Box, crate, completely enclose and protect valves and accessories from accumulations of foreign matter. C. During loading, transporting, and unloading exercise care to prevent damage to materials. Handle items to prevent damage to interior or exterior surfaces. D. Do not drop valves or accessories. E. Store valves and accessories in area protected from weather, moisture or possible damage. Do not store materials on ground. PART 2 – PRODUCTS 2.01 VALVES: A. General: 1. Valves shall be rated for not less than 150 psi cold water, non- shock service unless specified or indicated otherwise. 2. End Conditions: Fit joints specified indicated and/or required for piping. 3. Turn to left (counterclockwise) to open. 4. Provide valve boxes with all buried valves. 5. All Valves greater than 12-inches in diameter shall be gear operated. 6. All above ground valves shall be equipped hand wheels. 7. All in-plant yard valves shall be equipped with above-grade handwheel type floor stand operators. Provide 2” square socket coupling extension stem assembly as required. Operators shall be mounted securely to 18” minimum square, 6” thick concrete pad with suitable wire-mesh reinforcing. Floor stands shall be Clow F- 5500-T floor stand, or approved equal. B. Gate Valves: 1. Smaller than Three Inches: Shall be equipped with handwheel. 02640 - Page 3 of 7 CoAB8/6/2013 a. Type III (double wedge disc, rising stem, inside screw) b. Class B (150 lb. steam rating) 2. Three inches through 12 inches: a. Shall be AWWA C509, Iron body, resilient seat, non-rising bronze stem with 2” square operating nut on buried valves, handwheel on above ground or vault valves. 1) Working pressure of 200 psi. 2) Internal Metal Surfaces shall be two-part thermosetting epoxy coating, 4 mils thick. 3) Sealing Mechanism shall have zero leakage at 200 psi with flow in either direction. 4) Acceptable: Mueller Series A-2370, American CRS-80 or equal. 3. Larger Than 12 Inches: a. Shall be manufactured to meet AWWA C500 or AWWA C509 and meet the requirements of Paragraph 2.01, B.2 above. C. Butterfly Valves: 1. Greater than 12-Inch: Shall be AWWA C504, iron body, rubber seated with 2” square operating nut, turn to the left (counterclockwise) to open. 2. Working pressure of 150 psi. 3. End connections to fit joints specified and/or required for piping. 4. Acceptable: Mueller, Dezurik, or approved equal. D. Swing Check Valves: 1. Check valves shall be cast iron, bronze mounted and conform to AWWA C508-82. Ends shall be flanged joint. Valves shall be furnished with all jointing accessories. Lever and weight, or spring, shall be provided where required. All check valves shall be from a single manufacturer. Acceptable manufacturers: American Darling, M&H or Mueller. E. Plug Valves: 1. Plug valves except as noted shall be of the non-lubricated, eccentric type with resilient faced plugs, and screwed, flanged, or mechanical joint ends as shown on the plans. All plug valves shall provide drip-tight shutoff up to the full pressure rating of the valve with pressure in the seating direction. Valves with operators shall be drip-tight in either direction. Bodies shall be semi-steel with raised seats. Seats in three (3) inch and larger valves shall have a welded-in overlay of not less than ninety percent pure nickel on all surfaces contacting the plug face. Valves through twenty (20) inches shall have type 316 stainless steel permanently 02640 - Page 4 of 7 CoAB8/6/2013 lubricated upper and lower plug stem bushings. All valves four (4) inches and larger shall be of the bolted bonnet design. Packing on all valves shall be adjustable without disassembly of the actuator or valve. All exposed nuts, bolts, springs and washers shall be zinc plated. Means of actuation shall be by lever, gear actuator, tee wrench, extension stem, above ground operator, floorstand, etc., as indicated on the plans or by the engineer. Flanged valves shall be faced and drilled to ANSI 125 standard. All plug valves shall be as manufactured by DeZurik or approved equal. 2. All buried plug valves larger than 12-inches shall be equipped with gear actuators. Mounting brackets shall be totally enclosed with gasket seals. Valves in buried service shall have all exterior surfaces coated with coal tar epoxy. Buried valves shall have valve box and cover set at finished grade, with operating nut extended to within 6" from top of valve box, dezurik figure 341 or approved equal. Provide one tee wrench per valve. 3. Plug valves six (6) inch and smaller shall have 2" square nut and be wrench operated except where, due to lack of space for the wrench, or where the valve centerline is more than 5'-0" above the floor, they shall be either worm gear or spur gear operated and have wheel and chain where necessary. 4. Unless otherwise specified or approved, a suitable wrench shall be provided for each four (4) wrench-operated valves and at least one (1) for each operating station. Wrenches or wheels and chains shall be of suitable size and sufficient length for easy operation of the valves at their rated working pressure. F. Tapping Valves And Sleeves: 1. Tapping valves shall meet AWWA C509. The body shall be cast iron. The valve shall consist of ductile iron wedge disc with solid guide lugs; a resilient rubber seat ring; a non-rising bronze stem; 0-ring seals; thermoplastic anti-friction washer and a fully epoxy- coated interior on all parts which come in contact with water except the stem. The valve shall be operated by two-inch square operating nuts. Mueller Company H-667, or approved equal. 2. Tapping sleeves shall be solid cast iron body with Class 125 outlet flange. Mueller Company, H-615, or approved equal. G. Air Release And Vacuum Relief Valves: 1. Combination integral type with a valve assembly which functions as both an air and vacuum valve and an air release valve. a. Design valves for a water working pressure of 300 psi. Construct with stainless steel floats. All working parts shall be constructed of brass, stainless steel, or other corrosion-resistant materials. b. Pipe exhaust from each valve to a suitable disposal point. Provide a shutoff valve in the piping to each combination air release and vacuum relief valve assembly. c. Manufacturer: APCO Model 200 A, or approved equal. 02640 - Page 5 of 7 CoAB8/6/2013 H. Ball Valves: 1. Water Service: Ball valves shall be designed for a water working pressure of not less than 150 psi, shall be constructed of PVC and when in the fully-open position, shall have a port diameter not less than Schedule 80 PVC pipe of the same nominal diameter. Valves shall be designed with true union ends to permit removal of the valve from the line and with end connectors designed for solvent welding to the pipe. Acceptable: ASAHI Duo-Bloc, Chemitrol or equal. 2. Vacuum Service: Ball valves shall be designed for a water working pressure of not less than 150 psi and shall be full vacuum rated. Valves shall be PVC with a port diameter not less than Schedule 80 PVC of the same nominal diameter. Valves shall be designed with true union ends to permit removal of the valve from the line and with end connectors to allow a threaded connection in the vacuum line. Acceptable: ASAHI Duo-Block or approved equal. 3. Sodium Hypochlorite Service: Ball valves shall be suitable for use in sodium hypochlorite service. Body and ball shall be of PVC, EPDM O-rings. Connections shall be socket-welded, true union, suitable for schedule 80 PVC pipe. Threaded connections generally will not be acceptable unless no alternative exists. Valves ball shall be vented. Vent shall be to the normally upstream side. Valves shall be “Plast-O-Matic” Series MBV or approved equal. I. Wye Strainers: 1. Wye strainers shall be made of transparent PVC. Submit standard screen sizes for selection. Screens shall be PVC or stainless steel, and shall be designed for cleaning or changing without removing strainer from pipeline. Acceptable: ASAHI; George Fischer Type 306; or approved equal. J. Miscellaneous Valves: 1. Indicated or required but not specified. Type required by standard practice for intended conditions of service. K. Flap Gates 1. Flap a. 1” thick (minimum) reinforced synthetic rubber designed to withstand a seating head of 20’ (minimum) with a maximum allowable leakage rate of 0.1 gpm/ft sealing perimeter at the specified seating head. b. All embedded metallic parts shall be SS grade 316. 2. Frame a. Reinforced composite copolymer or grade 316 SS. All embedded metallic parts shall be SS grade 316. b. Hinge/hinge pins shall be grade 316 SS or flexible type integral with the flexible rubber cover. 3. Seating surface 02640 - Page 6 of 7 CoAB8/6/2013 a. Resilient hollow section or lip-type rubber seals. 4. Acceptable manufacturers a. Rodney Hunt b. Hydro Gate c. Plasti Fab 2.02 VALVE BOXES: A. Provide at all manually operated valves installed on underground lines. Covers shall be marked "Water" for water distribution systems and "Sewer" for wastewater transmission systems. B. Cast iron, 3 piece extension type, with cover and flared base to suit valve furnished. C. Acceptable: Figure No. F-2450, Clow Corporation; Catalog No. H10357, Mueller Co.; Figure No. E-3002, M & H Valve and Fittings Co. or equal. PART 3 – EXECUTION 3.01 INSPECTION: A. General: 1. All valves shall be subject to inspection at the time of delivery and in the field just prior to installation. All valves which in the opinion of the Engineer do not conform to these specifications will be rejected and shall be removed by the Contractor. 3.02 INSTALLATION: A. Valves shall be set with stems set vertically above centerline of pipe unless indicated otherwise. Keep valves tightly closed during installation and take care to prevent dirt from damaging seating surfaces. Valves shall be installed so that the direction of flow through the valve is in accordance with the manufacturer's recommendations. Tighten stuffing box, if provided, and operate valve to see that all parts are in working condition before installation. B. Tapping Valves and Sleeves: Install tapping valves and sleeves, as directed by the Owner, in existing water mains at locations where it is not practical to shut off the pressure. Test, sterilize and flush new line as specified hereinafter and obtain approval of the Engineer before putting a connection to an existing line into service. C. Operate valve to verify that all parts are in working condition prior to installation. 1. Buried valves: a. Set valve box plumb and place directly over valve operating nut. b. Tamp earth fill completely around valve box for a distance of one foot. 02640 - Page 7 of 7 CoAB8/6/2013 c. Provide valve box extensions where required for depth of cover. D. Records: 1. Prepare and submit to the Owner a reproducible or list in duplicate, as directed, indicating size and location of all valves installed. Reference valves by distance and direction from enough prominent and permanent landmarks to assure ease of location. 3.03 FIELD QUALITY CONTROL: A. Supervision, calibrations and initial start-up shall be conducted by a factory trained representative of the valve manufacturer for a minimum of one (1) day at the job site(s). B. This representative shall have a minimum of five (5) years experience and his duties shall include: 1. Verify proper installation. 2. Make all predetermined settings. 3. Start-up and adjustments. 4. Approve installation in writing. 5. Instruct Owner's personnel in proper operation and maintenance procedures. END OF SECTION DIVISION 13 SPECIAL CONSTRUCTION 13105 – Page 1 of 1 CoAB4/8/14 SECTION 13105 HAZARD WARNING SIGNS PART 1 - GENERAL 1.1 - SCOPE A. Furnish all labor, materials and incidentals required and install complete, ready for operation, the hazard warning signs (daymarks) as shown on the drawings and as specified herein. B. Applicable Standards 1. U.S. Coast Guard “Aids to Navigation Manual, Technical” – COMDTINST M16500.3A, latest. C. Related Work Specified Elsewhere 1. Shop Drawings, Working Drawings, and Samples: Section 01300. 2. Warranties and Bonds: Section 01740. 1.2 - SUBMITTALS: A. Shop Drawings - Submit shop drawings and product data for materials furnished under this Section. Submittals shall include manufacturers cut sheets. PART 2 - PRODUCTS 2.1 - HAZARD WARNING SIGNS A. General Description: Signs shall be in accordance with “Aids to Navigation Manual, Technical”, paragraph 5.E, Data Sheet 5-E(8) – “All waterways warning marks (nominal ranges 1, 2, and 3 nm).” B. Wording 1. The word “DANGER” shall be centered on the daymark. 2. The words “SUBMERGED PIPELINE” shall be placed in the informational positions shown on Data Sheet 5-E(8). C. Materials 1. Sign backing shall be constructed of materials listed in the “Aids to Navigation Manual, Technical”, paragraph 5.C.3, except that the use of wood is NOT permitted. 2. Films and characters shall be per “Aids to Navigation Manual, Technical”, paragraph 5.C.4. D. Mounting Hardware: Shall be per “Aids to Navigation Manual, Technical”, paragraph 5.C, except that material shall be 316 SS. PART 3 - EXECUTION 3.1 - LOCATION A. Mount the signs at the locations shown on the plans as close to the top of the pilings as possible. END OF SECTION 13111 – Page 1 of 1 CoAB4/8/14 SECTION 13111 EFFLUENT OUTFALL STRUCTURE MODIFICATIONS PART 1 - GENERAL 1.1 - SCOPE A. Furnish all labor, materials and incidentals required to modify the existing effluent outfall structure as shown on the drawings and as specified herein. 1. The existing effluent outfall structure is a series of wood pile bents with wood cross-bracing, supports and pipe wedges. The existing metallic components are galvanized steel. 2. Remove and dispose of the existing 12” and 24” ductile iron pipe, fittings and accessories. B. Related Work Described Elsewhere: 1. Shop Drawings, Working Drawings, and Samples: Section 01300. 2. Warranties and Bonds: Section 01740. 1.2 - SUBMITTALS: A. Shop Drawings - Submit shop drawings and product data for equipment furnished under this Section. Submittals shall include manufacturers cut sheets for all components of the system including pipe fittings detailing materials of construction. B. Operating and Maintenance Manuals – Each manual shall be specifically prepared for this installation and shall include all information required for operation and service of each component of the system specified. PART 2 - PRODUCTS 2.1 - NOT APPLICABLE PART 3 - EXECUTION 3.1 - MODIFICATION OF EXISTING STRUCTURE A. Modify the existing structure by removing all wood cross-bracing, supports and wedges. THE EXISTING WOOD PILE BENTS ARE TO REMAIN IN PLACE. END OF SECTION 13112 – Page 1 of 1 1/20/16 SECTION 13112 SPECIAL REGULATORY REQUIREMENTS PART 1 - GENERAL 1.1 - SCOPE A. Furnish all labor, materials and incidentals required for conformance with all regulatory requirements. B. Related Work Described Elsewhere: 1. Appendix A – Florida Department of Environmental Regulation Permit 2. Appendix B – US Army Corps of Engineers Permit 3. Appendix C – United States Coast Guard Permit 4. Appendix D – Florida Dept of Transportation 1.2 - SUBMITTALS: A. Shop Drawings – Submit, as a shop drawing, all compliance documentation generated or required as a result of any regulatory permit listed in paragraph 1.1 B. PART 2 - PRODUCTS 2.1 - NOT APPLICABLE PART 3 - EXECUTION 3.1 - NOT APPLICABLE END OF SECTION DIVISION 15 MECHANICAL 15067 - 1 of 9 1/20/16 SECTION 15067 OUTFALL PIPE PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. The work specified in this section consists of furnishing and installing the outfall pipes using direct bury in the subaqueous and land portion of the project. The pipe to be used on the project is fused non- corrosive pipe – fusible PVC or fused HDPE. Contractor to determine the method of pipe installation, Refer to Section 02725 – Trenching, Backfilling and Installing Outfall Pipe. The pipe shall have no metal components in the subaqueous portion. The work includes a manatee excluder at the end of the pipe which will have to be fabricated as a special pipe section. In addition concrete ballasts as shown on the drawings are required. B. Contractor Coordination: Where the project involves the installation of fusible PVC or HDPE (outfall pipe), connection will be required to the existing ductile iron pipe (different pipe material). Contractor shall be responsible for connecting the different type of pipe or pipe materials together 1.2 QUALITY ASSURANCE: A. The requirements set forth in this document specify a wide range of procedural precautions necessary to insure that the very basic, essential aspects of a proper subaqueous installation are adequately controlled. Strict adherence shall be required under specifically covered conditions outlined in this specification or within any associated permit (i.e.: DEP, DOT, USCOE, Etc.). Adherence to the specifications contained herein, or the OWNER’s Representative’s approval on any aspect of any pipe work, shall in no way relieve the Contractor of their ultimate responsibility for the satisfactory completion of the work authorized under the Contract. B. REFERENCED STANDARDS: 1. References indicated shall mean the latest revision or issuance, unless specifically indicated below. 2. High Density Polyethylene (HDPE) a. American Water Works Association (AWWA) Standards: i. AWWA C906 Polyethylene (PE) Pressure Pipe and Fittings, 4 inch through 63 inch, for Water Distribution American Society for Testing and Materials (ASTM) Standards. b. American Society for Testing and Materials (ASTM) International (HDPE) i. ASTM D618 Standard Methods of Conditioning Plastics and Electrical Insulating Materials for Testing. ii. ASTM D638 Standard Test Method for Tensile Properties of Plastics. iii. ASTM D1238 Standard Test Method for Flow Rates of Thermoplastics by Extrusion Plastometer. iv. ASTM D1248 Standard Specifications for Polyethylene Plastics Molding and Extrusion Materials. 15067 - 2 of 9 1/20/16 v. ASTM D1505 Standard Test Method for Density of Plastics by the Density-Gradient Technique. vi. ASTM D1598 Standard Test Method for Time-to- Failure of Plastic Pipe Under Constant Internal Pressure. vii. ASTM D1599 Standard Test Method for Short-Time Hydraulic Failure Pressure of Plastic Pipe, Tubing, and Fittings. viii. ASTM D1603 Standard Test Method for Carbon Black in Olefin Plastics. ix. ASTM D2122 Standard Method of Determining Dimensions of Thermoplastics Pipe and Fittings. ASTM D2290 Standard Test Method for Apparent Tensile Strength or Tubular Plastics and Reinforced Plastics by Split Disk Method. x. ASTM D2683 Standard Specification for Socket-Type Polyethylene Fittings for Outside Diameter-Controlled Polyethylene Pipe and Tubing. xi. ASTM D2837 Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. xii. ASTM D2839 Standard Practice for Use of a Melt- Index Strand for Determining Density of Polyethylene xiii. ASTM D3035 Standard Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Controlled Outside Diameter. xiv. ASTM D3261 Standard Specification for Butt Heat Fusion Polyethylene Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing. xv. ASTM D3350 Standard Specification for Polyethylene Plastic Pipe and Fittings Materials. xvi. ASTM D4218 Standard Test Method for Determination of Carbon Black Content in Polyethylene Compounds by the Muffle-Furnace Technique. xvii. ASTM F412 Standard Terminology Relating to Plastic Piping Systems. 3. Fusible PVC a. American Water Works Association (AWWA) i. AWWA C900 Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 in. through 12 in. (100mm Through 300mm), for Water Distribution ii. AWWA C905 Standard for Polyvinyl Chloride (PVC Pressure Pipe and Fabricated Fittings, 14 in. through 48 in. (350mm Through 1200mm), for Water Distribution and Transmission iii. AWWA M23 AWWA Manual of Supply Practices PVC Pipe—Design and Installation, Second 15067 - 3 of 9 1/20/16 iv. Edition b. American Society for Materials and Testing (ASTM) i. ASTM D1784 Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds ii. ASTM D1785 Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120 iii. ASTM D2152 Test Method for Degree of Fusion of Extruded Poly(Vinyl Chloride) (PVC) Pipe and Molded Fittings by Acetone Immersion iv. ASTM D2241 Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR) v. ASTM D3034 Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings vi. ASTM F679 Standard Specification for Poly(Vinyl Chloride) (PVC) Large Diameter Plastic Gravity Sewer Pipe and Fittings c. National Sanitation Foundation (NSF) i. NSF-14 Plastics Piping System Components and Related Materials ii. NSF-61 Drinking Water System Components--Health Effects 1.3 WARRANTY: A. The contractor shall supply to a one (1) year unconditional warranty. The warranty shall include materials and installation and shall constitute complete replacement and delivery to the site of materials and installation of same to replace defective materials or defective workmanship with new materials/workmanship conforming to the specifications. In addition to the pipe warranty, the fusion services shall be warranted for two year per the fusion service provider’s standard terms. 1.4 PERMITS: A. See Section 01060 – “Regulatory Requirements” and Section 13112 – “Special Regulatory Requirements”. The Contractor shall verify the existence of all permits before commencing any work on the project. The Contractor shall be responsible to obtain any dewatering or other environmental permit or supporting information that may be required and not provided by the Owner as a part of this project manual. 1.5 SUBMITTALS: A. Work Plan: 1. Prior to beginning work, the Contractor must submit a work plan for approval by the Engineer/Owner detailing the procedure and schedule to be used to install both the subaqueous and land portion of the project. The work plan should include a description of all equipment to be used, a list of personnel and their qualifications and experience (including back- up personnel in the event that an individual is unavailable), list of sub- Contractor, a schedule of work activity, a safety plan (including MSDS of 15067 - 4 of 9 1/20/16 any potentially hazardous substances to be used), and traffic control plan.. Work plan should be comprehensive, realistic and based on actual working conditions for this particular project. Plan should document the thoughtful planning required to successfully complete the project. B. Shop Drawing Submittals: 1. Actual catalog data, brochures and descriptive literature will be required for the outfall pipe as well as the manatee excluder and concrete ballasts. Any specialty item not shown in this manual will require a complete shop drawing submittal for any material which may, in the Engineer’s opinion, not be in compliance with the this document. C. Record Drawing: 1. See Section 01720 Record Drawings. 1.6 NOTIFICATION: A. The OWNER’s representative must be notified 48 hours (minimum) in advance of starting the subaqueous pipe installation. 1.7 SITE PREPARATION: A. Prior to any alterations to work-site, Contractor shall photograph or video tape entire work area. One copy of which shall be given to Owner’s Representative and one copy to remain with Contractor for a period of two (2) years following the completion of the project. B. Contractor shall abide by the Common Ground Alliance, Best Practices Version 1.0 or most recent, unless exceptions are specifically agreed to by the Owner. Also, the Contractor shall coordinate utilities locates with Sunshine State One-Call of Florida, Inc., (#800/432-4770 or web site www.callsunshine.com). Once the locate service has field marked all utilities, the Contractor shall verify each utility (including any service laterals, i.e. water, sewer, cable, gas, electric, phone, etc.) and those within each paved area. Verification may be performed utilizing Ground Penetrating Radar, hand dig, or vacuum excavation. Prior to initiating drilling, the Contractor shall record on the drawings both the horizontal and vertical location of the utilities off of a predetermined baseline. The Contractor shall utilize the Ground Penetrating Radar over the projected bore path whether utilities are located in the horizontal drill pathway or not, in order to reduce the opportunity of conflicting with any unforeseen obstructions. C. Contractor shall protect and preserve all asphalt, curbing, trees and other site features. Repair or replacement shall be at Contractors expense. D. Work site shall be graded and filled to provide a level working area. No alterations beyond what is required for operations are to be made. Contractor shall confine all activities to designated work areas... 1.8 ENVIRONMENTAL PROTECTION: A. See Appendices A through D for regulatory agency guidelines. 1.9 SAFETY: A. Contractor shall adhere to all applicable state, federal and local safety regulations and all operations shall be conducted in a safe manner. PART 2 - MATERIALS 2.1 HIGH DENSITY POLYETHYLENE (HDPE, PE) PIPE AND FITTINGS: A. Materials: 15067 - 5 of 9 1/20/16 1. Materials used for the manufacturer of polyethylene pipe and fittings shall be PE3608 (PE3408) high density polyethylene meeting cell classification 345464C per ASTM D3350; and meeting Type III, Class B or Class C, Category 5, Grade P34 per ASTM D1248; and shall be listed in the name of the pipe and fitting Manufacturer in PPI TR-4, Recommended Hydrostatic Strengths and Design Stresses for Thermoplastic Pipe and Fittings Compounds, with a standard grade rating of 1600 psi at 73°F per ASTM D-2837. The Manufacturer shall certify that the materials used to manufacture pipe and fittings meet these requirements. B. Polyethylene Pipe (4 inch and larger): 1. HDPE Pipe shall conform to AWWA C906, Ductile Iron Pipe (DIP) size and NSF 61 Standard. See Drawings for DR rating and pipe size. Polyethylene pipe shall be manufactured in accordance with ASTM F714, Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Controlled Outside Diameter and shall be so marked. Each production lot of pipe shall be tested for (from material or pipe) melt index, density, % carbon, dimensions and either quick burst or ring tensile strength (equipment permitting). 2. Nominal pipe sizes only are indicated on the drawings and bid form. Outside diameter of pipe is generally 1 to 2-inches greater than the nominal pipe diameter. 3. Polyethylene Fittings and Custom Fabrication: Polyethylene fittings and custom fabrications shall be molded or fabricated by the pipe manufacturer or trained personnel. Butt fusion outlets shall be made to the same outside diameter, wall thickness, and tolerances as the mating pipe. All fittings and custom fabrications shall be fully rated for the same internal pressure as the mating pipe. Fabricated fittings must have the same working pressure as the mating pipe. 4. Molded Fittings: Molded fittings shall be manufactured in accordance with ASTM D3261, Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing, and shall be so marked. Each production lot of molded fittings shall be subjected to the test required under ASTM D3261. 5. Fabricated Fittings: Fabricated fittings shall be made by heat fusion joining specially machined shapes cut from pipe, polyethylene sheet stock, or molded fittings. Fabricated fittings shall be rated for internal pressure service equivalent to the full service pressure rating of the mating pipe. Directional fittings 16" and larger such as elbows, tees, crosses, etc., shall have a plain end inlet for butt fusion and flanged directional outlets. 6. Polyethylene Flange Adapters: Flange adapter shall be made with sufficient throughbore length to be clamped in a butt fusion joining machine without the use of a stubend holder. The sealing surface of the flange adapter shall be machined with a series of small v-shaped grooved to provide gasketless sealing, or to restrain the gasket against blow-out. Below ground flange adapter may be utilized for 30” and larger, DIP and valves. 7. Manufacturer’s Quality Control: The pipe and fitting manufacturer shall have an established quality control program responsible for inspecting 15067 - 6 of 9 1/20/16 incoming and outgoing materials. Incoming polyethylene materials shall be inspected for density, melt flow rated, and contamination. The cell classification properties of the material shall be certified by the supplier, and verified by Manufacturer’s Quality Control. 8. Polyethylene Mechanical Joint (MJ) Adapters: Mechanical connections of HDPE pipe (4” through 24” diameter) to Ductile Iron or PVC piping, mechanical joint fittings, or valves shall be through a self-restraining, fusible mechanical joint adapter with or without an integral, internal stainless steel insert. Mechanical joint adapter shall be of the same SDR rating as the pipe. A separate, loose stainless steel type insert will only be allowed for pipe sizes 4 inch through 8 inches. Provide the mechanical joint adapter, including but not limited to longer tee bolts or all thread rods with nuts at the mechanical joint bell. Note that PE flanged adapters may be utilized for pipe sizes 30 inches and larger. 9. Cast Transition Couplings: HDPE to MJ cast transition coupling may only be utilized for 8 inch and smaller pipe size. A stainless steel stiffener is required sized at proper ID of HDPE pipe. The transition coupling must be epoxy lined (3 mils minimum for water use and 12 mils minimum for sewer use). Acceptable is a Power Seal model 3520 or approved equal. 10. Electro Fusion Couplings: Polyethylene pipe and fittings may be joined using approved electro fusion couplings. Fittings shall be PE3408 HDPE, Cell Class 345464C as determined by ASTM D3350-99. Electro fusion fittings shall have a manufacturing standard of ASTM F1055. Fittings shall have a pressure rating equal to the pipe. All electro fusion fittings shall be suitable for use as pressure conduit per AWWA C906, and have nominal burst value of 3.5 times the working pressure of the fitting. To minimize “toe-in” problems when installing an electro fusion coupling larger than 12 inch size, the contractor shall remove 12 inches (minimum) from all associated “factory ends” and use a re-rounding clamp on the associated pipe. The contractor shall mark pipe insertion depth prior to assembly and construct in accordance with manufacturer’s instructions. 2.2 FUSIBLE POLYVINYLCHLORIDE PIPE A. Fusible polyvinylchloride pipe shall conform to AWWA C900 or AWWA C905, and/or ASTM D2241 or ASTM D1785 for DIPS standard dimensions if applicable for most pressure use. Testing shall be in accordance with AWWA standards for all of these pipe types. See Drawings for DR rating and pipe size. B. Fusible polyvinylchloride pipe shall conform to ASTM D3034 or ASTM F679 for non-pressure use. C. Fusible polyvinylchloride pipe shall be extruded with plain ends. The ends shall be square to the pipe and free of any bevel or chamfer. There shall be no bell or gasket of any kind incorporated into the pipe. D. Fusible polyvinylchloride pipe shall be manufactured in a standard 40 foot nominal lengths, with other lengths available upon request. E. Color: 1. Fusible polyvinylchloride pipe shall be blue in color for potable water use. 2. Fusible polyvinylchloride pipe shall be purple in color for reclaim, reuse, or other non-potable distribution or conveyance. 15067 - 7 of 9 1/20/16 3. Fusible polyvinylchloride pipe shall be white in color for raw water collection and transmission. 4. Fusible polyvinylchloride pipe shall be white for surface run-off, storm water use, or other non-potable resource or irrigation water uses. 5. Fusible polyvinylchloride pipe shall be green in color for wastewater use. F. Pipe generally shall be marked per industry standards, and shall include as a minimum: 1. Nominal pipe size 2. PVC 3. Dimension Ratio, Standard Dimension Ratio or Schedule (omit for ASTM D3034 or ASTM F679 pipe) 4. Pipe legend or stiffness designation, or AWWA pressure class, or standard pressure rating for non-AWWA pipe. 5. AWWA Standard designation number or pipe type for non-AWWA pipe (omit for ASTM D3034 or ASTM F679 pipe) 6. Extrusion production-record code 7. Trademark or trade name 8. Cell Classification 12454 and/or PVC material code 1120 may also be included. G. Pipe shall be homogeneous throughout and be free of visible cracks, holes, foreign material, blisters, or other visible deleterious faults. 2.3 FUSION JOINTS A. Unless otherwise specified, fusible polyvinylchloride pipe lengths shall be assembled in the field with butt-fused joints. The Contractor shall follow the pipe supplier’s guidelines for this procedure. All fusion joints shall be completed as described in this specification. 2.4 FUSIBLE POLYVINYL CHLORIDE SWEEPS OR BENDS A. Fusible polyvinyl chloride sweeps or bends shall conform to the same sizing convention, diameter, dimensional tolerances and pressure class of the pipe that they are joining together. B. Fusible polyvinyl chloride sweeps or bends shall be manufactured from the same fusible polyvinyl chloride pipe being used for the installation, and shall have at least 2 feet of straight section on either end of the sweep or bend to allow for fusion of the sweep to the pipe installation. C. Standard fusible polyvinyl chloride sweep or bend angles shall not be greater than 22.5 degrees, and shall be used in nominal diameters ranging from 4 inch through 16 inch. 2.5 DELIVERY, STORAGE AND HANDLING OF MATERIALS: A. Inspect materials delivered to the site for damage. All materials found during inspection or during the progress of work to have cracks, flaws, cracked linings, or other defects shall be rejected and removed from the job site without delay. 15067 - 8 of 9 1/20/16 B. Unload and store opposite or near the place where the work will proceed with minimum handling. Store material under cover out of direct sun light. Do not store directly on the ground. Keep all materials free of dirt and debris. C. Contractor is responsible for obtaining, transporting and sorting any fluids, including water, to the work site. PART 3 - EXECUTION 3.1 HANDLING AND STORAGE A. Pipe shall be off-loaded, loaded, installed, handled, stored and stacked per the pipe supplier’s guidelines. These guidelines include compliance with the minimum recommended bend radius and maximum safe pull force for the specific pipe being used. 3.2 PIPE ASSEMBLY A. FUSED OR WELDED: 1. Pipe shall be welded/fused together in one length, if space permits. Pipe may be placed on pipe rollers before installing to minimize damage to the pipe. For pipes 16 inch and larger, a re-rounding clamp tool shall be utilized during the electro-fusion process to ensure pipe roundness. For pipe sizes larger than 12 inch, mechanical scrappers (per the fitting manufacturer’s recommendation) shall be utilized during the electro- fusion work. It is critical that all original oxidized pipe surface be removed in order for fusion to take place. The scraping process requires that approximately .10” of the outer “skin” be removed in order to penetrate the oxidation and contamination barrier. 2. Fused pipe lay down area is limited in this project. The Contractor should be prepared to utilize any available pipe lay down area after pipe fusion to maximum extent possible. However, should the approval of the proposed work plan not allow the use of a long lay down area for the fused pipe, the Contractor should be prepared to fuse and pull the pipe as it is installed. 3.3 GENERAL REQUIREMENTS FOR OPEN-CUT CONSTRUCTION: A. Mains shall be constructed of the materials specified and as shown on the drawings. Pipe and fittings shall be carefully handled to avoid damage, and if feasible, while they are suspended over the trench before lowering, they shall be inspected for defects and to detect cracks. Defective, damaged for unsound pipe or fittings shall be rejected. Each section of the pipe shall rest upon the pipe bed for the full length of its barrel. Any pipe which has its grade or joint disturbed after laying shall be taken up and re-laid. Only suitable soils (no heavy clay) shall be utilized in the backfill operation up to 12 inches above the pipe. All precautions shall be taken to prevent sand or other foreign material from entering the pipe during installation. If necessary, a heavy, tightly woven canvas bag of suitable size shall be placed over each end of the pipe before lowering into the trench and left there until the connection is made to the adjacent pipe. Any time the pipe installation is not in progress, the open ends of pipe shall be closed by a watertight plug or other method approved by the Engineer. Plugs shall remain in pipe ends until all water is removed from the trench. Any sand or foreign material that enters the pipe shall be removed from the pipe immediately. No pipe shall be installed when trench conditions (standing water, excess mud, etc.) or the weather (rain, etc.) is unsuitable for such work, except by permission of the Engineer. Any 15067 - 9 of 9 1/20/16 section of pipe already laid which is found to be defective or damaged shall be replaced with new pipe. END OF SECTION APPENDICES A – USACOE PERMIT B – FL DEP PERMIT C – USCG PERMIT APPENDIX A USACOE PERMIT APPENDIX B FL DEP PERMIT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST DISTRICT 8800 BAYMEADOWS WAY WEST, SUITE 100 JACKSONVILLE, FLORIDA 32256 RICK SCOTT GOVERNOR CARLOS LOPEZ-CATERA LT. GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY November 7, 2014 In the Matter of an Application for Permit by: Mr. Nelson Van Liere File Number FL0038776-016-DW1P Interim City Manager Duval County City of Atlantic Beach Atlantic Beach WWTF 800 Seminole Road Atlantic Beach, Florida 32233 NOTICE OF PERMIT REVISION ISSUANCE Enclosed is the permit revision to Permit Number FL0038776, is issued under Chapter 403. This permit revision includes a repair/renovation of the existing Outfall D – 001 for the discharge to the St. Johns River (Class III marine waters, WBID 2213A) at Sherman Point. The renovation includes removal of approximately 300 linear feet of two 12-inch and 24-inch ductile iron pipes from the elevated wooden outfall structure and replacement them with a single 30-inch diameter HDPE or PVC pipe in a subaqueous installation. Discharge from the 30-inch pipe shall be placed at the same location and the same orientation the existing point of discharge (i.e. at the offshore end, the pipelines turn downwards to reach the bottom at elevation -8ft MSL, then turn horizontal and terminate). The effluent shall be discharged from the open end pipe, directed horizontal towards mid-river, i.e. approximately perpendicular to the river axis and the principal current direction. The existing mixing zones for copper and cyanide shall be reevaluated during next permit renewal process or when the Department has evidences to indicate that discharge from the 30-inch alternates the approved mixing zone areas, whichever comes first. There are not any changes to the permitted capacity or changes in limitations for pollutants listed in the permit. The Department's proposed agency action shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes, within fourteen days of receipt of notice. The procedures for petitioning for a hearing are set forth below. A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and www.dep.state.fl.us Atlantic Beach WWTF FL0038776-016 Page 2 of 4 November 7, 2014 120.57, Florida Statutes. The petition must contain the information set forth below and must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Under Rule 62-110.106(4), Florida Administrative Code, a person may request an extension of the time for filing a petition for an administrative hearing. The request must be filed (received by the Clerk) in the Office of General Counsel before the end of the time period for filing a petition for an administrative hearing. Petitions by the applicant or any of the persons listed below must be filed within fourteen days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), Florida Statutes, must be filed within fourteen days of publication of the notice or within fourteen days of receipt of the written notice, whichever occurs first. Section 120.60(3), Florida Statutes, however, also allows that any person who has asked the Department in writing for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition or request for an extension of time within fourteen days of receipt of notice shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, Florida Statutes. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205, Florida Administrative Code. A petition that disputes the material facts on which the Department's action is based must contain the following information, as indicated in Rule 28-106.201, Florida Administrative Code: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the determination; (c) A statement of when and how the petitioner received notice of the Department's decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department's proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and www.dep.state.fl.us Atlantic Beach WWTF FL0038776-016 Page 3 of 4 November 7, 2014 (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's proposed action. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. In addition to requesting an administrative hearing, any petitioner may elect to pursue mediation. The election may be accomplished by filing with the Department a mediation agreement with all parties to the proceeding (i.e., the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing). The agreement must contain all the information required by Rule 28-106.404, Florida Administrative Code. The agreement must be received by the Clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within ten days after the deadline for filing a petition, as set forth above. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for holding an administrative hearing and issuing a final order. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons seeking to protect their substantial interests that would be affected by such a modified final decision must file their petitions within fourteen days of receipt of this notice, or they shall be deemed to have waived their right to a proceeding under Sections 120.569 and 120.57, Florida Statutes. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. This permit action is final and effective on the date filed with the Clerk of the Department unless a petition (or request for an extension of time) is filed in accordance with the above. Upon the timely filing of a petition (or request for an extension of time), this permit will not be effective until further order of the Department. Any party to this permit has the right to seek judicial review of the permit action under Section 120.68, Florida Statutes, by the filing of a notice of appeal under Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate www.dep.state.fl.us Atlantic Beach WWTF FL0038776-016 Page 4 of 4 November 7, 2014 district court of appeal. The notice of appeal must be filed within 30 days from the date when this permit action is filed with the Clerk of the Department. Executed in Jacksonville, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Thomas G. Kallemeyn Water Program Administrator TGK/aw Enclosure c: Donna Kaluzniak John Collins, P.E. Duval County H.D. FILING AND ACKNOWLEDGEMENT & CERTIFICATE OF SERVICE Filed on this date pursuant to § 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. The undersigned hereby certifies that this Notice of Permit Revision Issuance and all copies were sent before the close of business on November 7, 2014 to the listed persons. November 7, 2014 Clerk Date www.dep.state.fl.us FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST DISTRICT 8800 BAYMEADOWS WAY WEST, SUITE 100 JACKSONVILLE, FLORIDA 32256 RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERMIT PERMITTEE: PERMIT NUMBER: FL0038776 (Major) City of Atlantic Beach FILE NUMBER: FL0038776 – 015 – DW1P EFFECTIVE DATE: May 5, 2014 RESPONSIBLE OFFICIAL: EXPIRATION DATE: May 4, 2019 1st REVISION DATE: November 7, 2014 (016/MR) City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5444 (904) 247-5806 FACILITY: Atlantic Beach WWTF 1100 Sandpiper Lane Atlantic Beach, Florida 32233 Duval County Latitude: 30° 20' 7.82" N Longitude: 81° 24' 31.74" W This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and applicable rules of the Florida Administrative Code (F.A.C.) and constitutes authorization to discharge to waters of the state under the National Pollutant Discharge Elimination System. This permit is issue in conjunction with the Administrative Order (AO 171NE). The above named permittee is hereby authorized to operate or construct the facilities in accordance with the documents attached hereto and specifically described as follows: WASTEWATER TREATMENT: A. Existing Facility: To operate an existing 3.5 million gallon per day (MGD) annual average daily flow (AADF) permitted capacity domestic wastewater treatment facility (WWTF) that consists of the following major treatment units: Six static wedge wire screens (each with a design capacity of 0.8 MGD); Two 1.0-MGD design capacity static screens with clear openings of 0.060 inches; Two identical BNR treatment units with alternating anoxic/aerobic/anoxic/aerobic stages: o The first anoxic zone consists of one 192,000-gallon compartment which is equipped with a 7.5 horsepower floating mixer and measures 36 feet by 42.5 feet by 16.9 feet (length by width by height). The first aerobic zone is 362,000 gallons, measures 68 feet by 42.5 feet by 16.75 feet, and is equipped with fine bubble diffusion. PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 o The second anoxic zone consists of three compartments and has a total volume of 192,000 gallons. Each compartment is equipped with a vertical turbine mixer. Two of the zones measure 20.3 feet by 13.0 feet by 6.6 feet and the other zone measures 20.3 feet by14.5 feet by 16.6 feet. The second aerobic zone is 8400 gallons, measures 42.5 feet by 12 feet by 16.5 feet, and is equipped with fine bubble diffusion; Two 70-foot diameter secondary clarifiers; A 6.30 MGD peak hourly flow (PHF) design capacity cloth-disc filtration system. The system includes two filtration units with six-disc filters per unit; Disinfection via gaseous chlorine will be handled by two 39,622-gallon chlorine contact chambers; and Dechlorination via sulfur dioxide will be achieved in two detention chambers (17,340 gallons total). B. Permit Revision – Repair/Renovation of Outfall D – 001 (PA#: FL0038776 – 016 – DW1/MR) This permit revision includes a repair/renovation of the existing Outfall D – 001 for the discharge to the St. Johns River (Class III marine waters, WBID 2213A) at Sherman Point. The renovation includes removal of approximately 300 linear feet of two 12-inch and 24-inch ductile iron pipes from the elevated wooden outfall structure and replacement with a single 30-inch diameter HDPE or PVC pipe in a subaqueous installation. Discharge from the 30-inch pipe shall be placed at the same location and the same orientation the existing point of discharge (i.e. at the offshore end, the pipelines turn downwards to reach the bottom at elevation -8ft MSL, then turn horizontal and terminate). The effluent shall be discharged from the open end pipe, directed horizontal towards mid-river, i.e. approximately perpendicular to the river axis and the principal current direction. Upon completion of repair/renovation of the outfall, the permittee shall submit “As Built” drawings. The existing mixing zones for copper and cyanide shall be reevaluated during next permit renewal process or when the Department has evidences to indicate that discharge from the 30-inch alters the approved mixing zone areas, whichever comes first. 1st Revision Permit Revision FL0038776- 016-MR This revision authorizes the replacement of the two outfall pipes, 12 inch and 24 inch ductile iron, from the elevated wooded outfall structure with a new 30 inch pipe in a subaqueous installation. REUSE OR DISPOSAL: Surface Water Discharge D-001: Existing Outfall: An existing 4.9 MGD AADF permitted capacity discharge to St. Johns River, Class III Marine waters, (WBID# 2213A) at Outfall D-001, 24 inch diameter, which is approximately 250 feet in length from the shore and discharges at a depth of approximately 8 feet. The point of discharge is located approximately at latitude 30° 22' 58" N, longitude 81° 26' 27" W. Renovated Outfall: An existing 4.9 MGD AADF permitted capacity discharge to St. Johns River, Class III Marine waters, (WBID# 2213A) at Outfall D-001, 30-inch diameter, which is approximately 250 feet in length from the shore and discharges at a depth of approximately 8 feet. The point of discharge is located approximately at latitude 30° 22' 58" N, longitude 81° 26' 27" W. 2 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Interim permitted discharge capacity of the surface water discharge is limited to 3.5 MGD annual average daily flow based on the treatment capacity of the wastewater treatment system. Surface Water Discharge D-002: An existing 3.0 MGD AADF discharge to Intracoastal Waterway, Class III Marine waters, (WBID# 2205C) at Outfall D – 002 which discharges at a depth of approximately 8 feet directly off shore. The point of discharge is located approximately at latitude 30° 20' 08" N, longitude 81° 25' 36" W. Discharge from the WWTF through Outfall D-002 is a temporary /backup discharge and is utilized only during extreme wet weather condition or in emergency situations. Land Application R-001: A new 0.5 MGD AADF permitted capacity slow-rate public access system R-001, which consists of Selva Marina Country Club (golf course), residential homes, and common areas. IN ACCORDANCE WITH: The limitations, monitoring requirements, and other conditions set forth in this cover sheet and Part I through Part IX on pages 1 through 50 of this permit. 3 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 I. RECLAIMED WATER AND EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS A. Surface Water Discharges (Discharge to St. Johns River at Outfall D – 001) 1. During the period beginning on the effective date and lasting through the expiration date of this permit, the permittee is authorized to discharge effluent from Outfall D-001 to St. Johns River (WBID 2213A). Such discharge shall be limited and monitored by the permittee as specified below and reported in accordance with Permit Condition I.E.7: Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Flow (from outfall D-001) MGD Max 3.5 Annual Average Continuous Recording Flow Meter with Totalizer EFD-1 See I.A.4 Max Report Monthly Average BOD, Carbonaceous 5 day, 20C mg/L Max 60.0 Single Sample Weekly 24-hr FPC EFD-1 Max 40.0 Weekly Average Max 25.0 Monthly Average Max 20.0 Annual Average CBOD, % Removal, 5-day percent Min 85 Monthly Average Monthly Calculated CAL-1 See I.A.111 Solids, Total Suspended mg/L Max 60.0 Single Sample Weekly 24-hr FPC EFD-1 Max 40.0 Weekly Average Max 30.0 Monthly Average Max 20.0 Annual Average Solids, Total Suspended, % Removal percent Min 85 Monthly Average Monthly Calculated CAL-1 See I.A.111 pH s.u. Min 6.5 Single Sample Continuous Meter EFA-4 See I.A.3 Max 8.5 Single Sample 4 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Coliform, Fecal #/100mL Max 200 Monthly Geometric Mean Weekly Grab EFA-1 See I.A.5 Max 200 Annual Average Max 800 Single Sample Enterococci #/100mL Max 35 Monthly Geometric Mean 5/Month Grab EFA-1 See I.A.7 Chlorine, Total Residual (For Disinfection) mg/L Min 0.5 Single Sample Continuous Meter EFA-1 See I.A.3 and I.A.6 Chlorine, Total Residual (For Dechlorination) mg/L Max 0.01 Single Sample Daily (7days/week) Grab EFD-1 See I.A.10 Oxygen, Dissolved (DO) mg/L Min 5.0 Single Sample Daily (7days/week) Meter EFD-1 See I.A.9 Nitrogen, Total (as N) mg/L Max Report Annual Average Weekly 24-hr FPC EFD-1 Max Report Monthly Average Max Report Single Sample Phosphorus, Total (as P) mg/L Max Report Annual Average Monthly 24-hr FPC EFD-1 Max Report Monthly Average Max Report Single Sample Copper, Total Recoverable (Within Mixing Zone Area) ug/L Max 16 Single Sample Monthly 24-hr FPC EFD-1 See I.A.15 Cyanide, Total (as CN) (Within Mixing Zone Area) ug/L Max 7.0 Single Sample Monthly Grab EFD-1 See I.A.16 5 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Nitrogen, Kjeldahl, Total (as N) mg/L Max Report Single Sample Quarterly 24-hr FPC EFD-1 Nitrite plus Nitrate, Total (as N) mg/L Max Report Single Sample Quarterly 24-hr FPC EFD-1 Nitrogen, Ammonia, Total (as N) mg/L Max Report Single Sample Quarterly 24-hr FPC EFD-1 Phosphate, Ortho (as P) mg/L Max Report Single Sample Quarterly Grab-filtered EFD-1 Mercury, Total Recoverable ug/L Max 0.025 Single Sample Annually Grab EFD-1 See I.A.18 Chronic Whole Effluent Toxicity, 7-Day IC25 (Ceriodaphnia dubia) percent Min 100 Single Sample Semi- Annually; twice per year 24-hr FPC EFD-1 See I.A.8 Chronic Whole Effluent Toxicity, 7-Day IC25 (Pimephales promelas) percent Min 100 Single Sample Semi- Annually; twice per year 24-hr FPC EFD-1 See I.A.8 Dissolved Oxygen mg/L Max Report Single Sample Monthly Meter SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 pH S.U. Max Report Single Sample Monthly Meter SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 6 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Salinity ppt Max Report Single Sample Monthly Meter SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 Specific Conductance µmhos/cm Max Report Single Sample Monthly Meter SWA – BE1 SWA – BE2 SWB – BE1 Turbidity NTU Max Report Single Sample Monthly Meter SWA – BE1 SWA – BE2 SWB – BE1 Temperature Deg. C Max Report Single Sample Monthly Meter SWA – BE1 SWA – BE2 SWB – BE1 Tide Stage feet Min Report Single Sample Monthly Meter SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 BOD, Carbonaceous 5 day, 20C mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 Solids, Total Suspended mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 7 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Nitrogen, Kjeldahl, Total (as N) mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 Ammonia, Nitrogen (as N) mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 Nitrite plus Nitrate, Total 1 det. (as N) mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 Nitrogen, Total (as N) mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 Phosphate, Ortho (as P) mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 Phosphorus, Total (as P) mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 Chloride (as Cl) mg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 See I.A.12 8 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Copper, Total Recoverable µg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 Cyanide µg/L Max Report Single Sample Bi-Monthly Grab SWA – BE1 SWA – BE2 SWB – BE1 *ppt=parts per thousand 9 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 2. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.1. and as described below: Monitoring Site Description of Monitoring Site EFD-1 Sample point immediately after dechlorination and prior to discharge to D-001 CAL-1 Calculated percent removal of CBOD5 and TSS EFA-1 Sample point immediately after chlorination and prior to discharge to D-001 EFA-4 Sample point immediately after disinfection and prior to discharge to Reuse Systems or Surface Water Discharge. SWA – BE1 Ambient sample located at STORET Station 21 FLA20030464; approximately at latitude 30° 23' 4.4" N, longitude 81° 26' 19.5" W. (See Figure 1 or 2) SWA – BE2 Ambient sample located at STORET Station 21 FLA20030465; approximately at latitude 30° 22' 57.9" N, longitude 81° 26' 27.2" W. (See Figure 1 or 2) SWB – BE1 Ambient/background sample located at STORET Station 21 FLA20030056; approximately at latitude 30° 22' 53.965" N, longitude 81° 26' 55.194" W. (See Figure 1 or 2) 3. During the period of required operator attendance hourly measurement of pH and total residual chlorine for disinfection may be substituted for continuous measurement. [Chapter 62-601, Figure 2] 4. A recording flow meter with totalizer shall be utilized to measure flow and calibrated at least once every 12 months. [62-601.200(17) and .500(6)] 5. The effluent limitation for the monthly geometric mean for fecal coliform is only applicable if 10 or more values are reported. If fewer than 10 values are reported, the monthly geometric mean shall be calculated and reported on the Discharge Monitoring Report. [62-600.440(4)(c)] 6. Total residual chlorine must be maintained for a minimum contact time of 15 minutes based on peak hourly flow. [62-600.440(4)(b)] 7. The enterococci value shall be based on a minimum of 5 samples of effluent each collected on nonconsecutive days during a period of 30 consecutive days (monthly). Effluent samples for enterococci shall be monitored using EPA Method 1600 or EnterolertTM. [62-302.500(1)(a)6. and 40 CFR Part 131(Federal Register/Vol. 69, No. 220, pages 67218-67243)] 8. The permittee shall comply with the following requirements to evaluate chronic whole effluent toxicity of the discharge from outfall D-001. a. Effluent Limitation (1) In any routine or additional follow-up test for chronic whole effluent toxicity, the 25 percent inhibition concentration (IC25) shall not be less than 100% effluent. [Rules 62- 302.530(61) and 62-4.241(1)(b), F.A.C.] (2) For acute whole effluent toxicity, the 96-hour LC50 shall not be less than 100% effluent in any test. [Rule 62-302.500(1)(a)4. and 62-4.241(1)(a), F.A.C.] 10 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 b. Monitoring Frequency (1) Routine toxicity tests shall be conducted once every 6 months starting within 6 months of the most recent tests and lasting for the duration of this permit. c. Sampling Requirements (1) For each routine test or additional follow-up test conducted, a total of three flow proportional 24-hr composite samples of final effluent shall be collected and used in accordance with the sampling protocol discussed in EPA-821-R-02-013, Section 8. (2) The first sample shall be used to initiate the test. The remaining two samples shall be collected according to the protocol and used as renewal solutions on Day 3 (48 hours) and Day 5 (96 hours) of the test. (3) Samples for routine and additional follow-up tests shall not be collected on the same day. d. Test Requirements (1) Routine Tests: All routine tests shall be conducted using a control (0% effluent) and a minimum of five test dilutions: 100%, 50%, 25%, 12.5%, and 6.25% final effluent. (2) The permittee shall conduct a daphnid, Ceriodaphnia dubia, Survival and Reproduction Test and a fathead minnow, Pimephales promelas, Larval Survival and Growth Test, concurrently. (3) All test species, procedures and quality assurance criteria used shall be in accordance with Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th Edition, EPA-821-R-02-013. Any deviation of the bioassay procedures outlined herein shall be submitted in writing to the Department for review and approval prior to use. In the event the above method is revised, the permittee shall conduct chronic toxicity testing in accordance with the revised method. (4) The control water and dilution water shall be moderately hard water as described in EPA- 821-R-02-013, Section 7.2.3. e. Quality Assurance Requirements (1) A standard reference toxicant (SRT) quality assurance (QA) chronic toxicity test shall be conducted with each species used in the required toxicity tests either concurrently or initiated no more than 30 days before the date of each routine or additional follow-up test conducted. Additionally, the SRT test must be conducted concurrently if the test organisms are obtained from outside the test laboratory unless the test organism supplier provides control chart data from at least the last five monthly chronic toxicity tests using the same reference toxicant and test conditions. If the organism supplier provides the required SRT data, the organism supplier's SRT data and the test laboratory's monthly SRT-QA data shall be included in the reports for each companion routine or additional follow-up test required. (2) If the mortality in the control exceeds 20% for either species in any test or any other test acceptability criteria are not met, then the test for that species (including the control) shall be invalidated and the test repeated. Test acceptability criteria for each species are defined in EPA-821-R-02-013, Section 13.12 (Ceriodaphnia dubia) and Section 11.11 (Pimephales promelas). The repeat test shall begin within 21 days after the last day of the invalid test. (3) If 100% mortality occurs in all effluent concentrations for either test species prior to the end of any test and the control mortality is less than 20% at that time, the test (including the control) for that species shall be terminated with the conclusion that the test fails and constitutes non-compliance. (4) Routine and additional follow-up tests shall be evaluated for acceptability based on the observed dose-response relationship as required by EPA-821-R-02-013, Section 10.2.6., and the evaluation shall be included with the bioassay laboratory reports. 11 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 f. Reporting Requirements (1) Results from all required tests shall be entered on the MONTHLY Discharge Monitoring Report (DMR) as the calculated IC25 for each test species. (2) A bioassay laboratory report for each routine test shall be prepared according to EPA-821- R-02-013, Section 10, Report Preparation and Test Review, and mailed or emailed to the Department at the address below within 30 days after the last day of the test. (3) For additional follow-up tests, a single bioassay laboratory report shall be prepared according to EPA-821-R-02-013, Section 10, and mailed or emailed within 30 days after the last day of the second valid additional follow-up test. (4) Data for invalid tests shall be included in the bioassay laboratory report for the repeat test. (5) The same bioassay data shall not be reported as the results of more than one test. (6) All bioassay laboratory reports shall be mailed or e-mailed to Jacksonville only: Florida Department of Environmental Protection Northeast District Office – Wastewater Compliance 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 g. Test Failures (1) A test fails when the test results do not meet the limits in 8.a.(1). (2) Additional Follow-up Tests: (a) If a routine test does not meet the chronic toxicity limitation in 8.a.(1) above, the permittee shall notify the Department at the address above within 21 days after the last day of the failed routine test and conduct two additional follow-up tests on each species that failed the test in accordance with 8.d. (b) The first test shall be initiated within 28 days after the last day of the failed routine test. The remaining additional follow-up tests shall be conducted weekly thereafter until a total of two valid additional follow-up tests are completed. (c) The additional follow-up tests shall be conducted using a control (0% effluent) and a minimum of five dilutions: 100%, 50%, 25%, 12.5%, and 6.25% effluent. The permittee may modify the dilution series in the additional follow-up tests to more accurately bracket the toxicity such that at least two dilutions above and two dilutions below the target concentration and a control are run. All test results shall be analyzed according to the procedures in EPA-821-R-02-013. (3) In the event of three valid test failures (whether routine or additional follow-up tests) within a 12-month period, the permittee shall notify the Department within 21 days after the last day of the third test failure. (a) The permittee shall submit a plan for correction of the effluent toxicity within 60 days after the last day of the third test failure. (b) The Department shall review and approve the plan before initiation. (c) The plan shall be initiated within 30 days following the Department's written approval of the plan. (d) Progress reports shall be submitted quarterly to the Department at the address above. (e) During the implementation of the plan, the permittee shall conduct quarterly routine whole effluent toxicity tests in accordance with 8.d. Additional follow-up tests are not required while the plan is in progress. Following completion or termination of the plan, the frequency of monitoring for routine and additional follow-up tests shall return to the schedule established in 8.b.(1). If a routine test is invalid according to the acceptance criteria in EPA-821-R-02-013, a repeat test shall be initiated within 21 days after the last day of the invalid routine test. (f) Upon completion of four consecutive quarterly valid routine tests that demonstrate compliance with the effluent limitation in 8.a.(1) above, the permittee may submit a written request to the Department to terminate the plan. The plan shall be terminated 12 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 upon written verification by the Department that the facility has passed at least four consecutive quarterly valid routine whole effluent toxicity tests. (g) If a test within the sequence of the four is deemed invalid, but is replaced by a repeat valid test initiated within 21 days after the last day of the invalid test, then the invalid test will not be counted against the requirement for four consecutive quarterly valid routine tests for the purpose of terminating the plan. (4) If chronic toxicity test results indicate greater than 50% mortality within 96 hours in an effluent concentration equal to or less than the effluent concentration specified as the acute toxicity limit in 8.a.(2), the Department may revise this permit to require acute definitive whole effluent toxicity testing. (5) The additional follow-up testing and the plan do not preclude the Department taking enforcement action for acute or chronic whole effluent toxicity failures. [62-4.241, 62-620.620(3)] 9. A Site Specific Alternative Criteria (SSACs) for dissolved oxygen has established for the St. Johns River marine portions of the lower St. Johns River and its tributaries (between Julington Creek and the mouth of the river). Pursuant to the SSAC, Dissolved Oxygen shall not be less than a minimum concentration of 4.0 mg/L, and a Total Fractional Exposure not greater than 1.0 over an annual evaluation period as defined by the following equation: �𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 𝐹𝐹𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝑇𝑇 𝐸𝐸𝐸𝐸𝐸𝐸𝑇𝑇𝐸𝐸𝐸𝐸𝐹𝐹𝐸𝐸 �= � 4<𝑁𝑁𝑁𝑁.𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.2 𝑚𝑚𝑚𝑚/𝐿𝐿16 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + �4.2<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.4 𝑚𝑚𝑚𝑚/𝐿𝐿21 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + � 4.4<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.6 𝑚𝑚𝑚𝑚/𝐿𝐿30 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + � 4.6<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.8 𝑚𝑚𝑚𝑚/𝐿𝐿47 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + �4.8<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<5.0 𝑚𝑚𝑚𝑚/𝐿𝐿55 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� Where number days in a interval is based on the daily average Dissolve Oxygen concentration. [62-302.530(30) & 62-302.800(6)(a)] 10. Florida water quality criteria and standards shall not be violated as a result of the discharge. [62- 620.320(9), 62-302.510(5)] 11. The monthly average effluent carbonaceous biochemical oxygen demand 5-day (CBOD5) and total suspended solids concentrations shall not exceed 15% of the respective influent values (85% removal). [62-620.620(1)(o) and (3)] 12. City of Atlantic Beach shall coordinate with City of Jacksonville Beach and City of Neptune Beach to monitor the segment of the waterbody near the Outfall D – 001 for study and reporting on the impact of the discharge to the water quality of the waterbody. The quarterly effluent- nutrients sample event collected at EFD – 1 as described in Condition I.A.1 shall coincide with the ambient stream sample event. Metered parameters (pH, DO, temperature and specific conductance) shall be sampled at the mid-depth. Grab samples at mid depth shall be collected for the other parameters. The result of the ambient sampling shall be reported monthly on the City of Atlantic WWTF – Discharge monitoring Report (DMR) and submitted to the Department. [62- 4.246(3)] 13. The Department reserves the right to require the Permittee to conduct a reconnaissance sediment sampling event to include up to six transects with a minimum of three transects located along the 13 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 outfall D-001, and approximately 300 feet upstream and 300 feet downstream of the outfall D-001, for the purpose of establishing final sampling locations for permit monitoring. The Department may also require the sediment and water quality sampling to occur at the alternative discharge point, outfall D-002. [62-302 FAC] 14. City of Atlantic Beach shall coordinate with City of Neptune Beach and City of Jacksonville Beach to provide the Northeast District Office within six months from the effective date of the permit a proposal for an evaluation and analysis method concerning the integrity of the outfall. The initial report concerning the integrity of the outfall using the approved evaluation and analysis method shall be submitted to Northeast District Office within one year from the effective date of the permit. Then, annual reports shall be submitted based on the approved evaluation and analysis method to indicate the integrity of the outfall line on or before January 1 of each year. [BPJ] 15. A mixing zone for concentration of copper (total recoverable) in the effluent discharged through the existing outfall D-001 to St. Johns River has been established. The mixing zone consists of the 36,379 m2-polygonal embayment and a 15,848 m2 -quadrilateral strip (28 m by 566 m) adjoining the polygonal embayment. The total mixing zone shall be 52,227 m2, centered over the end-of-pipe of the Outfall D-001 perpendicular to the shore and extends approximately 256 meters up-river and 310 meters down-river from the POD. Within the mixing zone, a minimum dilution ration of 9:1 is achieved at critical/worse care hydrologic scenarios. The maximum concentration limit at the end-of-pipe for copper (total recoverable) is 16.0 µg/L for the combined flow rates of three Beaches facilities: Jacksonville Beach WWTF (4.5 MGD AADF), Atlantic Beach WWTF (3.5 MGD AADF), and Neptune Beach WWTF (1.5 MGD AADF), at the total permitted capacity of 9.5 MGD AADF. The dischargers shall meet the water quality criterion of 3.7 µg/L for copper at the edge of mixing area. The coordinates of the vertices of the copper mixing zone and the Outfall D-001 are listed in the Table 1, and mixing zone delineation is shown on Figure 1. Table 1: Coordinates of the Vertices of Mixing Zone Polygon for Copper Point Latitude Longitude Outfall D-001 30° 22´ 55.24´´ N 81° 26´ 22.68´´ W SW 30° 22´ 50.38´´ N 81° 26´ 32.457´´ W NE 30° 23´ 02.45´´ N 81° 26´ 16.07´´ W B 30° 22´ 49.70´´ N 81° 26´ 31.72´´ W C 30° 23´ 01.45´´ N 81° 26´ 15.45´´ W D 30° 22´ 58.46´´ N 81° 26´ 16.91´´ W E 30° 22´ 56.07´´ N 81° 26´ 20.22´´ W F 30° 22´ 52.95´´ N 81° 26´ 20.67´´ W G 30° 22´ 49.66´´ N 81° 26´ 36.40´´ W SWA – BE1 30° 23´ 4.4´´ N 81° 26´ 19.5´´ W SWA – BE2 30° 22´ 57.9´´ N 81° 26´ 27.2´´ W SWB – BE1 30° 22´ 53.965´´ N 81° 26´ 55.194´´ W 14 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Figure 1 –Copper Mixing Zone Area 16. A mixing zone for concentration of total cyanide in the effluent discharged through the existing outfall D-001 to St. Johns River has been established. The mixing zone consists of the 36,379 m2- polygonal embayment and a 28,830 m2-quadrilateral strip (31 m by 930 m) adjoining the polygonal embayment. The total mixing zone shall be 65,209 m2, centered over the end-of-pipe of the Outfall D-001 perpendicular to the shore and extends approximately 497 meters up-river and 433 meters down-river from the POD. Within the mixing zone, a minimum dilution ration of 12:1 is achieved at critical/worse case hydrologic scenarios. The maximum concentration limit at the end-of-pipe for total cyanide of 7 µg/L at the permitted capacity of 9.5 MGD AADF, is a combination of flow rates of three Beach facilities: City of Jacksonville Beach WWTF (4.5 MGD AADF), Atlantic Beach WWTF (3.5 MGD AADF), and Neptune Beach WWTF (1.5 MGD AADF). The dischargers shall meet the water quality criterion of 1.0 µg/L for cyanide or are indentified in compliance with Rule 62-4.246(7), FAC, at the edge of mixing area. The coordinates of the vertices of the cyanide mixing zone and the Outfall D-001 are listed in the Table 2, and mixing zone delineation is shown on Figure 2. Table 2: Coordinates of the Vertices of Mixing Zone Polygon for Cyanide Point Latitude Longitude Outfall D-001 30° 22´ 55.24´´ N 81° 26´ 22.68´´ W SW1 30° 22´ 46.24´´ N 81° 26´ 38.94´´ W SW2 30° 22´ 47.75´´ N 81° 26´ 39.62´´ W 15 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Point Latitude Longitude NE1 30° 23´ 05.07´´ N 81° 26´ 11.35´´ W NE2 30° 23´ 05.96´´ N 81° 26´ 12.05´´ W B1 30° 22´ 50.96´´ N 81° 26´ 31.72´´ W B 30° 22´ 49.70´´ N 81° 26´ 31.72´´ W C 30° 23´ 01.45´´ N 81° 26´ 15.45´´ W D 30° 22´ 58.46´´ N 81° 26´ 16.91´´ W E 30° 22´ 56.07´´ N 81° 26´ 20.22´´ W F 30° 22´ 52.95´´ N 81° 26´ 20.67´´ W G 30° 22´ 49.66´´ N 81° 26´ 36.40´´ W SWA – BE1 30° 23´ 4.4´´ N 81° 26´ 19.5´´ W SWA – BE2 30° 22´ 57.9´´ N 81° 26´ 27.2´´ W SWB – BE1 30° 22´ 53.965´´ N 81° 26´ 55.194´´ W 16 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 17. The mixing zones for copper and cyanide shall be reevaluated during next permit renewal process or when the Department has evidences to indicate that discharge from the 30-inch alternates the approved mixing zone areas, whichever comes first. [BPJ] 18. The permittee, City of Atlantic Beach, shall collect the effluent sample and use EPA Method 1631E or clean techniques to analyze for mercury, total recoverable. An alternative EPA approved method such as Method 245.1 or 245.7 with a MDL of 14.0 ng/L operated in the high sensitivity mode can be used as for initial screening for mercury. If mercury is not detected (e.g., the results are less than the MDL of 14.0 ng/L), then mercury is in compliance with the water quality criterion of Rule 62-302.530(41), FAC. However, for any sample results that have a value greater than the MDL but less than the PQL, the permittee shall conduct an additional evaluation for mercury using clean techniques such as Method 1631E. If testing results show quantifiable mercury levels in the effluent, the permittee shall prepare and implement a mercury minimization plan addressing sources of mercury. [62-304.900] 17 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 B. Surface Water Discharge (Discharge to Pablo Creek Ultimately reaching the ICW at Outfall D – 002) 1. During the period beginning on the effective date and lasting through the expiration date of this permit, the permittee is authorized to discharge effluent from Outfall D-002 to Intracoastal Waterway during extreme weather or emergency conditions. Such discharge shall be limited and monitored by the permittee as specified below and reported in accordance with Permit Condition I.E.7 : Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Flow (from outfall D-002) MGD Max 3.0 Annual Average Continuous (During Discharge) Recording Flow Meter with Totalizer EFD-2 See I.B.4 Max Report Monthly Average BOD, Carbonaceous 5 day, 20C mg/L Max 60.0 Single Sample Weekly (During Discharge) 24-hr FPC EFD-2 Max 40.0 Weekly Average Max 25.0 Monthly Average Max 20.0 Annual Average CBOD, % Removal, 5-day percent Min 85.0 Monthly Average Monthly Calculated CAL-1 See I.B.11 Solids, Total Suspended mg/L Max 60.0 Single Sample Weekly (During Discharge) 24-hr FPC EFD-2 Max 40.0 Weekly Average Max 30.0 Monthly Average Max 20.0 Annual Average Solids, Total Suspended, % Removal percent Min 85.0 Monthly Average Monthly Calculated CAL-1 See I.B.11 pH s.u. Min 6.5 Single Sample Continuous (During Discharge) Meter EFA-4 See I.B.3 Max 8.5 Single Sample 18 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Coliform, Fecal #/100mL Max 200 Monthly Geometric Mean Weekly (During Discharge) Grab EFA-2 See I.B.5 Max 200 Annual Average Max 800 Single Sample Enterococci #/100mL Max 35 Monthly Geometric Mean 5/Month (During Discharge) Grab EFA-2 See I.B.7 Chlorine, Total Residual (For Disinfection) mg/L Min 0.5 Single Sample Continuous (During Discharge) Meter EFA-2 See I.B.3 and I.B.6 Chlorine, Total Residual (For Dechlorination) mg/L Max 0.01 Single Sample Daily; 24 hours (During Discharge) Grab EFD-2 See I.B.15 Oxygen, Dissolved (DO) mg/L Min 5.0 Single Sample Daily; 24 hours (During Discharge) Meter EFD-2 See I.B.12 Nitrogen, Total (as N) mg/L Max Report Annual Average Weekly (During Discharge) 24-hr FPC EFD-2 Max Report Monthly Average Max Report Single Sample Phosphorus, Total (as P) mg/L Max Report Annual Average Monthly (During Discharge) 24-hr FPC EFD-2 Max Report Monthly Average Max Report Single Sample 19 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Copper, Total Recoverable ug/L Max 3.7 Single Sample Monthly (During Discharge) 24-hr FPC EFD-2 See I.B.15 Cyanide, Total (as CN) ug/L Max 1.0 Single Sample Monthly (During Discharge) Grab EFD-2 See I.B.10 and I.B.15 Nitrogen, Kjeldahl, Total (as N) mg/L Max Report Single Sample Quarterly (During Discharge) 24-hr FPC EFD-2 See I.B.9 Nitrite plus Nitrate, Total (as N) mg/L Max Report Single Sample Quarterly (During Discharge) 24-hr FPC EFD-2 See I.B.9 Nitrogen, Ammonia, Total (as N) mg/L Max Report Single Sample Quarterly (During Discharge) 24-hr FPC EFD-2 See I.B.9 Phosphate, Ortho (as P) mg/L Max Report Single Sample Quarterly (During Discharge) Grab EFD-2 See I.B.9 Chronic Whole Effluent Toxicity, 7-Day IC25 (Ceriodaphnia dubia) percent Min 100 Single Sample Semi - Annually; twice per year (During Discharge) 24-hr FPC EFD-2 See I.B.8 20 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Effluent Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Chronic Whole Effluent Toxicity, 7-Day IC25 (Pimephales promelas) percent Min 100 Single Sample Semi- Annually; twice per year (During Discharge) 24-hr FPC EFD-2 See I.B.8 21 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 2. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.B.1. and as described below: Monitoring Site Description of Monitoring Site EFD-2 Sample point immediately after dechlorination and prior to discharge to D-002 CAL-1 Calculated percent removal of CBOD5 and TSS EFA-2 Sample point immediately after chlorination and prior to discharge to D-002 EFD-1 Sample point immediately after dechlorination and prior to discharge to D-001 EFA-4 Sample point immediately after disinfection and prior to discharge to Reuse Systems or Surface Water Discharge. 3. During the period of required operator attendance hourly measurement of pH and total residual chlorine for disinfection may be substituted for continuous measurement. [Chapter 62-601, Figure 2] 4. A recording flow meter with totalizer shall be utilized to measure flow and calibrated at least once every 12 months. [62-601.200(17) and .500(6)] 5. The effluent limitation for the monthly geometric mean for fecal coliform is only applicable if 10 or more values are reported. If fewer than 10 values are reported, the monthly geometric mean shall be calculated and reported on the Discharge Monitoring Report. [62-600.440(4)(c)] 6. Total residual chlorine must be maintained for a minimum contact time of 15 minutes based on peak hourly flow. [62-600.440(4)(b), (5)(b), and (6)(b)] 7. The enterococci value shall be based on a minimum of 5 samples of effluent each collected on nonconsecutive days during a period of 30 consecutive days (monthly). Effluent samples for enterococci shall be monitored using EPA Method 1600 or EnterolertTM. [62-302.500(1)(a)6. and 40 CFR Part 131(Federal Register/Vol. 69, No. 220, pages 67218-67243)] 8. The permittee shall comply with the following requirements to evaluate chronic whole effluent toxicity of the discharge from outfall D-002. a. Effluent Limitation (1) In any routine or additional follow-up test for chronic whole effluent toxicity, the 25 percent inhibition concentration (IC25) shall not be less than 100% effluent. [Rules 62- 302.530(61) and 62-4.241(1)(b), F.A.C.] (2) For acute whole effluent toxicity, the 96-hour LC50 shall not be less than 100% effluent in any test. [Rule 62-302.500(1)(a)4. and 62-4.241(1)(a), F.A.C.] b. Monitoring Frequency (1) Routine toxicity tests shall be conducted once every six months starting within 6 months of the most recent tests and lasting for the duration of this permit. c. Sampling Requirements (1) For each routine test or additional follow-up test conducted, a total of three flow proportional 24-hr composite samples of final effluent shall be collected and used in accordance with the sampling protocol discussed in EPA-821-R-02-013, Section 8. 22 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 (2) The first sample shall be used to initiate the test. The remaining two samples shall be collected according to the protocol and used as renewal solutions on Day 3 (48 hours) and Day 5 (96 hours) of the test. (3) Samples for routine and additional follow-up tests shall not be collected on the same day. d. Test Requirements (1) Routine Tests: All routine tests shall be conducted using a control (0% effluent) and a minimum of five test dilutions: 100%, 50%, 25%, 12.5%, and 6.25% final effluent. (2) The permittee shall conduct a daphnid, Ceriodaphnia dubia, Survival and Reproduction Test and a fathead minnow, Pimephales promelas, Larval Survival and Growth Test, concurrently. (3) All test species, procedures and quality assurance criteria used shall be in accordance with Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th Edition, EPA-821-R-02-013. Any deviation of the bioassay procedures outlined herein shall be submitted in writing to the Department for review and approval prior to use. In the event the above method is revised, the permittee shall conduct chronic toxicity testing in accordance with the revised method. (4) The control water and dilution water shall be moderately hard water as described in EPA- 821-R-02-013, Section 7.2.3. e. Quality Assurance Requirements (1) A standard reference toxicant (SRT) quality assurance (QA) chronic toxicity test shall be conducted with each species used in the required toxicity tests either concurrently or initiated no more than 30 days before the date of each routine or additional follow-up test conducted. Additionally, the SRT test must be conducted concurrently if the test organisms are obtained from outside the test laboratory unless the test organism supplier provides control chart data from at least the last five monthly chronic toxicity tests using the same reference toxicant and test conditions. If the organism supplier provides the required SRT data, the organism supplier's SRT data and the test laboratory's monthly SRT-QA data shall be included in the reports for each companion routine or additional follow-up test required. (2) If the mortality in the control exceeds 20% for either species in any test or any other test acceptability criteria are not met, then the test for that species (including the control) shall be invalidated and the test repeated. Test acceptability criteria for each species are defined in EPA-821-R-02-013, Section 13.12 (Ceriodaphnia dubia) and Section 11.11 (Pimephales promelas). The repeat test shall begin within 21 days after the last day of the invalid test. (3) If 100% mortality occurs in all effluent concentrations for either test species prior to the end of any test and the control mortality is less than 20% at that time, the test (including the control) for that species shall be terminated with the conclusion that the test fails and constitutes non-compliance. (4) Routine and additional follow-up tests shall be evaluated for acceptability based on the observed dose-response relationship as required by EPA-821-R-02-013, Section 10.2.6., and the evaluation shall be included with the bioassay laboratory reports. f. Reporting Requirements (1) Results from all required tests shall be entered on the MONTHLY Discharge Monitoring Report (DMR) as the calculated IC25 for each test species. (2) A bioassay laboratory report for each routine test shall be prepared according to EPA-821- R-02-013, Section 10, Report Preparation and Test Review, and mailed or emailed to the Department at the address below within 30 days after the last day of the test. (3) For additional follow-up tests, a single bioassay laboratory report shall be prepared according to EPA-821-R-02-013, Section 10, and mailed or emailed within 30 days after the last day of the second valid additional follow-up test. 23 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 (4) Data for invalid tests shall be included in the bioassay laboratory report for the repeat test. (5) The same bioassay data shall not be reported as the results of more than one test. (6) All bioassay laboratory reports shall be mailed or e-mailed to Jacksonville only: Florida Department of Environmental Protection Northeast District Office – Wastewater Compliance 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 g. Test Failures (1) A test fails when the test results do not meet the limits in Permit Condition I.B.8.b.(1). (2) Additional Follow-up Tests: (a) If a routine test does not meet the chronic toxicity limitation in Permit Condition I.B.8.b.(1) above, the permittee shall notify the Department at the address above within 21 days after the last day of the failed routine test and conduct two additional follow-up tests on each species that failed the test in accordance with Permit Condition I.B.8.d. (b) The first test shall be initiated within 28 days after the last day of the failed routine test. The remaining additional follow-up tests shall be conducted weekly thereafter until a total of two valid additional follow-up tests are completed. (c) The additional follow-up tests shall be conducted using a control (0% effluent) and a minimum of five dilutions: 100%, 50%, 25%, 12.5%, and 6.25% effluent. The permittee may modify the dilution series in the additional follow-up tests to more accurately bracket the toxicity such that at least two dilutions above and two dilutions below the target concentration and a control are run. All test results shall be analyzed according to the procedures in EPA-821-R-02-013. (3) In the event of three valid test failures (whether routine or additional follow-up tests) within a 12-month period, the permittee shall notify the Department within 21 days after the last day of the third test failure. (a) The permittee shall submit a plan for correction of the effluent toxicity within 60 days after the last day of the third test failure. (b) The Department shall review and approve the plan before initiation. (c) The plan shall be initiated within 30 days following the Department's written approval of the plan. (d) Progress reports shall be submitted quarterly to the Department at the address above. (e) During the implementation of the plan, the permittee shall conduct quarterly routine whole effluent toxicity tests in accordance with 8.d. Additional follow-up tests are not required while the plan is in progress. Following completion or termination of the plan, the frequency of monitoring for routine and additional follow-up tests shall return to the schedule established in Permit Condition I.B.8.b.(1). If a routine test is invalid according to the acceptance criteria in EPA-821-R-02-013, then a repeat test shall be initiated within 21 days after the last day of the invalid routine test. (f) Upon completion of four consecutive quarterly valid routine tests that demonstrate compliance with the effluent limitation in Permit Condition I.B.8.a.(1) above, the permittee may submit a written request to the Department to terminate the plan. The plan shall be terminated upon written verification by the Department that the facility has passed at least four consecutive quarterly valid routine whole effluent toxicity tests. (g) If a test within the sequence of the four is deemed invalid, but is replaced by a repeat valid test initiated within 21 days after the last day of the invalid test, then the invalid test will not be counted against the requirement for four consecutive quarterly valid routine tests for the purpose of terminating the plan. (4) If chronic toxicity test results indicate greater than 50% mortality within 96 hours in an effluent concentration equal to or less than the effluent concentration specified as the acute 24 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 toxicity limit in Permit Condition I.B.8.a.(2), the Department may revise this permit to require acute definitive whole effluent toxicity testing. (5) The additional follow-up testing and the plan do not preclude the Department taking enforcement action for acute or chronic whole effluent toxicity failures. [62-4.241, 62-620.620(3)] 9. When discharge from Outfall D-002 occurs, the permittee shall monitor for the parameters as required in Condition I.B.1. The quarterly nutrients sampling requirements specified in Condition I.B.1 shall be conducted when the flow exceeds 0.10 MGD monthly average daily flow (MADF) within the monitoring month. The chronic whole effluent toxicity test for the effluent discharge from Outfall D-002 (sample collected at EFD-2) shall be conducted when the flow exceeds 0.10 MGD MADF and the discharge occurs more than five (5) consecutive days or more 15 days or more per month. When no discharge occurs from the outfall, this fact shall be reported on the discharge monitoring report (DMR), and only first page of the discharge monitoring report (DMR) shall be submitted to the Department. [BPJ] 10. The permittee shall be deemed in compliance with the Surface Water Quality Standards for total cyanide when the concentrations in the effluent meet the permit limits specified Condition I.A.1 and I.B.1 or is undetectable or less than the method detection limit (MDL) level established by the Department corresponding to an approved analytical method. [62-4.246, 62-302.530(24)]\ 11. The monthly average effluent carbonaceous biochemical oxygen demand 5-day (CBOD5) and total suspended solids concentrations shall not exceed 15% of the respective influent values (85% removal). [62-620.620(1)(o) and (3)] 12. A Site Specific Alternative Criterion (SSAC) for DO (Dissolved Oxygen) for marine segments of the Lower St. Johns River. Pursuant to the SSAC, Dissolved Oxygen shall not be less than a minimum concentration of 4.0 mg/L, and a Total Fractional Exposure not greater than 1.0 over an annual evaluation period as defined by the following equation: �𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 𝐹𝐹𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝑇𝑇 𝐸𝐸𝐸𝐸𝐸𝐸𝑇𝑇𝐸𝐸𝐸𝐸𝐹𝐹𝐸𝐸 �= � 4<𝑁𝑁𝑁𝑁.𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.2 𝑚𝑚𝑚𝑚/𝐿𝐿16 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + �4.2<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.4 𝑚𝑚𝑚𝑚/𝐿𝐿21 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + � 4.4<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.6 𝑚𝑚𝑚𝑚/𝐿𝐿30 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + � 4.6<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.8 𝑚𝑚𝑚𝑚/𝐿𝐿47 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + �4.8<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<5.0 𝑚𝑚𝑚𝑚/𝐿𝐿55 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� Where the number days in an interval is based on the daily average Dissolved Oxygen concentration. [62-302.800(6)(a)] 13. The Department reserves the right to require additional regular monitoring of the segment of the Pablo Creek near the outfall for the purpose of maintaining data on the impact of the discharge to the creek. [62-4.246(3)] 14. City of Atlantic Beach shall provide the FDEP Northeast District Office within six months from the effective date of the permit a proposal for an evaluation and analysis method concerning the 25 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 integrity of the outfall to Pablo Creek. The initial report concerning the integrity of the outfall using the approved evaluation and analysis method shall be submitted to Northeast District Office within one year from the effective date of the permit. Then, annual reports shall be submitted based on the approved evaluation and analysis method to indicate the integrity of the outfall line on or before January 1 of each year. [BPJ] 15. Florida water quality criteria and standards shall not be violated as a result of the discharge. [62- 620.320(9), 62-302.510(5)] 26 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 C. Total Maximum Daily Load (TMDL) – Total Nitrogen and Total Phosphorus Load 1. During the period beginning on the effective date and lasting through the expiration date of this permit, the permittee is authorized to discharge effluent from Outfall D-SUM to St. Johns River. Such discharge shall be limited and monitored by the permittee as specified below and reported in accordance with Permit Condition I.E.7 : Effluent Limitations Monitoring Requirements Parameter Units Max/Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Flow, Total Volume Mgal/month Max Report Monthly Total Monthly Calculated CAL-6 Nitrogen, Total Load (as N) lb/month Max Report Monthly Total Monthly Calculated CAL-2 See I.C.3 lb/year Max 46,614 Annual Total Phosphorus, Total Load (as P) lb/month Max Report Monthly Total Monthly Calculated CAL-2 See I.C.3 lb/year Max 16,060 Annual Total 27 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 2. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.C.1. and as described below: Monitoring Site Description of Monitoring Site CAL-6 Calculated value = summation of flow from Outfalls D-001 and D-002 in a given month. CAL-2 Calculated mass load of total nitrogen or total phosphorus 3. Discharge from City of Atlantic Beach WWTF is subject the effluent limitation for annual mass load of the total nitrogen and total phosphorus. The annual mass-based effluent limitations shall be 46,614 lbs/year (21,150.0 kg/year) for total nitrogen and 16,060 lbs/year (7,286.7 kg/year) for total phosphorus. Monthly mass load and annually mass loads of total nitrogen and phosphorus shall be calculated as follows: Where: ML = Monthly mass load of total nitrogen or total phosphorus from the discharge; (Lbs/month) Flow1 = Total volume of effluent discharged from Outfall D-001 in a given month; (MG) TN1 = Monthly average concentration of TN collected at EFD – 1 ; (mg/L) TP1 = Monthly average concentration of TP collected at EFD – 1 ; (mg/L) Flow2 = Monthly volume of effluent discharged from Outfall D-002 in a given month; (MG) TN2 = Monthly average concentration of TN collected at EFD – 2 ; (mg/L) TP2 = Monthly average concentration of TP collected at EFD – 2 ; (mg/L) o Annual Mass Load The annual mass load is computed using a rolling twelve (12) – month period. The calculation shall be the sum of the twelve most recent monthly mass loading of total nitrogen or total phosphorus. [62-302.530] 28 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 D. Reuse and Land Application Systems 1. During the period beginning on the effective date and lasting through the expiration date of this permit, the permittee is authorized to direct reclaimed water to Reuse System R-001. Such reclaimed water shall be limited and monitored by the permittee as specified below and reported in accordance with Permit Condition I.E.7.: Reclaimed Water Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Flow (Interim; Phase I) MGD Max Report Annual Average Continuous Recording Flow Meter with Totalizer FLW-1 See I.D.4 and I.D.10 Max Report Monthly Average Max 0.95 Daily Maximum gal/hr Max 39,580 Maximum Hourly Rate Flow (Final; Phase II) MGD Max 0.5 Annual Average Continuous Recording Flow Meter with Totalizer FLW-1 See I.D.4 and I.D.10 Max Report Monthly Average BOD, Carbonaceous 5 day, 20C mg/L Max 20.0 Annual Average Weekly 24-hr FPC EFA-4 Max 30.0 Monthly Average Max 45.0 Weekly Average Max 60.0 Single Sample Solids, Total Suspended mg/L Max 5.0 Single Sample Daily; 24 hours Grab EFB-1 29 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Reclaimed Water Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Coliform, Fecal #/100mL Max 25 Single Sample Daily; 24 hours Grab EFA-4 Coliform, Fecal, % less than detection percent Min 75 Monthly Total Monthly Calculated CAL-5 See I.D.5 pH s.u. Min 6.0 Single Sample Continuous Meter EFA-4 See I.D.3 Max 8.5 Single Sample Chlorine, Total Residual (Interim; Phase I) mg/L Min 1.6 Single Sample Continuous Meter EFA-4 See I.D.8 and I.D.11 Chlorine, Total Residual (Final; Phase II) mg/L Min 1.0 Single Sample Continuous Meter EFA-4 See I.D.8 and I.D.11 Nitrogen, Total (as N) mg/L Max 5.0 Monthly Average Bi-weekly; every 2 weeks 24-hr FPC EFA-4 See I.D.12 Max 10.0 Single Sample Turbidity NTU Max Report Single Sample Continuous Meter EFB-1 See I.D.8 Primary Drinking Water Standards (Reclaimed Water) See DMR Max Report Single Sample Annually See DMR RWS-A See I.E.8 30 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Reclaimed Water Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Secondary Drinking Water Standards (Reclaimed Water) See DMR Max Report Single Sample Annually See DMR RWS-A Giardia cysts/100L Max Report Single Sample Bi-annually; every 2 years Grab EFA-4 See I.D.9 Cryptosporidium oocysts/100L Max Report Single Sample Bi-annually; every 2 years Grab EFA-4 See I.D.9 31 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 2. Reclaimed water samples shall be taken at the monitoring site locations listed in Permit Condition I.D.1. and as described below: Monitoring Site Description of Monitoring Site FLW-1 Flow monitoring point, after chlorination and prior to the reuse systems EFA-4 Sample point immediately after disinfection and prior to discharge to Reuse Systems or Surface Water Discharge. EFB-1 Effluent sample point after filtration and prior to high-level disinfection CAL-5 Calculated percent removal of fecal coliform RWS-A Same as EFA-4 for Primary and Secondary drinking water standards 3. Hourly measurement of pH during the period of required operator attendance may be substituted for continuous measurement. [Chapter 62-601, Figure 2] 4. A recording flow meter with totalizer shall be utilized to measure flow and calibrated at least once every 12 months. [62-601.200(17) and .500(6)] 5. To report the "% less than detection," count the number of fecal coliform observations that were less than detection, divide by the total number of fecal coliform observations in the month, and multiply by 100% (round to the nearest integer). [62-600.440(5)(f)] 6. The maximum turbidity shall be limited as described in the approved operating protocol, such that the permit limitations for total suspended solids and fecal coliforms will be achieved. [62- 610.463(2)] 7. The treatment facilities shall be operated in accordance with all approved operating protocols. Only reclaimed water that meets the criteria established in the approved operating protocol(s) may be released to system storage or to the reuse system. Reclaimed water that fails to meet the criteria in the approved operating protocol(s) shall be directed back to the facility for further treatment or sent to the St. Johns River via outfall D-001. [62-610.320(6) and 62-610.463(2)] 8. Instruments for continuous on-line monitoring of total residual chlorine and turbidity shall be equipped with an automated data logging or recording device. [62-610.463(2)] 9. Intervals between sampling for Giardia and Cryptosporidium shall not exceed two years. Sampling results for giardia and cryptosporidium shall be reported on DEP Form 62- 610.300(4)(a)4, Pathogen Monitoring. This form shall be submitted to the Department's Northeast District Office and to DEP's Reuse Coordinator in Tallahassee. [62-610.300(4)(a)] and [62- 610.463(4)] 10. During the interim period (Phase I), the permitted capacity of R-001 system is rated at 0.95MGD AADF. The permitted capacity will be decreased to 0.5 MGD AADF once Phase II is completed. 11. During the interim period (Phase I), the total chlorine residual is increased to 1.6 mg/L to meet the disinfection requirement at higher flow capacity. The TRC is returned back to 1.0 mg/L once Phase II is completed. [62-600.440(5)(c)2] 12. The Department has approved the facility’s request for exemption of groundwater monitoring. In lieu of groundwater monitoring the public access reuse effluent will be analyzed for total nitrogen concentrations on a bi-weekly basis as specified in permit condition I.D.1. The Department reserved the right to require groundwater monitoring should permit limitations be exceeded. [BPJ] 32 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 E. Other Limitations and Monitoring and Reporting Requirements 1. During the period beginning on the effective date and lasting through the expiration date of this permit, the treatment facility shall be limited and monitored by the permittee as specified below and reported in accordance with condition I.E.7: Limitations Monitoring Requirements Parameter Units Max /Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Notes Flow (through the WWTF) MGD Max 3.5 Annual Average Continuous Recording Flow Meter with Totalizer CAL-3 See I.E.4 Max Report Monthly Average Max Report Quarterly Average Percent Capacity, (TMADF ÷ Permitted Capacity) x 100 percent Max Report Monthly Average Monthly Calculated CAL-4 BOD, Carbonaceous 5 day, 20C (Influent) mg/L Max Report Monthly Average Weekly 24-hr FPC INF-1 See I.E.3 Solids, Total Suspended (Influent) mg/L Max Report Monthly Average Weekly 24-hr FPC INF-1 See I.E.3 33 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 2. Samples shall be taken at the monitoring site locations listed in Permit Condition I.E.1. and as described below: Monitoring Site Description of Monitoring Site CAL-3 Calculated total flow through the WWTF, which is the summation of flow from Outfalls D-001 and D-002 CAL-4 Calculated percent capacity for the WWTF INF-1 Influent point to treatment train prior to any biological, chemical, physical treatment or dilution 3. Influent samples shall be collected so that they do not contain digester supernatant or return activated sludge, or any other plant process recycled waters. [62-601.500(4)] 4. A recording flow meter with totalizer shall be utilized to measure flow and calibrated at least once every 12 months. [62-601.200(17) and .500(6)] 5. The sample collection, analytical test methods and method detection limits (MDLs) applicable to this permit shall be conducted using a sufficiently sensitive method to ensure compliance with applicable water quality standards and effluent limitations and shall be in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. The list of Department established analytical methods, and corresponding MDLs (method detection limits) and PQLs (practical quantitation limits), which is titled "FAC 62-4 MDL/PQL Table (April 26, 2006)" is available at http://www.dep.state.fl.us/labs/library/index.htm. The MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values and the Department shall not accept results for which the laboratory's MDLs or PQLs are greater than those described above unless alternate MDLs and/or PQLs have been specifically approved by the Department for this permit. Any method included in the list may be used for reporting as long as it meets the following requirements: a. The laboratory's reported MDL and PQL values for the particular method must be equal or less than the corresponding method values specified in the Department's approved MDL and PQL list; b. The laboratory reported MDL for the specific parameter is less than or equal to the permit limit or the applicable water quality criteria, if any, stated in Chapter 62-302, F.A.C. Parameters that are listed as "report only" in the permit shall use methods that provide an MDL, which is equal to or less than the applicable water quality criteria stated in 62-302, F.A.C.; and c. If the MDLs for all methods available in the approved list are above the stated permit limit or applicable water quality criteria for that parameter, then the method with the lowest stated MDL shall be used. When the analytical results are below method detection or practical quantitation limits, the permittee shall report the actual laboratory MDL and/or PQL values for the analyses that were performed following the instructions on the applicable discharge monitoring report. 34 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Where necessary, the permittee may request approval of alternate methods or for alternative MDLs or PQLs for any approved analytical method. Approval of alternate laboratory MDLs or PQLs are not necessary if the laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality criteria, if any, stated in Chapter 62-302, F.A.C. Approval of an analytical method not included in the above-referenced list is not necessary if the analytical method is approved in accordance with 40 CFR 136 or deemed acceptable by the Department. [62-4.246, 62-160] 6. The permittee shall provide safe access points for obtaining representative influent, reclaimed water, and effluent samples which are required by this permit. [62-601.500(5)] 7. Monitoring requirements under this permit are effective on the first day of the second month following the effective date of the permit. Until such time, the permittee shall continue to monitor and report in accordance with previously effective permit requirements, if any. During the period of operation authorized by this permit, the permittee shall complete and submit to the Department Discharge Monitoring Reports (DMRs) in accordance with the frequencies specified by the REPORT type (i.e. monthly, quarterly, semiannual, annual, etc.) indicated on the DMR forms attached to this permit. Unless specified otherwise in this permit, monitoring results for each monitoring period shall be submitted in accordance with the associated DMR due dates below. DMRs shall be submitted for each required monitoring period including periods of no discharge. REPORT Type on DMR Monitoring Period Mail or Electronically Submit by Monthly (includes Toxicity) first day of month - last day of month 28th day of following month Quarterly January 1 - March 31 April 1 - June 30 July 1 - September 30 October 1 - December 31 April 28 July 28 October 28 January 28 Semi-annual January 1 - June 30 July 1 - December 31 July 28 January 28 Annual January 1 - December 31 January 28 The permittee may submit either paper or electronic DMR forms. If submitting paper DMR forms, the permittee shall make copies of the attached DMR forms, without altering the original format or content unless approved by the Department, and shall mail the completed DMR forms to the Department by the twenty-eighth (28th) of the month following the month of operation at the address specified below: Florida Department of Environmental Protection Wastewater Compliance Evaluation Section, Mail Station 3551 Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 If submitting electronic DMR forms, the permittee shall use the electronic DMR system(s) approved in writing by the Department and shall electronically submit the completed DMR forms to the Department by the twenty-eighth (28th) of the month following the month of operation. Data submitted in electronic format is equivalent to data submitted on signed and certified paper DMR forms. 35 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 [62-620.610(18)][62-601.300(1),(2), and (3)] 8. During the period of operation authorized by this permit, reclaimed water or effluent shall be monitored annually for the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., (except for asbestos, color, odor, and corrosivity). These monitoring results shall be reported to the Department annually on the DMR. During years when a permit is not renewed, a certification stating that no new non-domestic wastewater dischargers have been added to the collection system since the last reclaimed water or effluent analysis was conducted may be submitted in lieu of the report. The annual reclaimed water or effluent analysis report or the certification shall be completed and submitted in a timely manner so as to be received by the Department at the address identified on the DMR by June 28 of each year. Approved analytical methods identified in Rule 62-620.100(3)(j), F.A.C., shall be used for the analysis. If no method is included for a parameter, methods specified in Chapter 62-550, F.A.C., shall be used. [62- 601.300(4)][62-601.500(3)][62-610.300(4)] 9. The permittee shall submit an Annual Reuse Report using DEP Form 62-610.300(4)(a)2. on or before January 1 of each year. [62-610.870(3)] 10. Operating protocol(s) shall be reviewed and updated periodically to ensure continuous compliance with the minimum treatment and disinfection requirements. Updated operating protocols shall be submitted to the Department's Northeast District Office for review and approval upon revision of the operating protocol(s) and with each permit application. [62- 610.320(6)][62-610.463(2)] 11. The permittee shall maintain an inventory of storage systems. The inventory shall be submitted to the Department's Northeast District Office at least 30 days before reclaimed water will be introduced into any new storage system. The inventory of storage systems shall be attached to the annual submittal of the Annual Reuse Report. [62-610.464(5)] 12. Unless specified otherwise in this permit, all reports and other information required by this permit, including 24-hour notifications, shall be submitted to or reported to, as appropriate, the Department's Northeast District Office at the address specified below: Florida Department of Environmental Protection Northeast District Office 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 Phone (904) 256-1700; FAX (904) 256-1589 (All FAX copies and e-mails shall be followed by original copies.) [62-620.305] 13. All reports and other information shall be signed in accordance with the requirements of Rule 62-620.305, F.A.C. [62-620.305] II. BIOSOLIDS MANAGEMENT REQUIREMENTS 1. Biosolids generated by this facility may be disposed of in a Class I solid waste landfill. [62- 620.320(6), 62-640.880(1)] 2. The permittee shall monitor and keep records of the quantities of biosolids generated, landfilled. These records shall be kept for a minimum of five years. [62-640.650(4)(a)] 36 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 3. Biosolids quantities shall be monitored by the permittee as specified below. Results shall be reported on the permittee's Discharge Monitoring Report in accordance with Condition I.E.7. Biosolids Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Biosolids Quantity (Landfilled) ton (d) Max Report Monthly Total Monthly Calculated RMP-1 [62-640.650(5)(a)1] 4. Biosolids quantities shall be calculated as listed in Permit Condition II. and as described below: Monitoring Site Description of Monitoring Site Calculations RMP-1 Calculated Biosolids Quantity 5. The treatment, management, transportation, use, land application, or disposal of biosolids shall not cause a violation of the odor prohibition in subsection 62-296.320(2), F.A.C. [62- 640.400(6)] 6. Storage of biosolids or other solids at this facility shall be in accordance with the Facility Biosolids Storage Plan. [62-640.300(4)] 7. Biosolids shall not be spilled from or tracked off the treatment facility site by the hauling vehicle. [62-640.400(9)] 8. Disposal of biosolids, septage, and "other solids" in a solid waste disposal facility, or disposal by placement on land for purposes other than soil conditioning or fertilization, such as at a monofill, surface impoundment, waste pile, or dedicated site, shall be in accordance with Chapter 62-701, F.A.C. [62-640.100(6)(b) & (c)] 9. If the permittee intends to accept biosolids from other facilities, a permit revision is required pursuant to paragraph 62-640.880(2)(d), F.A.C. [62-640.880(2)(d)] III. GROUND WATER REQUIREMENTS 1. The subject discharge to ground water has been exempted from ground water monitoring. The exemption is subject to revocation if monitoring reveals that permit limits are not met, or the permittee fails to conduct monitoring as required to assess compliance, or if the department subsequently determines that the discharge presents a potential hazard to human health, the environment, or otherwise endangers a source of drinking water. Should the exemption be revoked, the permittee shall have 60 days from receipt of the revocation notice to prepare and submit a ground water monitoring plan for department review. [62-520.600, F.A.C.] 2. A zone of discharge is established extending horizontally 100 feet beyond the margins of the Selva Marina Country Club Golf Course or the user’s property line, whichever is less, and vertically to the base of the water table aquifer. [62-520.465, F.A.C.] 37 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 3. The discharge to ground water shall not cause a violation of ground water quality standards at the boundary of the zone of discharge, nor cause a violation of the ground water minimum criteria within the zone of discharge. [62-520.400 and 62-520.420, F.A.C.] IV. ADDITIONAL REUSE AND LAND APPLICATION REQUIREMENTS A. Part III Public Access System(s) 1. Use of reclaimed water is authorized within the general service area identified in the attached map. The following uses of reclaimed water are authorized within this general service area: • Golf Courses • Residential Developments • Municipal Property [62-620.630(10)(a)] 2. This reuse system includes the following major user(s) of reclaimed water (i.e., using 0.1 MGD or more) and general service area(s): Site Number User Name User Type Capacity (MGD) Acreage PAA-001 SMCC Golf Course Golf Courses 0.37 146 PAA-002 Residential Residential Developments 0.109 N/A PAA-003 Common Areas/Medians/Right of Ways Municipal Property 0.021 N/A Total 0.5 146 [62-610.800(5)][62-620.630(10)(b)] 3. New major users of reclaimed water (i.e., using 0.1 MGD or more) may be added to the reuse system using the general permit described in Rule 62-610.890, F.A.C., if the requirements in this rule are complied with. Application for use of this general permit shall be made using Form 62- 610.300(4)(a)1. [62-610.890] 4. Cross-connections to the potable water system are prohibited. [62-610.469(7)] 5. A cross-connection control program shall be implemented and/or remain in effect within the areas where reclaimed water will be provided for use and shall be in compliance with the Rule 62-555.360, F.A.C. [62-610.469(7)] 6. The permittee shall conduct inspections within the reclaimed water service area to verify proper connections, to minimize illegal cross-connections, and to verify both the proper use of reclaimed water and that the proper backflow prevention assemblies or devices have been installed and tested. Inspections are required when a customer first connects to the reuse distribution system. Subsequent inspections are required as specified in the cross-connection control and inspection program. [62-610.469(7)(h)] 38 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 7. If an actual or potential (e.g. no dual check device on residential connections served by a reuse system) cross-connection between the potable and reclaimed water systems is discovered, the permittee shall: a. Immediately discontinue potable water and/or reclaimed water service to the affected area if an actual cross-connection is discovered. b. If the potable water system is contaminated, clear the potable water lines. c. Eliminate the cross-connection and install a backflow prevention device as required by the Rule 62-555.360.F.A.C. d. Test the affected area for other possible cross-connections. e. Within 24 hours, notify the Department's Northeast District Office's domestic wastewater and drinking water programs. f. Within 5 days of discovery of an actual or potential cross-connection, submit a written report to the Department's Northeast District Office detailing: a description of the cross-connection, how the cross-connection was discovered, the exact date and time of discovery, approximate time that the cross-connection existed, the location, the cause, steps taken to eliminate the cross-connection, whether reclaimed water was consumed, and reports of possible illness, whether the drinking water system was contaminated and the steps taken to clear the drinking water system, when the cross-connection was eliminated, plan of action for testing for other possible cross-connections in the area, and an evaluation of the cross-connection control and inspection program to ensure that future cross-connections do not occur. [62-555.350(3) and 62-555.360][62-620.610(20)] 8. Maximum obtainable separation of reclaimed water lines and potable water lines shall be provided and the minimum separation distances specified in Rule 62-610.469(7), F.A.C., shall be provided. Reuse facilities shall be color coded or marked. Underground piping which is not manufactured of metal or concrete shall be color coded using Pantone Purple 522C using light stable colorants. Underground metal and concrete pipe shall be color coded or marked using purple as the predominant color. [62-610.469(7)] 9. In constructing reclaimed water distribution piping, the permittee shall maintain a 75-foot setback distance from a reclaimed water transmission facility to public water supply wells. No setback distances are required to other potable water supply wells or to any nonpotable water supply wells. [62-610.471(3)] 10. A setback distance of 75 feet shall be maintained between the edge of the wetted area and potable water supply wells, unless the utility adopts and enforces an ordinance prohibiting potable water supply wells within the reuse service area. No setback distances are required to any nonpotable water supply well, to any surface water, to any developed areas, or to any private swimming pools, hot tubs, spas, saunas, picnic tables, barbecue pits, or barbecue grills. [62- 610.471(1), (2), (5), and (7)] 11. Reclaimed water shall not be used to fill swimming pools, hot tubs, or wading pools. [62- 610.469(4)] 12. Low trajectory nozzles, or other means to minimize aerosol formation shall be used within 100 feet from outdoor public eating, drinking, or bathing facilities. [62-610.471(6)] 39 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 13. A setback distance of 100 feet shall be maintained from indoor aesthetic features using reclaimed water to adjacent indoor public eating and drinking facilities. [62-610.471(8)] 14. The public shall be notified of the use of reclaimed water. This shall be accomplished by posting of advisory signs in areas where reuse is practiced, notes on scorecards, or other methods. [62- 610.468(2)] 15. All advisory signs and labels on vaults, service boxes, or compartments that house hose bibbs along with all labels on hose bibbs, valves, and outlets shall bear the words "do not drink" and "no beber" along with the equivalent standard international symbol. In addition to the words "do not drink" and "no beber," advisory signs posted at storage ponds and decorative water features shall also bear the words "do not swim" and "no nadar" along with the equivalent standard international symbols. [62-610.468 & .469] 16. The permittee shall ensure that users of reclaimed water are informed about the origin, nature, and characteristics of reclaimed water; the manner in which reclaimed water can be safely used; and limitations on the use of reclaimed water. Notification is required at the time of initial connection to the reclaimed water distribution system and annually after the reuse system is placed into operation. A description of on-going public notification activities shall be included in the Annual Reuse Report. [62-610.468(6)] 17. Routine aquatic weed control and regular maintenance of storage pond embankments and access areas are required. [62-610.414(8)] 18. Overflows from emergency discharge facilities on storage ponds shall be reported as abnormal events in accordance with Permit Condition IX.20. [62-610.800(9)] 19. The golf course pond SWMF-1 is used strictly for reclaimed water storage only. The pond area is approximately 1.98 acres at the top of the berm (TOB). The normal water level (NWL) is 4 feet below TOB. The reclaimed water pumps from the WWTF shall not be operating when the water level is at or above NWL. The reclaimed water volume that can be retained at the NWL is approximately 3 MGD. An emergency overflow is located approximately 1 feet below TOB. Water from the emergency overflow will be routed to stormwater pond SWMF-4. 20. The reclaimed water storage ponds shall be lined or sealed to prevent measurable seepage. Documentation of quality assurance and quality control activities on liner installation along with permeability or seepage test results shall be submitted with the notification that the reclaimed water system will be placed in operation. [62-610.414(4)] V. OPERATION AND MAINTENANCE REQUIREMENTS A. Staffing Requirements 1. During the period of operation authorized by this permit, the wastewater facilities shall be operated under the supervision of a(n) operator(s) certified in accordance with Chapter 62-602, F.A.C., following one of the conditions below: a. In accordance with Chapter 62-699, F.A.C., the City of Atlantic Beach WWTF is a Category I, Class A facility. In addition, in accordance with Rules 62-610.462(3) and 62-699.310(3), FAC, due to provisions for increased facility reliability (automatic control system, electronic surveillance system and satisfactory operation performance) have been provided, the 40 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 minimum staffing requirement at the wastewater treatment facility shall be a Class C or higher operator 12 hours/day for 7 days per week. The lead operator must be Class A operator. [62-620.630(3] [62-699.310] [62-610.462(3)] b. In accordance with Chapter 62-699, F.A.C., City of Atlantic Beach WWTF is a Category I, Class A facility. In accordance with Rule 62-610.462(2), FAC, if provisions for increased facility reliability are not provided (The automatic control system and/or the electronic surveillance system does not work properly.), the minimum staffing requirement at the wastewater treatment facility shall be a Class C or higher operator 24 hours/day for 7 days per week. The lead/chief operator must be a Class A operator, or higher. [62-620.630(3)][62-699.310] [62-610.462] 2. The lead/chief operator shall be employed at the plant full time. "Full time" shall mean at least 4 days per week, working a minimum of 35 hours per week, including leave time. A licensed operator shall be on-site and in charge of each required shift for periods of required staffing time when the lead/chief operator is not on-site. An operator meeting the lead/chief operator class for the treatment plant shall be available during all periods of plant operation. "Available" means able to be contacted as needed to initiate the appropriate action in a timely manner. [62- 699.311(10), (6) and (1)] 3. An operator meeting the lead/chief operator class for the plant shall be available during all periods of plant operation. "Available" means able to be contacted as needed to initiate the appropriate action in a timely manner. [62-699.311(1)] B. Capacity Analysis Report and Operation and Maintenance Performance Report Requirements 1. The application to renew this permit shall include an updated capacity analysis report prepared in accordance with Rule 62-600.405, F.A.C. [62-600.405(5)] 2. The application to renew this permit shall include a detailed operation and maintenance performance report prepared in accordance with Rule 62-600.735, F.A.C. [62-600.735(1)] C. Recordkeeping Requirements 1. The permittee shall maintain the following records and make them available for inspection on the site of the permitted facility. a. Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification number of the laboratory, for at least three years from the date the sample or measurement was taken; b. Copies of all reports required by the permit for at least three years from the date the report was prepared; c. Records of all data, including reports and documents, used to complete the application for the permit for at least three years from the date the application was filed; 41 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 d. Monitoring information, including a copy of the laboratory certification showing the laboratory certification number, related to the residuals use and disposal activities for the time period set forth in Chapter 62-640, F.A.C., for at least three years from the date of sampling or measurement; e. A copy of the current permit; f. A copy of the current operation and maintenance manual as required by Chapter 62-600, F.A.C.; g. A copy of any required record drawings; h. Copies of the licenses of the current certified operators; i. Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date of the logs or schedules. The logs shall, at a minimum, include identification of the plant; the signature and license number of the operator(s) and the signature of the person(s) making any entries; date and time in and out; specific operation and maintenance activities, including any preventive maintenance or repairs made or requested; results of tests performed and samples taken, unless documented on a laboratory sheet; and notation of any notification or reporting completed in accordance with Rule 62- 602.650(3), F.A.C. The logs shall be maintained on-site in a location accessible to 24-hour inspection, protected from weather damage, and current to the last operation and maintenance performed; and j. Records of biosolids quantities, treatment, monitoring, and hauling for at least five years. [62-620.350, 62-602.650, 62-640.650(4)] VI. SCHEDULES 1. In accordance with section 403.0882(2)(e) and (f), Florida Statues, a compliance schedule for this facility is contained in Administrative Order AO 171 NE which is hereby incorporated by reference. 2. The following improvement actions shall be completed according to the following schedule: Improvement Action Completion Date a. Submit a proposal for an evaluation and analysis method concerning the integrity of the outfalls (D-001 and D-002). Within six months from the effective date of the permit b. Submit the initial evaluation concerning the integrity of the outfalls D-001 and D-002 using the approved evaluation and analysis methods within one year from the effective date of the permit. One year from the effective date of the permit. c. Submit annual outfall evaluation reports based on the approved evaluation and analysis method to indicate the integrity of the outfall line for D-001 and D-002. January 1 of each year d. Provide final design plans for the replacement of the effluent pipe to the St. Johns River (D-001). May 5, 2015 42 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 e. Submit Form 62-610.300(4)(a)3, Application for Permission to Place a Public Access Reuse System in Operation prior to placing R-001 into service Within one month prior to putting public access reuse system into service. f. Submit Form 62-620.910(12) (Notification of Completion of Construction) Within one month prior to putting public access reuse system into service. g. Submit Form 62-620.910(13) (Notification of Availability of Record Drawings) Within six months after placing public access reuse system into service [62-620.320(6)] 3. The Department reserves the right to add monthly monitoring for Total Recoverable Mercury should effluent results not satisfy Class III Marine Surface Water Quality Standards. 4. The permittee is not authorized to discharge to waters of the state after the expiration date of this permit, unless: a. The permittee has applied for renewal of this permit at least 180 days before the expiration date of this permit using the appropriate forms listed in Rule 62-620.910, F.A.C., and in the manner established in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., including submittal of the appropriate processing fee set forth in Rule 62-4.050, F.A.C.; or b. The permittee has made complete the application for renewal of this permit before the permit expiration date. Please note, effluent testing shall be conducted for each outfall in accordance with the instructions provided in Sections 3.A.12., 13., and 14. of the application form. A minimum of three samples shall be taken within four and one-half years prior to the date of the permit application and must be representative of the seasonal variation in the discharge from each outfall. [62-620.335(1) - (4)] VII. INDUSTRIAL PRETREATMENT PROGRAM REQUIREMENTS 1. This facility is not required to have a pretreatment program at this time. [62-625.500] VIII. REOPENER CLAUSE 1. The permit shall be revised, or alternatively, revoked and reissued in accordance with the provisions contained in Rules 62-620.325 and 62-620.345 F.A.C., if applicable, or to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Clean Water Act (the Act), as amended, if the effluent standards, limitations, or water quality standards so issued or approved: a. Contains different conditions or is otherwise more stringent than any condition in the permit/or; b. Controls any pollutant not addressed in the permit. 43 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 The permit as revised or reissued under this paragraph shall contain any other requirements then applicable. 2. The permit may be reopened to adjust effluent limitations or monitoring requirements should future Water Quality Based Effluent Limitation determinations, water quality studies, DEP approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement. IX. OTHER SPECIFIC CONDITIONS 1. In the event that the treatment facilities or equipment no longer function as intended, are no longer safe in terms of public health and safety, or odor, noise, aerosol drift, or lighting adversely affects neighboring developed areas at the levels prohibited by Rule 62-600.400(2)(a), F.A.C., corrective action (which may include additional maintenance or modifications of the permitted facilities) shall be taken by the permittee. Other corrective action may be required to ensure compliance with rules of the Department. Additionally, the treatment, management, use or land application of residuals shall not cause a violation of the odor prohibition in Rule 62-296.320(2), F.A.C. [62-600.410(8) and 62-640.400(6)] 2. The deliberate introduction of stormwater in any amount into collection/transmission systems designed solely for the introduction (and conveyance) of domestic/industrial wastewater; or the deliberate introduction of stormwater into collection/transmission systems designed for the introduction or conveyance of combinations of storm and domestic/industrial wastewater in amounts which may reduce the efficiency of pollutant removal by the treatment plant is prohibited, except as provided by Rule 62-610.472, F.A.C. [62-604.130(3)] 3. Collection/transmission system overflows shall be reported to the Department in accordance with Permit Condition IX. 20. [62-604.550] [62-620.610(20)] 4. The operating authority of a collection/transmission system and the permittee of a treatment plant are prohibited from accepting connections of wastewater discharges which have not received necessary pretreatment or which contain materials or pollutants (other than normal domestic wastewater constituents): a. Which may cause fire or explosion hazards; or b. Which may cause excessive corrosion or other deterioration of wastewater facilities due to chemical action or pH levels; or c. Which are solid or viscous and obstruct flow or otherwise interfere with wastewater facility operations or treatment; or d. Which result in the wastewater temperature at the introduction of the treatment plant exceeding 40oC or otherwise inhibiting treatment; or e. Which result in the presence of toxic gases, vapors, or fumes that may cause worker health and safety problems. [62-604.130(5)] 5. The treatment facility, storage ponds for Part II systems, rapid infiltration basins, and/or infiltration trenches shall be enclosed with a fence or otherwise provided with features to discourage the entry of animals and unauthorized persons. [62-600.400(2)(b)] 44 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 6. Screenings and grit removed from the wastewater facilities shall be collected in suitable containers and hauled to a Department approved Class I landfill or to a landfill approved by the Department for receipt/disposal of screenings and grit. [62-701.300(1)(a)] 7. Where required by Chapter 471 or Chapter 492, F.S., applicable portions of reports that must be submitted under this permit shall be signed and sealed by a professional engineer or a professional geologist, as appropriate. [62-620.310(4)] 8. The permittee shall provide verbal notice to the Department's Northeast District Office as soon as practical after discovery of a sinkhole or other karst feature within an area for the management or application of wastewater, wastewater residuals (sludges), or reclaimed water. The permittee shall immediately implement measures appropriate to control the entry of contaminants, and shall detail these measures to the Department's Northeast District Office in a written report within 7 days of the sinkhole discovery. [62-620.320(6)] 9. The permittee shall provide adequate notice to the Department of the following: a. Any new introduction of pollutants into the facility from an industrial discharger which would be subject to Chapter 403, F.S., and the requirements of Chapter 62-620, F.A.C., if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into that facility by a source which was identified in the permit application and known to be discharging at the time the permit was issued. Adequate notice shall include information on the quality and quantity of effluent introduced into the facility and any anticipated impact of the change on the quantity or quality of effluent or reclaimed water to be discharged from the facility. [62-620.625(2)] 10. The permit shall be revised, or alternatively, revoked and reissued in accordance with the provisions contained in Rules 62-620.325 and 62-620.345 F.A.C., if applicable, or to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Clean Water Act (the Act), as amended, if the effluent standards, limitations, or water quality standards so issued or approved: a. Contains different conditions or is otherwise more stringent than any condition in the permit/or; b. Controls any pollutant not addressed in the permit. c. The permit as revised or reissued under this paragraph shall contain any other requirements then applicable. 11. The permit may be reopened to adjust effluent limitations or monitoring requirements should future Water Quality Based Effluent Limitation determinations, water quality studies, DEP approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement. X. GENERAL CONDITIONS 1. The terms, conditions, requirements, limitations, and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, Florida Statutes. Any permit noncompliance 45 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 constitutes a violation of Chapter 403, Florida Statutes, and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision. [62-620.610(1)] 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviations from the approved drawings, exhibits, specifications, or conditions of this permit constitute grounds for revocation and enforcement action by the Department. [62-620.610(2)] 3. As provided in subsection 403.087(7), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit. [62-620.610(3)] 4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. [62-620.610(4)] 5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. [62-620.610(5)] 6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit. [62-620.610(6)] 7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit. [62-620.610(7)] 8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. [62-620.610(8)] 9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department and authorized EPA personnel, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to: 46 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 a. Enter upon the permittee's premises where a regulated facility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy any records that shall be kept under the conditions of this permit; c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and d. Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or Department rules. [62-620.610(9)] 10. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, F.S., or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of Civil Procedure and applicable evidentiary rules. [62-620.610(10)] 11. When requested by the Department, the permittee shall within a reasonable time provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department. [62-620.610(11)] 12. Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. [62-620.610(12)] 13. The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in accordance with Rule 62-4.052, F.A.C. [62-620.610(13)] 14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the Department. [62-620.610(14)] 15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility or activity and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment. [62- 620.610(15)] 16. The permittee shall apply for a revision to the Department permit in accordance with Rules 62- 620.300, F.A.C., and the Department of Environmental Protection Guide to Permitting 47 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62-620.325(2), F.A.C., for minor modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300, F.A.C. [62-620.610(16)] 17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information: a. A description of the anticipated noncompliance; b. The period of the anticipated noncompliance, including dates and times; and c. Steps being taken to prevent future occurrence of the noncompliance. [62-620.610(17)] 18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246 and Chapters 62-160, 62-601, and 62-610, F.A.C., and 40 CFR 136, as appropriate. a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), or as specified elsewhere in the permit. b. If the permittee monitors any contaminant more frequently than required by the permit, using Department approved test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit. d. Except as specifically provided in Rule 62-160.300, F.A.C., any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health Environmental Laboratory Certification Program (DOH ELCP). Such certification shall be for the matrix, test method and analyte(s) being measured to comply with this permit. For domestic wastewater facilities, testing for parameters listed in Rule 62- 160.300(4), F.A.C., shall be conducted under the direction of a certified operator. e. Field activities including on-site tests and sample collection shall follow the applicable standard operating procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160, F.A.C. f. Alternate field procedures and laboratory methods may be used where they have been approved in accordance with Rules 62-160.220, and 62-160.330, F.A.C. [62-620.610(18)] 19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date. [62-620.610(19)] 48 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 20. The permittee shall report to the Department's Northeast District Office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain: a description of the noncompliance and its cause; the period of noncompliance including exact dates and time, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. a. The following shall be included as information which must be reported within 24 hours under this condition: (1) Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit limitation or results in an unpermitted discharge, (2) Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit, (3) Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice, and (4) Any unauthorized discharge to surface or ground waters. b. Oral reports as required by this subsection shall be provided as follows: (1) For unauthorized releases or spills of treated or untreated wastewater reported pursuant to subparagraph (a)4. that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519, as soon as practical, but no later than 24 hours from the time the permittee becomes aware of the discharge. The permittee, to the extent known, shall provide the following information to the State Warning Point: (a) Name, address, and telephone number of person reporting; (b) Name, address, and telephone number of permittee or responsible person for the discharge; (c) Date and time of the discharge and status of discharge (ongoing or ceased); (d) Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic wastewater); (e) Estimated amount of the discharge; (f) Location or address of the discharge; (g) Source and cause of the discharge; (h) Whether the discharge was contained on-site, and cleanup actions taken to date; (i) Description of area affected by the discharge, including name of water body affected, if any; and (j) Other persons or agencies contacted. (2) Oral reports, not otherwise required to be provided pursuant to subparagraph b.1 above, shall be provided to the Department's Northeast District Office within 24 hours from the time the permittee becomes aware of the circumstances. c. If the oral report has been received within 24 hours, the noncompliance has been corrected, and the noncompliance did not endanger health or the environment, the Department's Northeast District Office shall waive the written report. [62-620.610(20)] 21. The permittee shall report all instances of noncompliance not reported under Permit Conditions IX.17., IX.18., or IX.19. of this permit at the time monitoring reports are submitted. This report 49 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 shall contain the same information required by Permit Condition IX.20. of this permit. [62- 620.610(21)] 22. Bypass Provisions. a. "Bypass" means the intentional diversion of waste streams from any portion of a treatment works. b. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Permit Condition IX.22.c. of this permit. c. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in Permit Condition IX.20. of this permit. A notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. d. The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in Permit Condition IX.22.b.(1) through (3) of this permit. e. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Permit Condition IX.22.b. through d. of this permit. [62-620.610(22)] 23. Upset Provisions. a. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based effluent limitations because of factors beyond the reasonable control of the permittee. (1) An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, careless or improper operation. (2) An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of upset provisions of Rule 62-620.610, F.A.C., are met. b. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that: 50 PERMITTEE: City of Atlantic Beach PERMIT NUMBER: FL0038776 – 015 (Major) FACILITY: Atlantic Beach WWTF EXPIRATION DATE: May 4, 2019 (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in Permit Condition IX.20. of this permit; and (4) The permittee complied with any remedial measures required under Permit Condition IX.5. of this permit. c. In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the permittee. d. Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review. [62-620.610(23)] Executed in Jacksonville, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Thomas G. Kallemeyn Water Program Administrator DATE: November 7, 2014 51 AMENDMENT TO THE FACT SHEET AT THE TIME OF PERMIT REVISON ISSUANCE FOR STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERMIT 1) GENERAL INFORMATION: PERMITTEE: City of Atlantic Beach 1100 Sandpiper Lane Atlantic Beach, Florida 32233 RESPONSIBLE AUTHORITY: Nelson Van Liere Interim City Manager (904) 247-5806 FACILITY NAME: Atlantic Beach Wastewater Treatment Facility FACILITY LOCATION: 1100 Sandpiper Lane Atlantic Beach, Florida 32233 PERMIT NUMBER: FL0038776 PA Number FL0038776-016 PERMIT PREPARED BY: Florida Department of Environmental Protection – Northeast District Office NPDES – Permitting Section/Water Facilities PERMIT WRITER: Joseph C. Emery, P.E. PERMIT REVIEWER: D. Anh Vo, P.E. & Jeff S. Martin, P.E. I. Contents of the Permit Revision This permit revision includes a repair/renovation of the existing Outfall D – 001 for the discharge to the St. Johns River (Class III marine waters, WBID 2213A) at Sherman Point. The renovation includes removal of approximately 300 linear feet of two 12-inch and 24-inch ductile iron pipes from the elevated wooden outfall structure and replacement them with a single 30-inch diameter HDPE or PVC pipe in a subaqueous installation. Discharge from the 30-inch pipe shall be placed at the same location and the same orientation the existing point of discharge (i.e. at the offshore end, the pipelines turn downwards to reach the bottom at elevation -8ft MSL, then turn horizontal and terminate). The effluent shall be discharged from the open end pipe, directed horizontal towards mid-river, i.e. approximately perpendicular to the river axis and the principal current direction. II. Discussions and Justifications • Final treated effluent from three Beaches WWTFs (Atlantic Beach WWTF, Jacksonville Beach WWTF and Neptune Beach WWTF) discharges to St. John River at Sherman Point via common 24-inch diameter ductile iron force main. In addition to the common 24-inch diameter FM, City of Atlantic Beach owns a separate 12-inch diameter effluent pipe (the old Buccaneer WWTF Outfall) which is adjacent to the common 24-inch diameter ductile iron pipe. • Outfall Configuration: The new outfall shall be constructed to match the existing (permitted) outfall. Discharge from the 30-inch pipe shall be placed at the same location and the same orientation the existing point of discharge (i.e. at the offshore end, the pipelines turn downwards to reach the bottom at elevation -8ft MSL, then turn horizontal and terminate). The effluent shall be discharge from the open end pipe, directed horizontal towards mid-river, i.e. approximately perpendicular to the river axis and the principal current direction. o Average Depth of the Pipe in Water Column: o Changes in Hydraulic Profiles of the Discharge: Since the total length of the Outfall is approximate 10 mile from Jacksonville Beach WWTF or 4 mile from Atlantic Beach WWTF and the new pipe installation is approximate 300 feet, the new pipe replacement project represents only a small portion of the outfall length (0.56% from Jacksonville Beach or 1.45% from Atlantic Beach). Therefore, there are little changes in hydraulic profiles of the discharge (i.e. changes in discharge velocity, friction loss or head loss are small). • Manatees Attraction: Manatees have not been noticed around the outfall area; changes to the discharge pipe size from the current 24-inch and 12-inch pipes to a single 30-inch pipe would not change conditions that attract manatees. Atlantic Beach WWTF FL0038776 – 016 Page 3 of 36 AMENDMENT TO THE FACT SHEET AT THE TIME OF FINAL PERMIT ISSUANCE FOR STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERMIT 1) GENERAL INFORMATION: PERMITTEE: City of Atlantic Beach 1100 Sandpiper Lane Atlantic Beach, Florida 32233 RESPONSIBLE AUTHORITY: Nelson Van Liere Interim City Manager (904) 247-5806 FACILITY NAME: Atlantic Beach Wastewater Treatment Facility FACILITY LOCATION: 1100 Sandpiper Lane Atlantic Beach, Florida 32233 PERMIT NUMBER: FL0038776 PERMIT PREPARED BY: Florida Department of Environmental Protection – Northeast District Office NPDES – Permitting Section/Water Facilities PERMIT WRITER: Brian Kirts, P.E. PERMIT REVIEWER: D. Anh Vo, P.E. I. CHANGES TO FINAL PERMIT REVISION FROM THE PREVIOUS DRAFT PERMIT: • An Administrative Order was created giving the facility time to meet the Total Phosphorus Loading Allocation to the St. Johns River. • The pH monitoring location at D-001 and D-002 has been changed to EFA-4. • In the Compliance Schedule, outlined in Section VI of the permit, has been modified. The effluent pipe is now to be replaced rather than repaired. Design plans are required to be submitted to the Department for review by May 5, 2014. • The Total Recoverable Mercury sampling requirement in Section VI of the permit has been removed. • Total Recoverable Mercury has been added to the list of parameters which are required to be sampled at D-001. The monitoring frequency will be annually. II. PUBLIC NOTICE REQUIREMENTS The Notice of Draft Permit was issued on December 13, 2013. Notice of Intent was issued on January 16, 2014 and was published on February 6, 2014 in the Financial News and Daily Record. No comment from the public was received. Atlantic Beach WWTF FL0038776 – 016 Page 4 of 36 III. EPA CONCURRENCE: Draft permit documents were sent to EPA – Region IV on December 13, 2013. On January 14, 2014, the Department was notified that EPA Region IV was not going to review these documents and to go ahead and issue the Notice of Intent. Atlantic Beach WWTF FL0038776 – 016 Page 5 of 36 FACT SHEET FOR STATE OF FLORIDA DOMESTIC WASTEWATER FACILITY PERMIT 1) GENERAL INFORMATION: PERMITTEE: City of Atlantic Beach 1100 Sandpiper Lane Atlantic Beach, Florida 32233 RESPONSIBLE AUTHORITY: Nelson Van Liere Interim City Manager (904) 247-5806 FACILITY NAME: Atlantic Beach Wastewater Treatment Facility FACILITY LOCATION: 1100 Sandpiper Lane Atlantic Beach, Florida 32233 PERMIT NUMBER: FL0038776 PERMIT PREPARED BY: Florida Department of Environmental Protection – Northeast District Office NPDES – Permitting Section/Water Facilities PERMIT WRITER: Brian Kirts, P.E. PERMIT REVIEWER: D. Anh Vo, P.E. 2) SUMMARY OF APPLICATION a) Chronology of Application Application Submittal Date: November 5, 2013 b) Type of Facility Domestic Wastewater Treatment Plant Publicly-owned treatment works Standard Industrial Classification Code: 4952 c) Facility Capacity i) Treatment Capacity: Atlantic Beach WWTF FL0038776 – 016 Page 6 of 36 Design Capacity Permitted Capacity Existing 3.50 MGD AADF 3.50 MGD AADF Proposed Increase 0.00 MGD AADF 0.00 MGD AADF Proposed Total 3.50 MGD AADF 3.50 MGD AADF ii) Disposal and Reuse of Effluent: Surface Water Discharge Reuse of Reclaimed Water Design Capacity Permitted Capacity Design Capacity Permitted Capacity Existing 4.90 MGD 3.00 MGD 0.5 MGD 0.5 MGD Proposed Increase 0.00 MGD 0.50 MGD 0.00 MGD 0.00 MGD Proposed Total 4.90 MGD 3.50 MGD 0.5 MGD 0.5 MGD The facility is also authorized to utilize a back-up surface water discharge to Pablo Creek ultimately reaching the Intracoastal. This discharge location is permitted to receive 3.00 MGD based on Annual Average Daily Flow. d) Description of the Facility: To operate an existing 3.50 million gallon per day (MGD) annual average daily flow (AADF) permitted capacity domestic wastewater treatment facility (WWTF) that consists of the following: • Six static wedge wire screens (each with a design capacity of 0.8 MGD); • Two 1.0 MGD design capacity static screens with clear openings of 0.060 inches: • Two identical BNR treatment units with alternating anoxic/aerobic/anoxic/aerobic stages. The conversion includes the addition of baffle walls, mixers, fine bubble diffusers, and re-circulating pumps. The first anoxic zone consists of one 192,000-gallon compartment. The compartment is equipped with a 7.5 horsepower floating mixer and measures 36 feet by 42.5 feet by 16.9 feet (length by width by height). The first aerobic zone is 362,000 gallons, measures 68 feet by 42.5 feet by 16.75 feet, and is equipped with fine bubble diffusion. The second anoxic zone consists of three compartments and has a total volume of 192,000 gallons. Each compartment is equipped with a vertical turbine mixer. Two of the zones measure 20.3 feet by 13.0 feet by 6.6 feet and the other zone measures 20.3 feet by14.5 feet by 16.6 feet. The second aerobic zone is 8400 gallons, measures 42.5 feet by 12 feet by 16.5 feet, and is equipped with fine bubble diffusion; • Two 70-foot diameter secondary clarifiers; • A 6.30 MGD peak hourly flow (PHF) design-capacity, cloth-disc filtration system. The system includes two filtration units with six-disc filters per unit; • Disinfection will be handled by two 39,622-gallon chlorine contact chambers followed by two dechlorination chambers (17,340 gallons total). Atlantic Beach WWTF FL0038776 – 016 Page 7 of 36 e) Description of Effluent: (as reported by the applicant) i) Surface Water Discharge: City of Atlantic Beach is authorized to discharge to Lower St. Johns River (WBID 2213A) through Outfall D-001 and to Pablo Creek (2205C) as a back-up discharge through Outfall D-002. Outfall Serial Number D-001 (St. Johns River – Class III Marine) - See attached map on page 13 of this document. • Annual Average Daily Flow (MGD): 1.89 (July 2013) • pH Range (Standard Units): 6.2 – 8.2 • Pollutants which are present in significant quantities or which are subject to effluent or reclaimed water limitations are as follows: Reported Data Parameters Annual Average Lowest Monthly Average Highest Monthly Average Flow (MGD) 1.89 1.25 2.22 pH (s.u.) - 6.2 8.2 Fecal Coliform (no./100 ml) 24 - >156 CBOD5 (mg/L) 3.45 1.0 7.0 Total Residual Chlorine (mg/L) (after dechlorination) - 0.00 0.01 Total Suspended Solids (mg/L) 4.50 2.00 8.00 Total Nitrogen as N (mg/L) 21.0 3.00 26.0 Dissolved Oxygen (mg/L) - 4.83 6.65 Copper, Total Recoverable (ug/L) 3.90 - 16.7 Cyanide, Total Recoverable (ug/L) 12.0 • Results of three sets of expanded effluent testing data were provided. (Item 14, page 15, 16 and 17 of Form 2A). The data shows: o Metals: Lead, thallium, cadmium, silver, chromium, zinc, beryllium, nickel, selenium and arsenic were in compliance with the Florida Water Quality Standards for Class III marine water. Maximum concentration of copper was greater than 3.7 µg/L which exceeds the water quality criterion for copper in marine waters. Total recoverable cyanide exceeds the marine water quality standard. The laboratory method used to analyze mercury has a method detection limit above the surface water quality criteria for marine waters. Therefore, a determination could not be made if the facilities effluent has acceptable concentrations for mercury. Because of this, annual sampling has been added to Atlantic Beach WWTF FL0038776 – 016 Page 8 of 36 the facility’s permit to test for mercury using a method having a detection limit less than the Florida Water Quality Standard for marine waters. o Volatile Organic Compounds and other Organic Compounds: The data show that all VOC and other data were either below the detection limits or were in compliance with the water quality standards (WQS). (1) Outfall Serial Number D-002 (Intracoastal Waterway at Pablo Creek – Extreme Wet Weather Back-Up Discharge) • Annual Average Daily Flow (MGD): 1.57 • pH Range (Standard Units): 6.5 – 7.6 • Pollutants which are present in significant quantities or which are subject to effluent or reclaimed water limitations are as follows (meeting WQ standards for D-002)): Reported Data Parameters Annual Average Lowest Monthly Average Highest Monthly Average Flow (MGD) 0.19 0.00 1.08 pH (s.u.) - 6.5 7.6 Fecal Coliform (no./100 ml) 5 - 25.0 CBOD5 (mg/L) 3.5 1.0 4.9 Total Residual Chlorine (mg/L) (after dechlorination) 0.01 0.00 0.01 Total Suspended Solids (mg/L) - 5.00 5.00 Total Nitrogen (mg/L) - 4.6 8.2 Dissolved Oxygen (mg/L) - 5.1 5.48 Cyanide, Total Recoverable (ug/L) - <3.0 <4.8 Copper, Total Recoverable (ug/L) - 1.9 3.2 ii) Ground Water Discharge: A 0.5 MGD MADF permitted capacity slow-rate public access reuse system. The reuse system has yet to be constructed. This future reuse system includes the following major user(s) of reclaimed water (i.e., using 0.1 MGD or more) and general service area(s): User Name Acreage (Acres) Capacity (MGD) Selva Marina Country Club Golf Course 146.0 0.37 Residential Development - 0.109 Atlantic Beach WWTF FL0038776 – 016 Page 9 of 36 Common Areas/Medians/Right-of-Ways - 0.021 Total 0.5 3) FACILITY PERFORMANCE - FILE REVIEW: a) Compliance History of the Facility: i) Inspections conducted in 2011, 2012, and 2013 found the facility to be in compliance with their operating permit. ii) The Total Maximum Daily Load Report dated in June 2008 established Total Phosphorus starting point concentrations for all point sources in the Northeast District. This document permitted a Total Phosphorus loading allocation of 16,060lbs/yr for the Atlantic Beach region. The Department has been informed by Atlantic Beach an interim limit and time will be needed to achieve this loading limit. Based on effluent data the Department approves this request. An Administrative Order (AO 171 NE) accompanies the renewal Permit establishing and interim limit of 35,000 lbs/yr. A schedule to return to compliance is included within the Order. iii) The Third-Year inspection was conducted, and samples were collected on January 28th to February 6th of 2013 for the effluent discharge through Outfall D-001. The result is summarized following: (1) Results of the Water Chemistry: • Total residual chlorine was not detected in the bioassay sample collected on January 14, 2013, in the laboratory. The total ammonia was not measured in the bioassay samples due to meter failure. The total ammonia concentration in the grab sample collected and preserved for chemical analysis was 0.048 mg N/L. Based on the pH, salinity, and temperature of the effluent as collected, the calculated unionized ammonia concentration was < 0.02 mg/L. But DEP has no marine water quality standard. • The effluent sample inspection results for copper, nickel, iron, silver and zinc were detected in the effluent at levels that comply with Class III Marine Water Quality Criteria (62-302.530, F.A.C) and/or permitted limits. Arsenic and chromium III, were detected between the laboratory method detection limits and practical quantitation limits. • The dissolved oxygen concentration (9.1 mg/L) in the effluent sample collected in February of 2013, were in compliance with the Class III Marine surface water criterion (≥ 4.0). The effluent’s carbonaceous biochemical oxygen demand ((CBOD) 2.2 mg/L) was in compliance with the permit limit of 60mg/L. (2) Toxicity Test Result: The effluent samples collected from the EFD‐1 NPDES sampling point for this facility on January and February of 2013, were determined to not be chronically toxic to both test species during the chronic definitive and screening bioassays. Atlantic Beach WWTF FL0038776 – 016 Page 10 of 36 (3) Algal Growth Potential: The effluent AGP result was greater than the "problem" threshold for marine receiving waters; the presumptive evidence suggests that nutrient-enrichment would also have been demonstrated with the saltwater species. b) Effluent Characteristics: The concentration of pollutants in the discharge was reported in the discharge monitoring reported (DMR). Table 1: Flow to the outfall D-001 (St. Johns River) Parameter Units Max/ Min Reported Value Statistical Basis Flow (D-001) MGD Max 2.22 Monthly Average Daily Flow Flow, Total Volume Mgal/mth Max 68.82 Average Monthly Total BOD, Carbonaceous 5 day, 20C mg/L Max 7.00 Monthly Average Solids, Total Suspended mg/L Max 8.00 Monthly Average pH s.u. Range 6.2-8.2 Range Coliform, Fecal #/100mL Max >156 Monthly Average Enterococci #/100mL Max 68 Maximum Monthly Geometric Mean- Chlorine, Total Residual (For Disinfection) mg/L Min 0.4 Minimum Monthly Maximum- Chlorine, Total Residual (For Dechlorination) mg/L Max 0.01 Single Sample Maximum Oxygen, Dissolved (DO) mg/L Min 4.83 Single Sample Min Copper, Total Recoverable µg/L Max 16.7 Single Sample Max Cyanide, Total (as CN) µg/L Max 12.0 Single Sample Max Nitrogen, Total mg/L Max 26.0 Monthly Average Nitrite plus Nitrate, Total 1 det. (as N) mg/L Max 24.0 Quarterly Average Nitrogen, Ammonia, Total (as N) mg/L Max 6.1 Quarterly Average Nitrogen, Kjeldahl, Total (as N) mg/L Max 6.7 Quarterly Average Phosphorus, Total (as P) mg/L Max 4.00 Quarterly Average Phosphate, Ortho (as P) mg/L Max 3.8 Quarterly Average The table above complied from DMR Data from July 2008 to July 2013. Table 2: Flow to the outfall D-002 (Pablo Creek) Parameter Units Max/ Min Reported Value Statistical Basis Flow (D-002) MGD Max 1.08 Monthly Average Daily Flow Flow, Total Volume Mgal/mth Max 33.48 Average Monthly Total BOD, Carbonaceous 5 day, 20C mg/L Max 4.9 Monthly Average Solids, Total Suspended mg/L Max 5.00 Monthly Average Nitrogen, Total mg/L Max 8.2 Monthly Average Copper, Total Recoverable µg/L Max 3.2 Single Sample Max Cyanide, Total (as CN) µg/L Max 4.8 Single Sample Max Coliform, Fecal #/100mL Max 25 Monthly Average Atlantic Beach WWTF FL0038776 – 016 Page 11 of 36 pH s.u. Range 6.6-7.6 Range The table above complied from DMR Data from July 2008 to July 2013. c) Receiving Water Characteristics i) St. Johns River • The final treated effluent from the City of Atlantic Beach WWTF is discharged to the St. Johns River on the Lower St. Johns River Basin (Class III – Predominately Marine Water), Water-body ID# 2213A (St. Johns River above the mouth). The point of discharge is located approximately at latitude 30o 22' 57.9" North and longitude 81o 26' 27.2" West. The water segment is TMDL listed water (Group II) of Lower St. Johns River. • Impairments: WBID 2213A (Lower St. Johns River/St. Johns River Above Mouth) EPA 303 (d) List (September 2009 Version) FDEP 303 (d) List Parameters of Impaired Water Copper*, Iron, Chlorophyll A and Mercury (based on fish consumption advisory) Mercury (based on fish consumption advisory) Note(*): EPA – Region is reviewing the proposal of delisting copper. The approval is expected within 30 days. ii) Pablo Creek to the Intracoastal Waterway • The effluent is authorized to utilize a back up discharge to Pablo Creek (Class III Marine Water) which ultimately flows to Intracoastal Waterway; water-body ID # is 2205C. The water segment is TMDL listed water (Group II) of Lower St. Johns River. • Impairments WBID 2205C EPA 303 (d) List (June 11, 2003 Version) FDEP 303 (d) List (Secretarial Order dated May 27, 2004) Parameters of Impaired Water Mercury (based on fish consumption advisory) Mercury (based on fish consumption advisory) 4) CHANGES TO PERMIT LIMITATIONS a) For the discharge to St. Johns River at Outfall D-001: • Establish mixing zone limitations for copper and cyanide (both total recoverable). • Mass load for total phosphorus (as P) • Establishing loading limitations for total phosphorus and total nitrogen Atlantic Beach WWTF FL0038776 – 016 Page 12 of 36 • Ambient sampling locations at upstream, downstream and background locations. These results will now be required to be reported on the monthly discharge monitoring report. • Total Recoverable Mercury is required to be sampled at sample location EFD-1 before discharge to D-001. • Total Nitrogen effluent limitations at discharge location R-001 in lieu of having groundwater monitoring requirements. • Discharge Capacity for R-001 has been reduced to 0.95MGD (daily maximum flow) for Phase 1 of the project. Because of this reduction the maximum hourly flow rate has been reduced as well. b) For the discharge to Pablo Creek at Outfall D-002: • No changes have been made c) Reuse capacity for Phase I of reuse construction changes from 1.00MGD to 0.95MGD Daily Maximum Flow. 5) BASIS FOR EFFLUENT AND RECLAIMED WATER LIMITS AND MONITORING REQUIREMENTS (INCLUDING EFFLUENT MONITORING REQUIREMENTS) a) Surface Water Disposal (D-001) i) Basis for Effluent and Monitoring Requirements - Outfall D-001 (Class III- Marine water): The following table provides the basis for Part I. A.1 provisions. Parameter Units Max/ Min Limit Statistical Basis Rationale Flow (D-001) MGD Max 3.50 Annual Average 62-600.400(3)(b) FAC Max Report Monthly Average 62-600.400(3)(b) FAC BOD, Carbonaceous 5 day, 20C mg/L Max 20.0 Annual Average 62-600.420(1)(a) &/or .740(1)(b)1.a. FAC Max 25.0 Monthly Average 62-600.740(1)(b)1.b. FAC Max 40.0 Weekly Average 62-600.740(1)(b)1.c. FAC Max 60.0 Single Sample 62-600.740(1)(b)1.d. FAC CBOD, % Removal, 5-day percent Min 85 Monthly Average 62-620.100(3)(g), FAC Solids, Total Suspended mg/L Max 20.0 Annual Average 62-600.420(1)(a) &/or .740(1)(b)1.a. FAC Max 30.0 Monthly Average 62-600.740(1)(b)1.b. FAC Max 40.0 Weekly Average 62-600.740(1)(b)1.c. FAC Max 60.0 Single Sample 62-600.740(1)(b)1.d. FAC Solids, Total Suspended percent Min 85 Monthly Average 62-620.100(3)(g), FAC pH s.u. Min 6.5 Single Sample 62-600.445 FAC Max 8.5 Single Sample 62-600.445 FAC Coliform, Fecal #/100mL Max 200 Annual Average 62-600.440(4)(c)1. FAC Atlantic Beach WWTF FL0038776 – 016 Page 13 of 36 Parameter Units Max/ Min Limit Statistical Basis Rationale Max 200 Monthly Geometric Mean 62-600.440(4)(c)2. FAC Max 800 Single Sample 62-600.440(4)(c)4. FAC Enterococci #/100mL Max 35.0 Monthly Geometric Mean 62-600,62-621,62-302 FAC Chlorine, Total Residual (For Disinfection) mg/L Min 0.5 Single Sample 62-600.440(4)(b) FAC Chlorine, Total Residual (For Dechlorination) mg/L Max 0.01 Single Sample 62-600.440(2) & 62- 302.530(18) FAC Oxygen, Dissolved (DO) mg/L Min 5.0 Single Sample 62-302 FAC Copper, Total Recoverable µg/L Max 16.0 Single Sample 62-302 FAC; 62-4 mixing zone Cyanide, Total (as CN) µg/L Max 7.0 Single Sample 62-302 FAC; 62-4 mixing zone Nitrogen, Total mg/L Max Report Annual Average 62-302 FAC Max Report Monthly Average 62-302 FAC Max Report Single Sample 62-302 FAC Phosphorus, Total (as P) mg/L Max Report Annual Average 62-302 FAC Max Report Monthly Average 62-302 FAC Max Report Single Sample 62-302 FAC Nitrogen, Kjeldahl, Total (as N) mg/L Max Report Single Sample 62-302 FAC Nitrite plus Nitrate, Total 1 det. (as N) mg/L Max Report Single Sample 62-302 FAC Nitrogen, Ammonia, Total (as N) mg/L Max Report Single Sample 62-302 FAC Phosphate, Ortho (as P) mg/L Max Report Single Sample 62-302 FAC Chronic Whole Effluent Toxicity, 7-Day IC25 (Ceriodaphnia dubia) percent Min 100 Single Sample 62-302.530(20) & (61) FAC and 62-4.241(1)(b) Chronic Whole Effluent Toxicity, 7-Day IC25 (Pimephales promelas) percent Min 100 Single Sample 62-302.530(20) & (61) FAC and 62-4.241(1)(b) Mercury, Total Recoverable ug/L Max 0.025 Single Sample 62-302 FAC ii) Discussion on the limitations: The limits in this permit are based in part on information received in the application, the wastewater characterization reported on the DMR, the results of Third-Year inspection and the receiving water body characterization. The effluent constituents in the application were evaluated on a technology- and water quality-basis. The limits necessary to meet the rules and regulations of the State of Florida were determined and included in this permit. The Department does not develop effluent limits for all pollutants that may be reported on the application as present in the effluent. Some pollutants are not treatable at the concentrations reported, are not controllable at the source, are not listed in regulation, and do not have a Atlantic Beach WWTF FL0038776 – 016 Page 14 of 36 reasonable potential to cause a water quality violation. Effluent limits are not always developed for pollutants that may be in the discharge but not reported as present in the application. In those circumstances the permit does not authorize discharge of the non- reported pollutants. Effluent discharge conditions may change from the conditions reported in the permit application. If significant changes occur in any constituent, as described in 40 CFR 122.42(a), the Permittee is required to notify the Department. The Permittee may be in violation of the permit until the permit is modified to reflect additional discharge of pollutants (1) Technology-Based Effluent Limitations (TBELs): The City of Atlantic Beach WWTF, a municipal wastewater treatment facility, is a category of discharger for which technology-based effluent limits have been promulgated by federal and state regulations. These regulations are performance standards that constitute all known available and reasonable assurance of prevention, control, and treatment for municipal wastewater. The limitations and monitoring frequencies of CBOD5, TSS, pH, TRC (for both disinfection and dechlorination), and fecal coliform have been developed to comply with the technology-based standards of the Clean Water Act. (2) Water Quality Based Effluent Limitation (WQBEL) In order to protect existing water quality and preserve the designated beneficial uses of Florida's surface waters, the discharge permits shall be conditioned such that the discharge will meet established Surface Water Quality Standards. The Florida State Surface Water Quality Standards (Chapter 62-302, FAC) is a state regulation designed to protect the beneficial uses of the surface waters of the state. Effluent limitations are based on a Level I WQBEL developed by District staff and available in the District permit files. (a) Measurement to Protect 303(d) List Impaired Water The 2009 edition of the State’s 303(d) List indicates that the segment of Lower St. Johns River to which the City of Atlantic Beach facility discharges (waterbody ID 2213A) is impaired. The listed parameters are iron, chlorophyll A and mercury (based on fish consumption advisory). Copper has been submitted to EPA – Region IV for deleting from the 303(d) List. Chlorophyll A is being handled by the TMDL loading allocation for Total Nitrogen. (i) Mercury: Mercury (based on fish consumption advisory) is listed. Two sample results of the effluent going to the St. Johns River were obtained using Testing Method EPA 1631. Both sample results (0.0008ug/L and 0.0005ug/L) were below the Class III Marine Water Quality Standard (0.025ug/L). The facility representatives have notified the Department that a third sample has been obtained. Results will be provided as soon as they are received. With the two effluent results being below the surface water criteria for this water body the sampling frequency for Total Recoverable Mercury will be on an annual basis. (ii) Iron: Results of the Department Sampling Inspection on November 1, 1999, July 17, 2006, and January 28, 2013, show that concentrations of iron in the collected samples, respectively, were 41 µg/L, 38 µg/L and 30 ug/L which were below the water quality criterion for iron of 300 ug/L [Rule 62-302.530(38), FAC)]. There Atlantic Beach WWTF FL0038776 – 016 Page 15 of 36 are no significant industrial wastes distributed to the facility. No evidence shows that the discharge would affect the iron level of the receiving water body. Therefore, the permittee is not required to treat/remove/monitor for the parameter. (iii) Chlorophyll A: Nutrient impairment is addressed under the TMDL for the Lower St. Johns River (adopted by the Department on June 3, 2008). The nutrient/TN allocation for the facility listed in the Lower St. Johns River Basin Management Action Plan (BMAP) adopted on October 10, 2008. Details of the wasteload allocation for TN are discussed in item 5.a.2.f below. (b) Nickel, Lead, Silver and Zinc: The expanded effluent results presented in the application and third year inspection sample results illustrate that these parameters are in compliance with Class III Marine Surface Water Quality Standards. The Department has reasonable assurance that effluent concentrations for these parameters will not impair the receiving water body during the next permit cycle. Therefore regular monitoring will not be required. (c) CBOD5 and TSS: The discharge monitoring reports over the past five years indicated that the effluent for these parameters is consistently meeting surface water quality standards. (d) Fecal Coliform: The facility has experienced three exceedances with Fecal Coliform during the last permit cycle. Since the new BNR facility has been put into service () Fecal Coliform permit effluent limitations have been met. (e) Enterococci: There have been two exceedances for enterococci during the past permit cycle. Being that the effluent concentrations for enterococci have met permit limitations since November 2009, the Department has reasonable assurance that these limitations will continue to be met during the new permit cycle. (f ) pH: The effluent has exceeded permit limits for pH twice during the past five years. There have been no exceedances since November of 2009. With this observation, the Department has reasonable assurance that the pH effluent limitations will be met. (g) Total Residual Chlorine: The facility experienced one effluent exceedance for Total Residual Chlorine during the previous permit cycle (September 2008). No further exceedances for this parameter were reported during the permit cycle. Furthermore, there were no exceedances for dechlorinated effluent during the permit cycle. (h) Mixing Zone: The effluent from three Beaches’ wastewater facilities (City of Jacksonville Beach WWTF, Atlantic Beach WWTF and Neptune Beach WWTF) has been combined and discharges through a 24-inch diameter outfall pipe (D-001). The Beaches have been required to monitor for concentrations of copper and cyanide in the effluent before Atlantic Beach WWTF FL0038776 – 016 Page 16 of 36 discharge, and compared the results with the water quality standards (WQS) of 3.7 µg/L and 1.0 µg/L, respectively. Exceedances of WQS in surface water discharge are not authorized, except with a localized area defined and approved as a mixing zone. The Department has mixing zone regulations in the water quality standards (Chapter 62-4, FAC), which requires that a mixing zone “not have a reasonable potential to cause a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the waterbody, result in damage to the ecosystem, or adversely affect public health as determined by the department”. (i) Mixing Zones have been established for copper (total recoverable) and cyanide (total recoverable). Critical Values Effluent and Ambient input to the Model (CORMIX 1.0 and 3.0) Effluent Ambient Outfall Structure Two pipes 24 inches and 12 inches approximate 18 inches in parallel discharging at a depth 8 feet below mean of sea level Flow Rate 9.5 MGD AADF St. Johns River Density 996.5 kg/m3 (min.) 1000.0 kg/m3 (max.) 1009 kg/m3 (10th percentile) 1020.0 kg/m3 (90th percentile) Density Gradient - - 0.0 kg/m3/m (min.) 5.5 kg/m3/m (max.) Velocity 2.0 ft/s 1.3 ft/s (downstream) Copper 8.36 µg/L (composite – Average) 14.70µg/L (composite – 90th perc.) 18.10 µg/L (composite – 95th perc) 2.5µg/L Cyanide 3.91 µg/L (composite – Average) 6.46 µg/L (composite – 90th perc.) 7.55 µg/L (composite – 95th perc) 0.5µg/L (background) Where: Ce = Effluent/discharge concentration Ca = Ambient/background concentration Cm = concentration of the constituent in the mixing area Design target dilutions are calculated such that provide minimum dilutions to allow the discharge meet the water quality standards. In accordance with Chapter 62-303, FAC, a waterbody is considered impaired if more than 10% of samples do not meet the WQS. Therefore, the target dilution values are selected such that the percent of time the mixed Atlantic Beach WWTF FL0038776 – 016 Page 17 of 36 concentration is less than the WQS is greater than 90%. Results of calculations are summary in the table below: Copper Cyanide Dilution Factor, (S) % of time Concentration less than 3.7 µg/L Dilution Factor, (S) % of time Concentration less than 1.0 µg/L 6 83.0 8 72.0 8 89.0 10 87.0 10 91.7 12 89.0 12 91.9 13 92.0 16 92.6 16 97.0 20 93.0 18 99.0 30 93.7 20 100.0 Mixing Area: CORMIX is used for the analysis, prediction the mixing area. • For Copper: o The mixing zone consists of the 36,379 m2-polygonal embayment and a 15,848 m2 -quadrilateral strip (28 m by 566 m) adjoining the polygonal embayment. The total mixing zone shall be 52,227 m2, centered over the end-of- pipe of the Outfall D-001 perpendicular to the shore and extends approximately 256 meters up-river and 310 meters down-river from the outfall. Within the mixing zone, a minimum dilution ration of 9:1 is achieved at critical/worse care hydrologic scenarios. o Coordinates of the Vertices of Mixing Zone Polygon for Copper Point Latitude Longitude Outfall D-001 30° 22´ 55.24´´ N 81° 26´ 22.68´´ W SW 30° 22´ 50.38´´ N 81° 26´ 32.457´´ W NE 30° 23´ 02.45´´ N 81° 26´ 16.07´´ W B 30° 22´ 49.70´´ N 81° 26´ 31.72´´ W C 30° 23´ 01.45´´ N 81° 26´ 15.45´´ W D 30° 22´ 58.46´´ N 81° 26´ 16.91´´ W E 30° 22´ 56.07´´ N 81° 26´ 20.22´´ W F 30° 22´ 52.95´´ N 81° 26´ 20.67´´ W G 30° 22´ 49.66´´ N 81° 26´ 36.40´´ W SWA – BE1 30° 23´ 4.4´´ N 81° 26´ 19.5´´ W SWA – BE2 30° 22´ 57.9´´ N 81° 26´ 27.2´´ W Atlantic Beach WWTF FL0038776 – 016 Page 18 of 36 SWB – BE1 30° 22´ 53.965´´ N 81° 26´ 55.194´´ W Figure 1: Map of Mixing Zone Area for Copper • For Cyanide: o The mixing zone consists of the 36,379 m2-polygonal embayment and a 28,830 m2-quadrilateral strip (31 m by 930 m) adjoining the polygonal embayment. The total mixing zone shall be 65,209 m2, centered over the end-of-pipe of the Outfall D-001 perpendicular to the shore and extends approximate 497 meters up-river and 433 meters down-river from the outfall. Within the mixing zone, a minimum dilution ration of 12:1 is achieved at critical/worse care hydrologic scenarios. o Coordinates of the Vertices of Mixing Zone Polygon for Cyanide Point Latitude Longitude Outfall D-001 30° 22´ 55.24´´ N 81° 26´ 22.68´´ W SW1 30° 22´ 46.24´´ N 81° 26´ 38.94´´ W SW2 30° 22´ 47.75´´ N 81° 26´ 39.62´´ W NE1 30° 23´ 05.07´´ N 81° 26´ 11.35´´ W NE2 30° 23´ 05.96´´ N 81° 26´ 12.05´´ W Atlantic Beach WWTF FL0038776 – 016 Page 19 of 36 Point Latitude Longitude B1 30° 22´ 50.96´´ N 81° 26´ 31.72´´ W B 30° 22´ 49.70´´ N 81° 26´ 31.72´´ W C 30° 23´ 01.45´´ N 81° 26´ 15.45´´ W D 30° 22´ 58.46´´ N 81° 26´ 16.91´´ W E 30° 22´ 56.07´´ N 81° 26´ 20.22´´ W F 30° 22´ 52.95´´ N 81° 26´ 20.67´´ W G 30° 22´ 49.66´´ N 81° 26´ 36.40´´ W SWA – BE1 30° 23´ 4.4´´ N 81° 26´ 19.5´´ W SWA – BE2 30° 22´ 57.9´´ N 81° 26´ 27.2´´ W SWB – BE1 30° 22´ 53.965´´ N 81° 26´ 55.194´´ W Figure 2: Map of Mixing Zone Area for Cyanide Concentrations: Percent of concentrations of the constituents at the end of the pipes (POD) to achieve WQS at the mixing boundaries Atlantic Beach WWTF FL0038776 – 016 Page 20 of 36 Percent of Effluent Value Copper, Total Recoverable (µg/L) Cyanide (µg/L) 90th percentile 14.7 6.46 92th percentile 16 6.9 95th percentile 18.1 7.55 100th percentile 21.5 8.64 (i) Basis of Mixing Zones & Compliance Criteria Water Supply Intakes: There are no water supply intakes in this region of the river. Size Limitations: Mixing zone has been sized as small as possible and avoids impairment of the receiving water. Dissolved Oxygen: The mixing zone does not degrade the dissolved oxygen level of the receiving water. Toxicity: All three WWTFs are required to meet chronic whole effluent toxicity discharge limits. Fish and Wildlife Habitats: The outfall discharge area and proposed mixing zone do not include any grass beds or other habitat that could serve as a nursery area. No adverse impacts upon fish, wildlife, endangered or threatened species or their habitats are anticipated. Fishing and Recreation: The St. Johns River (near the WWTF outfall) is a Class III water which is tidally influenced. The Beaches effluent discharge outfall and proposed mixing zone are located in an area of the river which exhibits water quality necessary to support the water body’s designated uses. The area around the discharge is used for fishing and boating. Due to typical currents and tides, this area of the river is generally not appropriate for swimming and water sports. Historical facility data for the WWTF show that effluent copper concentrations have decreased significantly in recent years. As a result, the proposed mixing zone area for effluent copper is lower than previous regulatory mixing area for the Beaches and existing uses of the St. Johns River will not be adversely impacted by the treated discharge and proposed mixing zone. Project Benefits: The Beaches WWTFs treat domestic wastewater collected from the Beaches areas. The facility is permitted to treat 3.0 MGD annual average daily flow (AADF) and to discharge 2.0 MGD to surface water. The WWTF effluent outfall discharges to the St. Johns River. Continued operation of these WWTF’s are necessary to provide wastewater treatment for the beaches residents. (i) Dissolved Oxygen: Site Specific Alternative Criteria (SSACs) for dissolved oxygen has established for the St. Johns River marine portions of the lower St. Johns River and its tributaries (between Julington Creek and the mouth of the river). Pursuant to the SSAC, Dissolved Oxygen shall not be less than a minimum concentration of 4.0 mg/L, and a Total Fractional Exposure not greater than 1.0 over an annual Atlantic Beach WWTF FL0038776 – 016 Page 21 of 36 evaluation period as defined by the following equation: �𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 𝐹𝐹𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝐹𝐹𝑇𝑇𝑇𝑇 𝐸𝐸𝐸𝐸𝐸𝐸𝑇𝑇𝐸𝐸𝐸𝐸𝐹𝐹𝐸𝐸 �= � 4<𝑁𝑁𝑁𝑁.𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.2 𝑚𝑚𝑚𝑚/𝐿𝐿16 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + �4.2<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.4 𝑚𝑚𝑚𝑚/𝐿𝐿21 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + � 4.4<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.6 𝑚𝑚𝑚𝑚/𝐿𝐿30 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + � 4.6<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<4.8 𝑚𝑚𝑚𝑚/𝐿𝐿47 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� + �4.8<𝑁𝑁𝑁𝑁.𝐷𝐷𝑑𝑑𝑑𝑑 𝐷𝐷𝐷𝐷 𝐶𝐶𝑁𝑁𝐶𝐶𝐶𝐶.<5.0 𝑚𝑚𝑚𝑚/𝐿𝐿55 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑 𝑚𝑚𝑑𝑑𝑚𝑚� The effluent limitations for CBOD5, TKN and DO have been established such the water quality criterion for DO concentration of the segment of waterbody is meet. In addition, the permittee shall continue to monitor for dissolved oxygen for the segment waterbody where the discharge/outfall located to confirm that the discharge would not affect the dissolve oxygen level of the waterbody. (j) Whole Effluent Toxicity Testing: The facility is required to conduct Chronic Whole Effluent Toxicity tests to determine the inhibition concentration of effluent for Ceriodaphnia dubia and Pimephales promelas. With exception of one failed test for C.dubia in 2012, the facility has passed all semi-annual toxicity tests during the previous permit cycle. (k) Ambient Sampling: The Permittee shall conduct regular monitoring of the segment of the waterbody near the outfall D-001 for maintaining data on the effect of the discharge to the water quality of the surface water body. (l) Benthic Macroinvertebrate Communities: Due to good benthic macroinvertebrate communities near the WWTF outfall at the present time, the facility is not required to conduct bio-integrity monitoring. If the future studies reveal that benthic monitoring is necessary, the facility will be required to conduct additional regular monitoring of the segment of the St. Johns River near the outfall. ii. Conclusion: The review included in-stream monitoring data, discharge monitoring reports, the Department’s 305(b) report, EPA 303(d) report, FDEP 303 (d) and the Department’s compliance sampling inspection reports. A TMDL for this water-body has been developed for nutrients. Specific allocations for the point source discharger have been established. The permit includes implementation actions to comply with the new requirements. Considering the above, reasonable assurance of compliance has been provided with the effluent limits and applicable surface water quality standards for each parameter of concern (based upon rules referenced in the tables above). Atlantic Beach WWTF FL0038776 – 016 Page 22 of 36 b) Surface Water Discharge - Back-Up Discharge (D-002) i) Basis for Effluent and Monitoring Requirements Outfall D-002 (Class III- Marine Water): The following table provides the basis for Part I.B.1. Parameter Units Max/ Min Limit Statistical Basis Rationale Flow (from outfall D-002) MGD Max 3.0 Annual Average 62-600.400(3)(b) FAC Max Report Monthly Average 62-600.400(3)(b) FAC BOD, Carbonaceous 5 day, 20C mg/L Max 60.0 Single Sample 62-600.420(1)(a) &/or .740(1)(b)1.a. FAC Max 40.0 Weekly Average 62-600.740(1)(b)1.b. FAC Max 25.0 Monthly Average 62-600.740(1)(b)1.c. FAC Max 20.0 Annual Average 62-600.740(1)(b)1.d. FAC CBOD, % Removal, 5-day percent Min 85.0 Monthly Average 62-600.420(1)(a) Solids, Total Suspended mg/L Max 60.0 Single Sample 62-600.420(1)(a) &/or .740(1)(b)1.a. FAC Max 40.0 Weekly Average 62-600.740(1)(b)1.b. FAC Max 30.0 Monthly Average 62-600.740(1)(b)1.c. FAC Max 20.0 Annual Average 62-600.740(1)(b)1.d. FAC Solids, Total Suspended, % Removal percent Min 85.0 Monthly Average 62-600.420(1)(a) pH s.u. Min 6.5 Single Sample 62-302.530(51) & 62- 650 FAC Max 8.5 Single Sample 62-302.530(51) & 62- 650 FAC Coliform, Fecal #/100mL Max 200 Monthly Geometric Mean 62-600.440(4)(c)2. FAC Max 200 Annual Average 62-600.440(4)(c)1. FAC Max 800 Single Sample 62-600.440(4)(c)4. FAC Enterococci #/100mL Max 35 Monthly Geometric Mean 40 CFR 131.41 Chlorine, Total Residual (For Disinfection) mg/L Min 0.5 Single Sample 62-600.440(4)(b) FAC Chlorine, Total Residual (For Dechlorination) mg/L Max 0.01 Single Sample 62-600.440(2) & 62- 302.530(18) FAC Oxygen, Dissolved (DO) mg/L Min 5.0 Single Sample 62-302.530(31) FAC Copper, Total Recoverable ug/L Max 3.7 Single Sample 62-302.530(31) FAC Cyanide, Total (as CN) ug/L Max 1.0 Single Sample 62-302.530(25) FAC Nitrogen, Total mg/L Max Report Annual Average 62-302 FAC Max Report Monthly Average 62-302 FAC Max Report Single Sample 62-302 FAC Atlantic Beach WWTF FL0038776 – 016 Page 23 of 36 Parameter Units Max/ Min Limit Statistical Basis Rationale Phosphorus, Total (as P) mg/L Max Report Annual Average 62-302 FAC Max Report Monthly Average 62-302 FAC Max Report Single Sample 62-302 FAC Nitrogen, Kjeldahl, Total (as N) mg/L Max Report Single Sample 62-302 FAC Nitrite plus Nitrate, Total 1 det. (as N) mg/L Max Report Single Sample 62-302 FAC Nitrogen, Ammonia, Total (as N) mg/L Max Report Single Sample 62-302 FAC Phosphate, Ortho (as P) mg/L Max Report Single Sample 62-302 FAC Chronic Whole Effluent Toxicity, 7-Day IC25 (Ceriodaphnia dubia) percent Min 100 Single Sample 62-302.530(20) & (61) FAC and 62-4.241(1)(b) FAC Chronic Whole Effluent Toxicity, 7-Day IC25 (Pimephales promelas) percent Min 100 Single Sample 62-302.530(20) & (61) FAC and 62-4.241(1)(b) FAC ii) Discussion: D-002 is a back up discharge to Pablo Creek which ultimately reaches the Intracoastal Waterway. The discharge was authorized by the previous NPDES permit. (a) Measurements to Protect 303(d) List Impaired Water The EPA’s 303(d) List indicates that the segment of waterbody (waterbody ID 2205C) to which the City of Atlantic Beach WWTF discharges is impaired for total recoverable mercury (based on fish consumption advisory). (i) Mercury: Mercury (based on fish consumption advisory) is listed. Three effluent samples collected for permit renewal were analyzed for total recoverable mercury. The contracted lab used EPA Method 245.1 with a MDL of 0.17µg/L to analyze to mercury and results showed that mercury was not detectable in all three tests. Due to the MDL being above the Surface Water Quality Standard for Class III Marine Waters (0.025ug/L) a compliance schedule is included in the permit requiring three samples to be analyzed for total recoverable mercury using an MDL which at least matches the MDL of 0.025ug/L. Monitoring for total recoverable mercury will be included in Condition I.A.1 of the permit. iii) The facility has utilized discharge location D-002 on three occasions during the previous permit cycle (June of 2012, August of 2012, and May of 2013). During these three discharge events the facility has been in compliance with permit limitations for each parameter listed in the table above. This includes both Total Cyanide and Total Recoverable Copper. Considering the historical data for this discharge location the Department has reasonable assurance that the facility will continue to meet permit limitations on the rare occasions discharge location D-002 is used. iiii) Numeric nutrient criteria were considered when establishing permit limitations. Atlantic Beach WWTF FL0038776 – 016 Page 24 of 36 o Both the discharge to the St Johns River (D-001) and Pablo Creek (D-002) originate from a lined holding pond after wastewater treatment. D-001 data was used to evaluate probable effluent concentrations going to D-002. o The facility has not adequately illustrated that the effluent can meet Class III marine surface water criteria for Total Cyanide. However, this year the effluent’s total cyanide has been below the method detection limit using a DEP approved testing procedure. Considering this, it has been determined that a separate order will not be needed. This is shown in the graph below. *All results were below detection (<4.8ug/L) o Over the past year the effluent’s sample results have consistently met the Class III marine surface water criteria for Total Recoverable Copper. This is shown in the graph below. 0 1 2 3 4 5 6 Cyanide, ug/L Date Total Cyanide Effluent Concentrations Result, ug/L Limit, ug/L Atlantic Beach WWTF FL0038776 – 016 Page 25 of 36 o The facility has only discharged to Pablo Creek (D-002) four times from July 2008 to present. The bulleted items above where used in establishing the effluent limits and sampling requirements for D-002. a) Total Maximum Daily Load of Total Nitrogen: i) Basis for Nutrient Loading to the St. Johns River: The following table provides the basis for part I.C.1. Parameter Units Max/ Min Limit Statistical Basis Rationale Flow, Total Volume Mgal/mth Max Report Monthly Total 62-302 FAC Total Nitrogen, Load TMDL lb/mth lb/yr Max Max Report 46,614.0 Monthly Total Annual Total 62-303, FAC 62-302, FAC Total Phosphorus, Load lb/mth lb/yr Max Max Report 16,060.0 Monthly Total Annual Total 62-303, FAC 62-302, FAC 0 0.5 1 1.5 2 2.5 3 3.5 4 Total Recoverable Copper, ug/L Date Total Recoverable Copper Effluent Concentrations Result, ug/L Atlantic Beach WWTF FL0038776 – 016 Page 26 of 36 ii) Discussion: St. Johns River was verified as impaired by nutrients based on elevated chlorophyll a and Trophic State Index (TSI) levels. The TMDLs establish the allowable loadings of nutrients of the LSJR that would restore the river so that it meets its applicable water quality criteria for nutrients. o TMDL – Nitrogen Loading The discharge from Atlantic Beach WWTF is required to meet the total nitrogen allocation set for in the Basin Management Action Plan for the Implementation of Total Maximum Daily Loads for Nutrients Adopted by the Department. The TN allocation of the WWTF is summarized below: Sources Lbs/year Kg/year Original TN Allocation 48,099 21,863 Atlantic Beach MS4 1,485 675 Revised TN Allocation 46,614 21,188 o Total Phosphorus Loading The discharge from the WWTF is required to maintain at the starting point of phosphorus load of 44 Lbs/day or 16,060 Lbs/year which was used as input to the TMDL model. o The TN or TP can be calculated Monthly Mass Load (ML) ML = Monthly mass load of total nitrogen or total phosphorus; (Lbs/Mon) Flow = Monthly total volume effluent discharged from D-001 and D-002 in a given month; (million gallons (MG)) TN = Monthly average concentration of total nitrogen monitored at EFD – 1 and EFD – 2 ; (mg/L) TP = Monthly average concentration of total phosphorus monitored at EFD – 1 and EFD – 2; (mg/L) i) Basis for Reclaimed Water and Monitoring Requirements for Part I. D. provisions Parameter Units Max/ Min Limit Statistical Basis Rationale Flow (Interim; Phase I) MGD Max Report Annual Average 62-600.400(3)(b) & 62- 610.810(5) FAC Max Report Monthly Average 62-600.400(3)(b) & 62- 610.810(5) FAC Max 0.95 Daily Maximum 62-600.400(3)(b) & 62- 610.810(5) FAC Atlantic Beach WWTF FL0038776 – 016 Page 27 of 36 Parameter Units Max/ Min Limit Statistical Basis Rationale Flow (Interim; Phase I) gal/hr Max 39,580 Maximum Hourly Rate 62-600.400(3)(b) & 62- 610.810(5) FAC Flow (Final; Phase II) MGD Max 0.5 Annual Average 62-600.400(3)(b) & 62- 610.810(5) FAC Max Report Monthly Average 62-600.400(3)(b) & 62- 610.810(5) FAC BOD, Carbonaceous 5 day, 20C mg/L Max 20.0 Annual Average 62-610.460 & 62- 600.740(1)(b)1.a. FAC Max 30.0 Monthly Average 62-600.740(1)(b)1.b. FAC Max 45.0 Weekly Average 62-600.740(1)(b)1.c. FAC Max 60.0 Single Sample 62-600.740(1)(b)1.d. FAC Solids, Total Suspended mg/L Max 5.0 Single Sample 62-610.460(1) & 62- 600.440(5)(f)3. FAC Coliform, Fecal #/100mL Max 25 Single Sample 62-610.460 & 62- 600.440(5)(f)2. FAC Coliform, Fecal, % less than detection percent Min 75 Monthly Total 62-600.440(5)(f)1. FAC pH s.u. Min 6.0 Single Sample 62-600.445 FAC Max 8.5 Single Sample 62-600.445 FAC Chlorine, Total Residual (Interim; Phase I) mg/L Min 1.6 Single Sample 62-600.440(5)(b), 62- 610.460(2), & 62- 610.463(2) FAC Chlorine, Total Residual (Final; Phase II) mg/L Min 1.0 Single Sample 62-600.440(5)(b), 62- 610.460(2), & 62- 610.463(2) FAC Nitrogen, Total mg/L Max 5.0 Monthly Average BPJ of the Permit Writer Max 10.0 Single Sample BPJ of the Permit Writer Turbidity NTU Max Report Single Sample 62-610.463(2) FAC Giardia cysts/100L Max Report Single Sample 62-610.463(4) FAC Cryptosporidium oocysts/100L Max Report Single Sample 62-610.463(4) FAC ii) The reclaimed water which meets the Part III (Chapter 62-610, FAC) requirements is conveyed to reclaimed water ponds and used to irrigate the Selva Marina Country Club, residential areas, and right-of-ways. iii) This discharge location has not been put in use yet. A compliance schedule outlined in Section VI of the permit requires various notifications to be submitted to the Department before discharges to these sites are initiated. Atlantic Beach WWTF FL0038776 – 016 Page 28 of 36 e) Other Limitations and Monitoring Requirements i) The following table provides the basis for Influent sampling which is included in Part I.A provisions: Parameter Units Max/ Min Limit Statistical Basis Rationale Flow (through the WWTF) MGD Max 3.5 Annual Average 62-600.400(3)(b) FAC Max Report Monthly Average 62-600.400(3)(b) FAC Max Report Quarterly Average 62-600.400(3)(b) FAC Percent Capacity, (TMADF ÷ Permitted Capacity) x 100 percent Max Report Monthly Average 62-600.405(4) FAC BOD, Carbonaceous 5 day, 20C (Influent) mg/L Max Report Monthly Average 62-601.300(1) FAC Solids, Total Suspended (Influent) mg/L Max Report Monthly Average 62-601.300(1) FAC Monitoring Frequencies and Sample Types - - - All Parameters 62-601 FAC & 62-699 FAC and/or BPJ of permit writer Sampling Locations - - - All Parameters 62-601, 62-610.412, 62- 610.463(1), 62-610.568, 62-610.613 FAC and/or BPJ of permit writer ii) The total flow through the Atlantic Beach WWTF shall be calculated based on the summation of flow to the surface water at D-001, D-002 and reuse of reclaimed water at R-001 and shall not exceed 3.5 MGD annual average daily flow. 6) BIOSOLIDS MANAGEMENT The method of biosolids use or disposal by this facility is disposal in a Class I or II solid waste landfill. See the table below for the rationale for the biosolids quantities monitoring requirements. Biosolids Limitations Monitoring Requirements Parameter Units Max/ Min Limit Statistical Basis Frequency of Analysis Sample Type Monitoring Site Number Biosolids Quantity (Landfilled) ton (d) Max Report Monthly Total Monthly Calculated RMP-1 7) GROUND WATER MONITORING REQUIREMENTS The permittee requested an exemption from groundwater monitoring pursuant to 62-520.600(9)(b), F.A.C. This request was granted given the permit effluent limitations, nitrogen removal capabilities (below graphic), and other exemption mandated requirements. The monitoring exemption may be Atlantic Beach WWTF FL0038776 – 016 Page 29 of 36 revoked for non-compliance issues and/or subsequent concerns with potential impacts to human health or the environment. 8) INDUSTRIAL PRETREATMENT REQUIREMENTS At this time, the facility is not required to develop an approved industrial pretreatment program. However, the Department reserves the right to require an approved program if future conditions warrant. 9) ADMINISTRATIVE ORDERS (AO) AND CONSENT ORDERS (CO) In accordance with section 403.0882(2)(e) and (f), Florida Statues, a compliance schedule for this facility is contained in Administrative Order AO 171 NE. The facility has not entered into a CO with the Department. 10) REQUESTED VARIANCES OR ALTERNATIVES TO REQUIRED STANDARDS No variances were requested for this facility. However, the wastewater treatment facility is equipped by an automatic control system and an electronic surveillance system; therefore, staffing is reduced to operator: a) In accordance with Chapter 62-699, F.A.C., the City of Atlantic Beach WWTF is a Category I, Class A facility. In addition, in accordance with Rules 62-610.462(3) and 62-699.310(3), FAC, due to provisions for increased facility reliability (automatic control system, electronic surveillance system and satisfactory operation performance) have been provided, the minimum staffing requirement at the wastewater treatment facility shall be a Class C or higher operator 12 hours/day for 7 days per week. The lead operator must be Class A operator. [62-620.630(3] [62-699.310] [62-610.462(3)] b) In accordance with Chapter 62-699, F.A.C., City of Atlantic Beach WWTF is a Category I, Class A facility. In accordance with Rule 62-610.462(2), FAC, if provisions for increased facility reliability are not provided (The automatic control system and/or the electronic surveillance system does not work properly.), the minimum staffing requirement at the wastewater treatment facility shall be a Class C or higher operator 24 hours/day for 7 days per week. 0 1 2 3 4 5 6 7 8 TN ( m g / L ) Total Nitrogen (Monthly Maximum) Atlantic Beach WWTF FL0038776 – 016 Page 30 of 36 11) COMPLIANCE SCHEDULE AND EFFECTIVE DATE OF PROPOSED EFFLUENT OR RECLAIMED WATER LIMITATIONS 1. The following improvement actions shall be completed according to the following schedule: Improvement Action Completion Date a. Submit a proposal for an evaluation and analysis method concerning the integrity of outfalls (D-001 and D-002). Within six months from the effective date of the permit b. Submit the initial evaluation concerning the integrity of the outfalls D-001 and D-002 using the approved evaluation and analysis method s within one year from the effective date of the permit. One year from the effective date of the permit. c. Submit annual outfall evaluation reports based on the approved evaluation and analysis method to indicate the integrity of the outfall line for D-001 and D-002. January 1 of each year d. Provide design plans to replace the effluent pipe to D-001. May 5, 2014 e. Submit Form 62-610.300(4)(a)3, Application for Permission to Place a Public Access Reuse System in Operation prior to placing R-001 into service Within one month prior to putting public access reuse system into service. f. Submit Form 62-620.910(12) (Notification of Completion of Construction) Within one month prior to putting public access reuse system into service. g. Submit Form 62-620.910(13) (Notification of Availability of Record Drawings) Within six months after placing public access reuse system into service [62-620.320(6)] 2. The Department reserves the right to add monthly monitoring for Total Recoverable Mercury should effluent results not satisfy Class III Marine Surface Water Quality Standards. 3. The permittee is not authorized to discharge to waters of the state after the expiration date of this permit, unless: a. The permittee has applied for renewal of this permit at least 180 days before the expiration date of this permit using the appropriate forms listed in Rule 62-620.910, F.A.C., and in the manner established in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., including submittal of the appropriate processing fee set forth in Rule 62-4.050, F.A.C.; b. The permittee has made complete the application for renewal of this permit before the permit expiration date. c. Please note that effluent testing shall be conducted for each outfall in accordance with the instructions provided in Sections 3.A.12., 13., and 14. of the application form. A minimum of three samples shall be taken within four and one-half years prior to the date of the permit Atlantic Beach WWTF FL0038776 – 016 Page 31 of 36 application and must be representative of the seasonal variation in the discharge from each outfall. [62-620.335(1) - (4)] 12) DISCUSSION OF PREVIOUS PERMIT EFFLUENT OR RECLAIMED WATER LIMITATIONS. The wastewater permit for this facility expiring on May 4, 2014 contains the following effluent or reclaimed water limits: For Surface Water Serial Number D-001: Parameters Effluent or Reclaimed Water Limitations Maximum/ Minimum Annual Average Monthly Average Weekly Average Single Sample Flow (mgd) Maximum 4.5 Report - - CBOD5 (mg/L) Maximum 20.0 25.0 40.0 60.0 TSS, (mg/L) Maximum 20.0 30.0 40.0 60.0 pH , S.U. Range - - - 6.5 to 8.5 Fecal Coliform, #/100L Maximum 200 200.0* 400** 800.0 Enterococci, #/100L Maximum - 35* - - TRC (Disinfection), (mg/L) Range - - - 0.5 TRC (Dechlorination), (mg/L) Minimum - - - 0.01 Oxygen, Dissolved, (mg/L) Minimum - - - 4.0 Total Recoverable Copper (ug/L) Maximum - - - 3.7 Total Cyanide, (ug/L) Maximum - - - 1.0 Total Nitrogen, (mg/L) Max Report Report - Report Nutrients Monitoring Report Quarterly Stream Monitoring Report Quarterly Whole Effluent Toxicity Report Semi-annually *Values based on geometric mean **Value based on 90th percentile For Limited Wet Weather Discharge; D-002 Parameters Effluent or Reclaimed Water Limitations Maximum/ Minimum Annual Average Monthly Average Weekly Average Single Sample Flow (mgd) Maximum - Report - - CBOD5 (mg/L) Maximum 20.0 25.0 40.0 60.0 TSS, (mg/L) Maximum 20.0 30.0 40.0 60.0 pH , S.U. Range - - - 6.5 to 8.5 Fecal Coliform, #/100L Maximum 200 200.0* 400** 800.0 Enterococci, #/100L Maximum - 35* - - TRC (Disinfection), (mg/L) Range - - - 0.5 TRC (Dechlorination), (mg/L) Minimum - - - 0.01 Oxygen, Dissolved, (mg/L) Minimum - - - 4.0 Atlantic Beach WWTF FL0038776 – 016 Page 32 of 36 Parameters Effluent or Reclaimed Water Limitations Total Recoverable Copper (ug/L) Maximum - - - 3.7 Total Cyanide, (ug/L) Maximum - - - 1.0 Total Nitrogen, (mg/L) Max Report Report - Report Nutrients Monitoring Report Quarterly Stream Monitoring Report Quarterly Whole Effluent Toxicity Report Semi-annually *Values based on geometric mean **Value based on 90th percentile For Land Application Serial Number R-001: Parameters Effluent or Reclaimed Water Limitations Maximum/ Minimum Annual Average Monthly Average Weekly Average Single Sample Flow, MGD Maximum - - 39,580*** 0.95* CBOD5, mg/L Maximum 20.0 30.0 45.0 60.0 TSS, mg/L Maximum - - - 5.0 pH, s.u. Minimum - - - 6.0 pH, s.u. Maximum - - - 8.5 Fecal coliform, #/100mL Maximum - - - 25.0 TRC, mg/L Minimum - - - 1.6** Nitrogen, Total, mg/L Maximum - 10.0 - 5.0 Turbidity, NTU Maximum - - - Report Primary and Secondary Drinking Water Standards Maximum - - - Report Giardia, cysts/100mL Maximum - - - Report Cryptosphordium, oocycsts/100mL Maximum - - - Report *Value based on Daily Maximum Flow for phase one of project **Value based on phase one of project ***Value based on maximum hourly rate (gals/hr) 13) NEW OR EXPANDED DISCHARGES TO SURFACE WATERS; ANTIDEGRADATION REQUIREMENTS The flow contribution from the recently decommissioned Atlantic Beach #2 (Buccaneer) WWTF has been routed to the Atlantic Beach WWTF. These facilities shared a common effluent discharge pipe located at Sherman Point defined as D-001. The combined effluent discharge capacity of the two facilities at D-001 was 4.9MGD (3MGD from Atlantic Beach and 1.9MGD from Buccaneer). In order to keep the same overall discharge capacity for the defined service area the Atlantic Beach WWTF discharge capacity to D-001 will be increased to 4.9MGD. However, the permitted discharge capacity at this outfall will be limited to 3.5MGD (annual average daily flow) due to the limited treatment capacity. Atlantic Beach WWTF FL0038776 – 016 Page 33 of 36 14) EFFECTS OF SURFACE WATER DISCHARGE ON THREATENED OR ENDANGERED SPECIES The Department does not anticipate adverse impacts on threatened or endangered species as a result of permit issuance. 15) APPLICABLE RULES The following were used as the basis of the permit limitations/conditions: a. FAC refers to various portions of the Florida Administrative Code. The effective dates of FAC Rule Chapters cited in the table are as follows: Chapter Effective Date 62-4 02-16-12 62-160 02-16-12 62-302 08-05-10 62-520 07-12-09 62-522 07-12-09 62-550 02-16-12 62-600 04-13-06 62-601 02-16-12 62-602 02-16-12 62-610 02-16-12 62-620 02-16-12 62-625 02-16-12 62-640 08-29-10 62-650 12-26-96 62-699 10-15-07 b. FS refers to various portions of the Florida Statutes c. CFR refers to various portions of the Code of Federal Regulations, Title 40 d. BPJ refers to Best Professional Judgment 16) DEPARTMENT CONTACT Additional information concerning the permit may be obtained during normal business hours from: D. Anh Vo, P.E. FDEP Northeast District Office 8800 Baymeadows Way West, Suite 100, Jacksonville, Florida 32256 Telephone 904-256-1618; Fax 904-256-1589 17) THE ADMINISTRATIVE RECORD The administrative record including application, draft permit, fact sheet, public notice (after release), comments received and additional information is available for public inspection during normal business hours at the location specified in item 16. Atlantic Beach WWTF FL0038776 – 016 Page 34 of 36 18) PROPOSED SCHEDULE FOR PERMIT ISSUANCE Process Elements Projected Date of Completion Effective Date of the Application: November 5, 2013 Draft Permit to Applicant and EPA for review December 13, 2013 Begin Public Comment Period December 13, 2013 End Public Comment Period January 12, 2014 Notice of Intent to Issue Publication of Intent Notice Notice of Permit Issuance January 16, 2014 February 6, 2014 February 20, 2014 19) PROCEDURES FOR THE FORMULATION OF FINAL DECISION ON PERMIT ISSUANCE a. Public Comment Period The Department of Environmental Protection proposes to issue a wastewater facility permit to this applicant subject to the aforementioned reclaimed water or effluent limitations and conditions. This decision is tentative and open to comment from the public. Interested persons are invited to submit written comments regarding permit issuance on the draft permit limitations and conditions to the following address: Department of Environmental Protection – Northeast District 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 Attn: D. Anh Vo, P.E. All comments received within 30 days following the date of public notice, pursuant to Rule 62- 620.550, F.A.C., will be considered in the formulation of the final decision with regard to permit issuance. Any interested person may submit written comments on the Department’s proposed permitting decision or may submit a written request for a public meeting to the address specified above, in accordance with Rule 62-620.555, F.A.C. The comments or request for a public meeting must contain the information set forth below and must be received in the above named District office of the Department within 30 days of receipt or publication of the public notice. Failure to submit comments or request a public meeting within this time period will constitute a waiver of any right such person may have to submit comments or request a public meeting under Rule 62-620.555, F.A.C. The comments or request for a public meeting shall contain the following information: 1) The commenter’s name, address and telephone number, the applicant’s name and address, the Department Permit File Number and the county in which the project is proposed; 2) A statement of how and when notice of the draft permit was received; 3) A description of any changes the commenter proposes for the draft permit; Atlantic Beach WWTF FL0038776 – 016 Page 35 of 36 4) A full explanation of the factual and legal reasons for each proposed change to the draft permit; and A request that a public meeting be scheduled (if applicable) including a statement of the nature of the issues proposed to be raised at the meeting. b. Public Meeting The Department will hold a public meeting if there is a significant degree of public interest in the draft permit or if it determines that useful information and data may be obtained thereby. Public notice of such a meeting shall be published by the applicant at least 30 days prior to the meeting. If a public meeting is scheduled the public comment period is extended until the close of the public meeting. If a public meeting is held any person may submit oral or written statements and data at the meeting on the Department’s proposed action. c. Issuance of the Permit The Department will make its decision regarding permit issuance after consideration of all written comments, including comments from the United States Environmental Protection Agency on surface water discharge aspects of the draft or a proposed permit; the requirements of Chapter 403, F.S. and appropriate rules; and, if a public meeting is held, after consideration of all comments, statements and data presented at the public meeting. The Department will respond to all significant comments in writing. The Department’s response to significant comments will be included in the administrative record of the permit and will be available for public inspection at the above named District office of the Department. Unless a request for an administrative hearing, or an extension of time to file a petition for an administrative hearing, as indicated in d. below, is granted, the Department will take final agency action by issuing the permit or denying the permit application. If an administrative hearing is convened, final agency action will be based on the outcome of the hearing. d. Administrative Hearing A person whose substantial interests are affected by the Department’s proposed permitting decision has the opportunity to petition for an administrative proceeding (hearing) to challenge the Department’s decision in accordance with Section 120.57, F.S. An administrative hearing is an evidentiary proceeding in which evidence is presented by testimony and exhibits before an independent hearing officer. The result of an administrative hearing is the issuance of the hearing officer’s recommended order to the Department, including the hearing officers findings of fact, based on the evidence presented at the hearing. The Department will issue a final order, granting or denying the permit, based on the hearing officer’s recommended order. The petition for an administrative hearing must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, within 14 days of publication of notice of agency action or within 14 days of personal receipt of notice of agency action, whichever occurs first. The petitioner is to mail a copy of the petition to the applicant at the time of filing. Failure to file a petition within this time period will constitute a waiver of any right Atlantic Beach WWTF FL0038776 – 016 Page 36 of 36 such person may have to request an administrative determination (hearing) under section 120.57, F.S. The petition is to contain the following information: 1) The name, address and telephone number of each petitioner, the applicant’s name and address, the Department Permit File Number and the county in which the project is proposed; 2) A statement of how and when each petitioner received notice of the Department’s action or proposed action; 3) A statement of how each petitioner’s substantial interests are affected by the Department’s action or proposed action; 4) A statement of the material facts which the petitioner contends warrant reversal or modification of the Department’s action or proposed action; 5) A statement of which rules or statutes petitioner contends require reversal or modification of the Department’s action or proposed action; and 6) A statement of the relief sought by the petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department’s action or proposed action. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department’s final action may be different from the position taken by it in the notice of agency action. Persons whose substantial interests will be affected by any decision of the Department on the application have the right to petition to become a party to the proceeding, regardless of their agreement or disagreement with the Department’s proposed action indicated in the notice of agency action. Appendix A Reasonable Assurance Verification Workbook Appendix B Wastewater Treatment Facility Location Appendix C Process Flow Diagram Appendix D Outfall Location Appendix E Sampling Location APPENDIX C USCG PERMIT APPENDIX D FDOT PERMIT