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HomeMy WebLinkAbout2003-310 1 `/ - Ik 6� 1 2. lie A � 1 � A LORI 1 CONTRACT DOCUMENTS AND ' SPECIFICATIONS FOR ' 26TH STREET BRIDGE REPLACEMENT PROJECT NO . 0378 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS ' INDIAN RIVER COUNTY , FLORIDA KENNETH R . MACHT , CHAIRMAN CAROLINE D . GINN , VICE CHAIRMAN COMMISSIONER FRAN B . ADAMS COMMISSIONER THOMAS S . LOWTHER ' COMMISSIONER ARTHUR R . NEUBERGER JAMES E . CHANDLER , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT WILLIAM G . COLLINS , II , COUNTY ATTORNEY JAMES W . DAVIS , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER 1 The Technical Specifications have been prepar f India my Pu Works Department by the undersigned engineer . Christ er J afer, Date Flori P . E . umber 4 00001 - 1 0378-00001 - Project Title Page . doc F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00001 - Project Title Page.doc Rev. 05/01 Rx Uate / lime JAN-21 -2004 ( WED ) 17 : 47 7727789391 P. 004 611 -21J2004 5 : 02PM FROM INDIAN RIVER COUNTY 7727789391 P . 4 ADDENDUM TO SUPPLEMENTARY CONDITIONS AND GENERAL CONDITIONS TO THE 26TH STREET BRIDGE REPLACEMENT PROJECT t THIS ADDENDA amends and supplements the Supplementary Conditions and General Conditions of Construction Contract #0378 , and other provisions of the contract documents as indicated below. All provisions which are not amended as supplemented , remain in full force and affect: o General Conditions , page 00700= 16 Section 5 . 01 . C . The reference to " 5 . 01 . 6 " shall be changed to SC- 5 . 01 B . ro General Conditions, Page 00700-19 , Section 5 . 10 . The reference to "Paragraph 5 .06" should include references to S_ _06 . io Page 00700-20 , Paragraph 6 . 02 . 6 , the reference to , " New paragraph 6 . 02 . 6 . 1 , 2 , 3 , 4 and 5" should include Paragraph 6 also . o Page 00700-22 Section 6 . 05 . C . The reference to " Paragraph 6 . 05A" is changed to include reference to SC-6 .05A. o On Page 00700-30 , Paragraph 9 . 09 . 6 the following language is a scrivener' s error and not part of this contract , " Note : Will probably not want to delete this paragraph for a private project. " r o Page 00700-.34 Section 11 . 01 . C , the reference to " Paragraph 12 . 01 . C" should be changed to Paragraph 12 . 01 . o Page 00700=41 . The reference to , "New paragraphs 14 . 02 . D . 1 . e , f and g shall be amended to read New Paragraphs 14 . 02 . D . 1, a f, a & h . " o Page 0070043 , Paragraph 14 . 07 . C . 1 . The following language . is a scrivener's error and not included in this contract , " ( Note to preparer: This change is not required for private projects . )" o Page 00800.4 , Section SC-5 . 04 . D . The following individuals or entities shall be listed as "Additional Insureds" on the CONTRACTOR' S liability insurance policies : a . N o 11 A be c . 9 no subcontractors are to be used on this project the word " none" shall be entered . o Page 00800-5 and 6 , Section SC-5 . 06 . E is amended to include the following language , "The following individuals or entities shall be listed i Rx Date/Time JAN-21 -2004 ( WED ) 17 : 47 - l -21 `2004 5 : 03PMFROM INDIAN RIVER COUNTY 7727789$391191 P. 005 P . 5 as additional insureds on the CONTRACTOR 'S property insurance policies : a . 0 o u be C# if no additional insureds snail be included on CONTRACTOR ' S property insurance policies please indicate by writing " none ". 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 November 8 200,1.Contract is approved by the Indian River County Board (theof tate he Commissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : INDIAN RIVER COUNTY SHELTRA & SON CONSTRUCTION , INC. Bye Caroline D . Ginn , Chairman y (Gontractor) ATTEST: (CORPORATE SEAL ) JEFF . BARTON , C F COURT Deputy Clerk Witne APPROVAL By 9 , C , Jam ;sE . Chandler CounAdministrato APPROVED AS TO FORMA EGAL SUF CY• By William K . DeBraal Assistant County Attorney TABLE OF CONTENTS i DIVISION 0 BIDDING REQUIREMENTS , CONTRACT FORMS AND CONDITIONS ' OF CONTRACT Section Title Section Number ' Advertisement for Bids 00100 Instructions to Bidders 00200 Bid Package Bid Form 00310 Bid Bond 00430 Public Entity Crimes Affidavit 00450 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 ' List of Subcontractors 00458 Contract Forms Agreement 00520 Performance Bond 00610 Payment Bond 00612 Sample Certificate of Liability Insurance 00620 Contractor's Application for Payment 00622 General Conditions 00700 ' Supplementary Conditions 00800 DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS ' APPENDIX "A" PERMITS APPENDIX " B " FINAL GEOTECHNICAL EVALUATION REPORT 00010 — Table of Contents F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00010 - Table of Contents (Capital Projects).doc 5/18/01 ' SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 184025 TH Street, Vero Beach, Florida 32960 IVE ORI ' Telephone : (772) 5674000 SUNCOM: 224= 1000 FAX: (772) 778-9391 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Indian River County will receive sealed bids until 2 : 00 PM on Wednesday, August 27 , 2003 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "26T" STREET BRIDGE REPLACEMENT" . All bids , either mailed or walked in , will be received by the Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , where they will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 0378 INDIAN RIVER COUNTY BID NO. ' PROJECT DESCRIPTION: 26TH STREET BRIDGE REPLACEMENT All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from Indian River County Engineering Division . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County. in the amount of $ 75. 00 for each set, which represents cost of printing, handling, and mailing and which is non refundable. ' All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . A BID BOND must accompany each Bid , and be properly executed by the Bidder and by a qualified surety, or certified check or cashier's check on any bank authorized to do business in the State of Florida , in the sum of not less than Five Percent (5%) of the total amount bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance and Payment Bond . If he fails to do so , he shall forfeit the said bid Bond as liquidated damages . Please note that the questionnaire must be filled out completely including the financial statement. 00100 - 1 0378-00100 - Advertisement for Bids F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00100 - Advertisement for Bids.doc Rev. 05/01 The County reserves the right to delay awarding of the Contract for a period of sixty 60 days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or ' in part with or without cause/or to accept the bid that , in its judgement , will serve the best interest of Indian River County, Florida . The County will not reimburse any Bidder for bid preparation costs . INDIAN RIVER COUNTY By: Fran Boynton Powell Purchasing Manager For Publication in the Vero Beach Press Journal Date (s ) : July 30 , 2003 August 2 , 2003 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 2526 19th Avenue Vero Beach , FL 32960 ' * * END OF SECTION 0378-00100 - Advertisement for Bids 00100 - 2 F:\Engineering\Capital Projects10378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00100 - Advertisement for Bids.doc Rev. 05/01 SECTION 00200 an Instructions to Bidders ' TABLE OF CONTENTS . Article No . - Title page ARTICLE 1 — DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 an COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' ARTICLE 3 — QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 — PRE— BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 — SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 8 — BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damon . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 9 — CONTRACT TIMES . . 5 ARTICLE 10 — LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 — SUBSTITUTE AND " OR— EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 12 — SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 13 — PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' ARTICLE 14 — BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . 7 ARTICLE 15 — SUBMITTAL OF BID . " , ' , , , , a a a a a a a . a a d d . 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 18 ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID , , , , " I ' s 000001 , " I ' ll " , 8 ARTICLE 17 — OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 0 . 00 . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9 ' ARTICLE 20 — CONTRACT SECURITY AND INSURANCE . , , " , , , , , " , ' am . . . . . . . . . . 0 . . . GaAs * @ , 9 ARTICLE 21 — SIGNING OF AGREEMENT , , , , , , " , , , " , , , I I , , I I " , I , , a , " , * , A " , " 1 * , , 10 ' ARTICLE 22 — SALES AND USE TAXES . I I I I I I a a I I 1 1 4 0 a 8 a a a a 6 a a 5 5 a a a a , a 0 0 . . . . . . . . . a a a a a a a a 0 a 4 8 a A 0 0 a . . . . . . . . . 0 . . . 4 a 0 10 ARTICLE23 — RETAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 24 — CONTRACTS TO BE ASSIGNED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10ARTICLE 25 — PARTNERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 00200 - 1 0378-00200 - Instructions to Bidders F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05/16/01 SECTION 00200 - Instructions to Bidders ' TABLE OF ARTICLES (Alphabetical by Subject) Subject Article tAward of Contract . , ' . . , , , , , , " , Ross ' s . . . . . mammal ' s sea 001111 ' esell " I , , . . . . a . . . . . . . . . . . . 0 . . . . 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ' Bid Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' Bids to Remain Subject to Acceptance . " , , , , , ' , , mom seems . . . * goes all 18 Contract Security and Insurance . . I I I 1 0 1 1 1 1 1 1 0 0 a a a a d 0 mass , oven . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Contracts to be Assigned . . . . . , " . am I I am Redo wasseedoo I mass 1111404414 Massengale a ' " . . . . . . . . . . . 24 Copiesof Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Defined Terms " . . . , , , , , , " , , , Sodom Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . . . . , , , , . . . . . . 1 1 1 1 1 1 0 1 1 a a a a a 0 . a 8 a a a a a a I I I 1 0 1 0 0 1 1 1 1 1 1 1 a & I a a a a 0 1 a a 0 a a a . . . . . . . 0 . . . 7 Liquidated Damages . . , " , , , , , , , , , , . . . . . . . to so . . . . . . . am . . . . . . . . . . . . . . . mass . . . . . . oneagelffielo Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Partnering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Pre-Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 rPreparation of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualifications of Bidders ' . . . . . . . , . , , Ed & * * . . . . . . . . . . . . Islas . . " Iseeseem & mem mass . , 113 r Retainage ' Sales and Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Signingof Agreement , , " , , , " , ' , * possess & ad * gown Do , * . . . . 0 . . . . . . . 4 a a 5 a a a a 4 a 0 a a a a a . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . : . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or "Or- Equal' Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 0378-00200 - Instructions to Bidders 00200 - ii FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05/16/01 SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B . Issuing Office—The office from which the Bidding Documents are to be issued and where ' the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents , 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder's qualifications to perform the Work, within five days of ' OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below. A. Bidder must have at least five years ' experience in the construction of similar projects of ' this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR, at least three ' projects similar in scope to this project. C . Bidder must have good recommendations from at least three clients similar to the OWNER. D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 3 . 02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 0378-00200 - Instructions to Bidders 00200 - 1 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05/01 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 = EXAMINATION OF BIDDING DOCUMENTS OTHER RELATED DATA AND SITE 4 . 01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: ' 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER, or others . ' 4 . 03 Hazardous Environmental Condition A. There are no reports or drawings known to the OWNER relating to a Hazardous Environmental Condition identified at the site . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any, and possible changes in - the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions . ' 4 . 05 Upon a request directed to the ENGINEER (Christopher J . Kafer, Jr. , P . E . , (772)567- 8000 , ext. 1221 ) , OWNER will provide Bidder access to the Site to conduct such examinations , investigations , explorations , tests , and studies , as Bidder deems necessary for submission of a 0378-00200 - Instructions to Bidders 00200 - 2 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05/01 r Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . I4 . 06 It is the responsibility of each Bidder before submitting a Bid to : A. examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER (Christopher J . Kafer, Jr. , P . E. , (772) 567-8000 , EXT. 1221 ) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; rC . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost, progress , or performance of the Work; D . carefully study all 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 carefully study all reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (overhead , 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 Bidder, 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 . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; ' G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; ' H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . 0378-00200 - Instructions to Bidders 00200 - 3 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05/01 4 . 07 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE-BID CONFERENCE 5 . 01 The date , time , and location for a Pre- Bid conference , if any, are specified in the Advertisement for Bids . Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference . ENGINEER will transmit to all prospective Bidders of record such Addenda , as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . ARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access ' thereto required for temporary construction facilities , construction equipment , or storage of materials and equipment to be incorporated in the Work is to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . ' ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to . all parties through the Issuing Office as having received the Bidding Documents . Questions received 1 less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect. 7 . 02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 0378-00200 - Instructions to Bidders 00200 - 4 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 8 - BID SECURITY 8 . 01 A Bid must be accompanied by Bid security made payable to OWNER in the amount specified in the Bid Form and in the form of a certified or bank check or a Bid Bond [on the form attached except as provided otherwise by Laws or Regulations] . All Bonds shall be executed by such sureties as are named in the current 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. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions . 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and fails to furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited . The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after ' the Bid opening , whereupon Bid security furnished by such Bidders will be returned . 8 . 03 Bid security of other Bidders whom OWNER believes do not have a reasonable ' chance of receiving the award will be returned within seven days after the Bid opening . ' ARTICLE 9 - CONTRACT TIMES ' 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be (a ) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. [Note : If there is no Substantial Completion for the project, then this paragraph should be deleted and replaced with : "The number of calendar days within which , or the dates by which , the Work is to be completed and ready for final payment are set forth in the Agreement. "] ' ARTICLE 10 - LIQUIDATED DAMAGES ' 10 . 01 Provisions for liquidated damages , if any, are set forth in the Agreement . ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11 . 01 The Contract, if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" ' 0378-00200 - Instructions to Bidders 00200 - 5 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05/01 items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements . ' ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors Suppliers , individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity, OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . ' 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to ' revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . ' 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ' ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable" entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- ' president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature . 0378-00200 - Instructions to Bidders 00200 - 6 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05/01 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . ' 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . ' 13 . 06 A Bid by an individual shall show the Bidder's name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . ' 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . ' 13 . 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ' ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS ' 14 . 01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . C . Discrepancies between the multiplication of units of Work and unit prices will be ' resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any, named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . 14 . 03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere , is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated ' 0378-00200 - Instructions to Bidders 00200 - 7 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05101 quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work , or other conditions pertaining thereto . ' ARTICLE 15 - SUBMITTAL OF BID ' 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A. Statement of Public Entity Crimes , B . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . C . Sworn Statement under the Florida Trench Safety Act, D . General Information Required of Bidders . E . List of Subcontractors . ' 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County, Purchasing Division , 2625 19 ' Avenue , Vero Beach , Florida , 32960 , ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder ' will be disqualified from further bidding on the Work. ' ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non-responsive , read aloud publicly. An abstract of the amounts of the base Bids and major alternates , if any, will be made available to Bidders after the opening of Bids . 0378-00200 - Instructions to Bidders 00200 - 8 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05101 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but ' OWNER may, in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ' ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the ' right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non-responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . The OWNER reserves the right to select, from among the various Bid ' alternatives , those alternatives to be included in the final Contract as well as the right and option to award or re-bid alternatives in any sequence or at any time deemed to be in the best interest of the OWNER . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the ' prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . ' 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , ' Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions , 19 . 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents . ' 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE ' 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER's requirements as to performance and payment Bonds and insurance . When the Successful Bidder delivers the executed Agreement to OWNER , such Bonds must accompany it, unless the Bonds have been waived due to the total contract being less than $50 , 000 . All Bonds shall be in the form prescribed by the Contract Documents except as provided 0378-00200 - Instructions to Bidders 00200 - 9 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00200 - Instructions to Bidders.doc Rev. 05101 otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the ' current 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. The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney , reflecting such person 's authority as Power of Attorney in the ' State of Florida . Further, at the time of execution of the Contract, the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308 . ARTICLE 21 - SIGNING OF AGREEMENT r 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents , which are identified in the Agreement as attached thereto . Within fifteen ( 15 ) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. ' 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder. ' 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or, the ' OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . ARTICLE 22 - SALES AND USE TAXES ' 22 . 01 Article 22 — Sales and Use Taxes , has been intentionally deleted . ' ARTICLE 23 — RETAINAGE 23 . 01 This Section intentionally left blank . ' ARTICLE 24 — CONTRACTS TO BE ASSIGNED ' 24 . 01 This Section intentionally left blank. ' ARTICLE 25 - PARTNERING Article 25 — Partnering has been intentionally deleted . * * END OF SECTION ' 0378-00200 - Instructions to Bidders 00200 - 10 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\037"0200 - Instructions to Bidders.doc Rev. 05/01 e . SECTION 00310 - Bid Form PROJECT IDENTIFICATION : ' Project Name : .26 th Street Bridge Replacement County Project Number: 0378 ' Project Address : 26 1h Street from 74t Avenue to approximately 800 feet east of 74`h Avenue Project Description : This project includes the construction of a ' three- lane bridge ( Pre-cast Concrete , Three Sided Box Culvert) approximately 800 LF of 2- 3 lane asphalt roadway and storm drainage ' system and other related items required for construction . Also , the project includes closing 26th Street during the construction of the ' proposed bridge and Maintenance of Traffic during construction . THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 2625 19TH AVENUE VERO BEACH , FLORIDA 32960 1 . 01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work ' as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents . i2 . 01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree l,-) in writing upon request of OWNER . 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that : A . Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all , which is hereby acknowledged . Addendum Date Addendum Number B . Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work . ' C . Bidder 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 . Bidder 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 0378-00310 - Bid Form 00310 - 1 F :\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00310 - Bid Form doc Rev. 05/16/01 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, which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions , E . Bidder has obtained and carefully studied (or assumes responsibility for having done 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 Bidder, including applying the specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto . F . Bidder does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price (s ) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents , G . Bidder 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 Bidding Documents . H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents . I . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder has discovered in the Bidding Documents , and the written resolution thereof by ENGINEER is acceptable to Bidder. J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . 4 . 01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER . [The remainder of page intentionally left blank] 00310 - 2 0378-00310 - Bid Forth FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378.00310 - Bid Forrn.doc Rev. 05/16/01 �� ,a. x-,. �`�' Tpu' �fi �T3q. ysiY.�,:"*t gra+ i s � tU' l � a ^s^^c-.?.^-arm•,-�^ r, _ �t � � � + �• � � ��5 m m a l � .. �1S "c' f _ . .. 1 ty+1 ' .i'� C < .,. Y' 4 fi..e 1 h:. 1 6' `_T'�.�'.^.�•'.�'v. r . . . . ,?�" ,�T �� �+�4i. .a • t'�rYtiA .. ,,. . . . K �� , `e�� T to 3 rcr " F� (Jx w�✓'� � n �.. rt , A � 7�>b"�r'�3 s`-'kR..` +r} � �-..1^! ,a r 1 �' •. � h� r i'�lh 9 r "V� l • Jrd �� � S`r w.i'� r�`n. ' 'Ca 1��4 a,�q..Ay�F iso ® c. 'i : 1. r � s �.'t } ! - ` "` - lk'•i*.rt'5K+ �C�rS^sa � `W"':n �nf + " � # ``` � . � : " � . x. .µ i,'� ':.:}J' � 1..�� b;✓4+i.'L'�'F�- '- m. f � + 4� F �i �Y'+3+tF2�` Jyy �lY i7fr" 1L , h FF �. � tx — • a � a MOBILIZATION 1MAINTENANCEOF TRAFFIC HAY OR STRAW , BALED ■ • • • I ; TURBIDITY BARRIER, FLOATING SILT FENCE STAKED (TYPE 111 ) 1 r � 1 ' 1 i � / CLEARING & GRUBBING EXCAVATION , REGULAR • EMBANKMENT • ISTABILIZATION OPTIONAL BASE GROUP 6 OPTIONAL B • - • 14 - ASPHALTIC - . • - ETE - • ASPHALTIC CONCRETE - - E S 1 � i , ASPHALTIC • MISCELLANEOUS 1 v HANDRAIL PIPE , STEEL 1 • e 1 CONCRETE CURB AND -UTTER / CONCRETE • • — - - - CONCRETE • , GUARDRAIL ( ROADWAY) © . GUARDRAIL POST�SPECIAL ` r - - • WAJ m k Usk . • - � • - - - FAggiftaig kyjWWI=a . , a 11 1 Y'ri.+'i? 4714x!'4`'• 1'�i' .t At? Wv1. STy . , . "v" �'y"',�.-£': - f "i. it i y • , S i ! //}}�� r , •eA ^S� L= P�c�?e >r.' .a.k _ � d •'v�"P; . ! Fri .n l r , ,�; 77= • f r'°. ' .-xa, r )T�. �r :'S.�.pi. yl�7.J>� . �4} '° �. .0.d 4ci' '.Urh`�� J .T'�M'.,w -a;,.nx T ��id` t °.�. '- : 3�1� �f Q �- . ' 'n� ; 1 • AND MULCH • SODDING B . . ' llCONCRETE • (TYPEINLET ( CURB ) - 1 I • - : (TYPE - • 1 INLETS ( DT - • - • 1 on MANHOLE (J�8 ) A � I r � r rrr :�I • 1MANHOLE ( SPECIAL ) • / DRAINS � • I I ♦ 1 1 PIPE CONC . 1 PIPE CONC . CULV (CLASS 111 ) ( 18 1 / • PIPE CONC , / - • NC , CULV (CLASS 111 ) (36 • w « CONC .PIPE PIPE ORR . STEEL CULV ( 1811) PIPE CORR , 16 ) (2811 x 1 • PIPE STORM CULV SEWER • - • MATERIAQ / . � MITERED END SECTION • PIPE - • • r � � r � • . . / FRENCH DRAIN t� i��f'r �1+ y r'y2' T" iM1+� C 1 f ` [ 4 1 �f � I F y . �e •� '1 �..�n�i'_._ �"^I� M1 FA [�W _ Mal Y 7[ � ai^ ys b++" ft �(¶��� '+"�• f rte. '� � R it 'k ^'l =<` n 6 r :`� y_•--r-•�. 1 " � id n a w1N n .` IWIPON ' . . I • _ , • i _ • A AS ♦ • . . 1 • mo _ 1 • � . I I ♦ NNW� • � I 4 101 Me . 1 1 i � � ! ' 5 . 01 Bidder shall complete the Work in accordance with the Contract Documents for the price (s ) contained in the Bid Schedule : ' A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . B . The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so , no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D . Unit Prices have been computed in accordance withara ra p g ph 11 . 03 . 8 of the General Conditions . 6 . 01 Bidder agrees that the Work will be completed and ready for final payment accordance with paragraph 14 . 07. B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6 . 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. 7 . 01 The following documents are attached to and made a condition of this Bid : A. Required Bid security in the form of y�b 0 ' B . A tabulation of Subcontractors , Suppliers [and other] individuals and entities required to be identified in this Bid ; C . Statement of Public Entity Crimes ; D . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure ' of Relationships ; E . Sworn Statement Under the Florida Trench Safety Act; F . General Information Required of Bidders ; ' G . List of Subcontractors ; and H . ( List other documents as pertinent) . 00310 - 6 0378-00310 - Bid Form FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00310 - Bid Form.doc Rev. 05/01 8 . 01 The terms used in this Bid with initial capital letters have the meanings indicated in the ' Instructions to Bidders , the General Conditions , and the Supplementary Conditions , 9 . 01 By signing this form , Bidder acknowledges that is has read and understood all information ' contained herein . SUBMITTED on ,�, � , 203 , State Contractor License No . j- ^ C Q5/) a I ,(r, ' If Bidder is : An Individual Name (typed or printed ) : r By. (SEAL) (individual 's signature) Doing business as : ' Business address : Phone No . : FAX No . : A Partnership Partnership Name : (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed ) : Business address : Phone No . : FAX No . : A Corporation ' Corporation Name : qL C.O (SEAL) State of Incorporation : _ Type ( Geral Business , Professional , Service , Limited Liability) : G By : (Signa ure -- attach evidenc of authority to sign) Name (typed or printed ) : 1� t" ►'y1p ^ Title : Attest (CORPORATE SEAL) '(Signature of Corporate Secretary) Business address : 41 I &Le6Qv� - ct9,� 10 a 0310 - 7 0378-00310 - Bid Form F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge COONTRACT DOC10378-00310 - Bid Form.doc Rev. 05/01 Phone No . : — FAX No . : _ Date of Qualification to do business is A Joint Venture ' Joint Venture Name : (SEAL) By: ' (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed ) : ' Title : ' Business address : Phone No . : FAX No . : Joint Venture Name : (SEAL) By: ' (Signature — attach evidence of authority to sign) Name (typed or printed) : Title : Business address : Phone No . : FAX No . : Phone and FAX Number, and Address for receipt of official communications : ( Each joint venturor 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 . ) ' * * END OF SECTION 00310 - 8 0378-00310 - Bid Form FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00310 - Bid Form.doc Rev. 05/01 ' SECTION 00430 - Bid Bond ' KNOW ALL MEN BY THESE PRESENTS , that we SHELTRA & SON CONSTRUCTION COD ) INC . 1491. 1 SW Van " Bu ren Avenue :, I nd i antown , FL 34956 (BIDDER'S NAME) as Principal , and GREAT AMERICAN INSURANCE COMPANY (SURETY'S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal ' cffices in t he City of Cincinnati , Ohio and authorized to da business in the State of i Florda , are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER ) in the penal sum of FIVE PERCENT OF AMOUNT OF THE BID Dollars (s. , of BID lawful money of the United States, amounting to 5 % of the total bid price , for the payment of which sum well and truly be made , we bind ourselves , our heirs , executors , administrators , and successors , jointly and severally, firmly by these presents. Whereas said Principal is herewith submitting a Bid dated AUGUST 27 for the construction of: , 20 03 ' Project Name : 264' Street Brid e. Re faceme County Project No , : ,,,.0378 p nt ' Project Address: The Project Is. Located - : , On: . 26:'.h . : Street ,,` `From 74'h ' Avenue To ApproxirnatelY- 800 ' East Of 74�' �Aven'ue Project Description : This Project- Includes. The Construct!an� Of A Three-Lane - Bridbe. Precast Concrete, Three: . Sided ..Box: Cul;vert) ;, : Approxfrrmately : 80Q ; Lf . Of .2= 3 Lane Asphalt. Roadway, ; Storm :. Drainage ' . SySferrim • And° O,t[iei- ' Related hems Requi�ed; ,: For . Construction Alsa: �. The :Pr6ject . includes Closing', 26 `� ' Street During . The Construction Of : : Maintenance Of Traffic Dtaring Constructure Proposed, Bridge And NOW TI:IEREFORE , the condition of the above obligation is such that if the Principal does not withdraw ' said Bid within the period of time set forth in the Bid Documents, and on or before the Fifteenth day atter the Notice of Award, the Principle enters into a written contract with the OWNER in accordance with the Bid as accepted, and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and matcnalm = , then this obligation shall be null and void. Otherwise, the principal and Surety, jointly and severally, shall on or before the sixtieth day afar request by the OWN=R F a to the OWNER the differenec betwccn thty amount specified in said Bid and the amount fol which the 0 an money, Procure the required work if the. IaItcr amount is greater than the former, together with LR may reasonable attorney ices, including appeIlaCc proceedings, 1; y xpense and hereon , but in no event 51a31 Surety ' s liability exceed the penal sum hereof plus luus�such expense brought ' attorney ' s fees. ' IN WITNESS WHEREOF, the above-bound patties have executed this seals this instrument under their several k6ay of AUGUST , 2003 , the name and corporate scaI of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. :IEnpmeenn iCzp1 ProieclslC97a. l00430 - 1 037&00430 . H !d gond Z51h 31rne Bri 4e1°�78-291h �t vel Bride a CONTRAct, 00;,10278-00etoo - 810 Bond .doc Rev, q.W01 WHEN TFIE PRr1VrTPAT TS AN FNDIVM 'UAL : ' Signed, scaled and delivered in the presencc of, Witness Signature of Individual ' Address Printed Name ofIndit� daal ' Witness ' Address WREN T)M1 PIZINCrPAI, TS A SOLE PROPRTETORSRTP OR OPERATES YJNDER A TR4DE OU Signed, sealed and delivered in the presence of Witness Frame of Partnership ' : Address BY Partner Printed Name of partner Witness (SEAL) ' Address � * MSH. rkkwMrrM .► kwM� * * x * * >wM� nkxWwMk� * A. ,kww * ik ,k ,r * MrrM * +k * M * rh * >x # w �kM� W * * wN� ,XN� r * W >M +k � ar +k >Nrk * � * MrN� �k � �ww +N +k * * �NM� * tr.j:TSN TFTE PRINrT-PAT IS A PARTNERSHIP ; Signed, scaled and delivered in the presence of: Witness Name ofPartnershil BY. . 1 Address Partner Printed Name of Partner Witness 00430 - 2 0378-00.430 - 81d Bond :ICngineOnnplCnPllal ProieastiCJy848 (A Slroel Bnaon1037R-MA t Hlmnl Oflft • rONTRArT Mf C }`q.pp,nn . nid n^nr. rwr. a,.,, n :,n , r +vww +nN * +gar * k � * +hM +n . +rhM � .n * w * � +rswwMr * * * wNNrkww * wMrnfi +h * * � �rMrk * * * rkw .k � h * N+ •rash * � * * w +wrk � * * r� +� ,rwh * * w +M TF�E PXD;rTPAL zS A CORPO.RATI ON: A es eeretary Name of Corporation SHELT & SO ONSTRUCT I N C049 INC . ' BY: Corporate SEAL) {Affix i G 1-1 Q 2a 1j & coT K. A rm e ape Official Tive ' CFRTTFTCATC AS TO CORPORATE PRINCIPAL I , c rtify t I am the Seere ' If • dist tory of the corporation named as Principal in the who signed the said bond on behalf of the Principal was thin of said corporation: that I know his signature, and lus signature thereto is genuine ; and that said Bond was duly signed, sealed and attested for and on behalf of Said ' corporation by authority of Is governing body, ' Secretary (SEAL) TO BE EXECUTED BY CORPORATE; ,S 'CIREry; ALI t: S cref:ary Corporate Surety GREAT AMERICAN INSURANCE COMPANY x$ 80 Wa tStreet - Cincinnati , Ohio 45202 Francis T -LAffO' Rea'rdone SEAL) (_knach Power 1A Attorney-Tn -Fact 6 Resident Florida A9 e n t JOHNSON & COMPANY Name of Local Agency 839 N . Magnolia Avenue ) Orlando , FL 32803 Business Address ' 0378-OD430 - Bid Bond .EnOinennnplC�q��1 Proj�azl^]7e•2Eth hreai ynonaL378-2B1h ;tree) O OriCge CON3R CT ryryh0..17R.nna�n . a;A r_ STATm OF FLORIDA, COUNTY OF INDIAN RIVER Before me, a Notary Public , duly comrnissioncd, qualified and acting, personally appeared Francis T . O ' Reardon , .to me well known , who being by me first duly sworn upon oath, says that ' be is the attomey-in-fact for the Great American Insurance Company Great American d that he has bee2t suthotiZed by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the ounty of Indian Rivcr, Florida, Subscribed and sworn to before me this 27TH day of AUGUST 070 03 `tY Pamela P. Smith ' Notary Public , State of Flori � ; MY COMMISSION # DD010949 EXPIRES row: July 21, 2005 My Commission Expires: July 21 , 2005 'RF `' BONDED THRU TROY FAIN INSURANCE, INC ' 1,4A+ +Nfi3ye �' +hX+ R+ +k4e � xt %tgrpMpik � iiexaf � .F +h +kik +kNMirM. .Fd. +� +i � +khN +k +MNe +N .r4 +huh '�"1"k '�"F 'k '!' hMMh +hrh * aK '1t71t7NN +MND * .kk � 7ltk }tMikkY Any claims under this bond slinll be addressed to : Name and address of Surety: GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET ' CINCINNATI , OHIO 45202 Name and address of agent or representative in Florida if di Pfcrent from above: JOHNSON & COMPANY 839 N . MAGNOLIA AVENUE ORLANDO , FL 32803 'fclephonc number of Surcty and agent or representative in Florida : ( 513 ) 369 _ 5000 SURETY 407 843 1120 AGENT .END OF SE, CrrTON + + i . 1 r i r 00430 - 4 0378-00430 - Bid florid GREAT AMERICAN INSURANCE COMPANY® ' Administrative Office : 580 WALNUT STREET • CINCINNATI , OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR POWER OF ATTORNEY No . 0 17617 — 189 KNOW ALL RIEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nonunate, constitute and appoint the person or persons named below its true and lavful attorney-in-fact, ' for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of sureq ship, or other written obligations in the nature then of; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority sliall not exceed the lino [ stated below. ' TODD L. JOHNSON Name Address ALL OF Limit of Power FRANCIS T. O'REARDON ALL ORLANDO, FLORIDA UNLIMITED JOANN H. BEBOUT PAMELA P. SMITH This PoNver of Attorney revokes all previous powers issued in behalf of the attomey(s )-in-fact famed above . IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate ' officers and its corporate seal hereunto affixed this 4TH day Attest of OCTOBER 2002 GREAT AMERICAN INSURANCE COMPANY 1 STATE OF OHIO, COUNTY OF HAMILTON - ss : On this 4TH day of OCTOBER , 2002 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that lie resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of die Bond Division of Great American hat he ' said instrument Company. such corporatelseal ; that described it was so affix d b y autl ority of his office under the By-Lia vs of said Companyows the seal of the . that hes signed his nathat the seal mes theretoby like authority. 1 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1 , 1993 . RESOLVED: That the Division Preridertt, the several Division Vice Presidents and Assistant trice Presidents, or any one of them, be and hereby is authorized. front rime to tine. to appoint one or more Attorneys-in-Fact to execute on behalf of' the Company, as semen; any and al/ bonds, undertakings and ' contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their atrthori>ti ; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid o ficens and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any porter of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, 01- other rother written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Cornpanv as the original signature gfh officer suc and the original seal of the Company. to be valid and binding upon the Company with the scone force and effect as though mnnra!!v offered. CERTIFICATION 1, RONALD C. HAYES . Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the ' Resolutions of the Board of Directors of March 1 , 1993 have not been revoked and are now in full force and effect. Signed and sealed this 27TH day of AUGUST 2003 tS 1029T ( 11/01 ) SECTION 00450 - Public Entity Crimes Affidavit SWORN STATEMENT UNDER SECTION 287 . 133 , FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . t 1 . This sworn statement is submitted with Project No . 0378 for 26th Street Bridge Replacement, 2 . This sworn statement is submitted by ' whose business address is and ( if applicable ) its Federal fdehtification o , ( FEIN ) is . If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement: 3 . My name is r � and my relationship to the entity named above is 4 . 1 understand that a " public entity crime" as defined in Paragraph 287 . 133 ( I ) (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 with 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 misrepresentations . 5 . 1 understand that " convicted " or "conviction " as defined in Paragraph 287 . 133 ( I ) (b) , Florida ' Statutes , means a finding of guilt or a conviction of a public entity crime , with or without an adjudication of guilt , in any federal or state trial court of record relating to charges brought by indictment or information after July I , 1989 , as a result of a jury verdict , non-jury trial , or entry of a plea of guilty or nolo contendere . 6 . 1 understand that an " affiliate " as defined in Paragraph 287 . 133 ( l ) (a ) , Florida Statutes , means : a . A predecessor or successor of a person convicted of a public entity crime ; or b . An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime . The term " affiliate " includes those officers , directors , executives , partners , shareholders , employees , members and ' agents who are active in the management of an affiliate . The Ownership by one person of shares constituting a controlling interest in another person , or a pooling of equipment or income among persons when not for fair market value under an arm's length ' agreement , shall be a prima facie case that one person controls another person . A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate . ' 7 . 1 understand that a " person " as defined in Paragraph 287 . 133 ( I ) ( e ) , Florida Statutes , any natural person or entity organized under the laws of any state of the United States with the ' legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity , or which otherwise transacts or applies to transact business with a public entity. The term "person " includes those officers , directors , executives , partners , shareholders , employees , members and agents who are active in management of an entity . ' 00450 - 1 037&00450 - Public Entity Crimes Affidavit F ;\Englneering\Capital Projects\0378-26th Street Bridge10378-26th Street Bridge CONTRACT OOC\0376-00450 - Public Entity Crimes Affidavit.doc Rev. 05101 8 . Based on information and belief, the statement which I have marked below is true in relation to the e tity submitting this sworn statement. (Please indicate which statement applies ) to the entity submitting this sworn statement , nor any officers , directors , executives , partners , shareholders , employees , members or agents who are active in management of the entity , nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I , 1989 . ' The entity submitting this sworn statement , or one or more of the officers , directors , executives , partners , shareholders , employees , members or agents who are active in management of the entity , or an affiliate of the entity has been charged with , and convicted of, ' a public entity crime subsequent to July I , 1989 , and ( Please indicate which additional statement applies ) ' There has been a proceeding concerning the conviction before a hearing officer of the State of Florida , Division of Administrative Hearings . The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list . (Please attach a copy of the final order) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida , Division of Administrative Hearings . The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. ( Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. ( Please describe any action taken by , or pending with , the Department of General Services ) 1 Signature : 22Da ' 04 '7 at e : � -� STATE OF r lQi COUNTY OF `f1 Personally appeared before me , the undersigned authority, C` ArMrA ho,) 6N� ' wh after first bei g swor by me , affixed his/her signature in the space provided above on this 'Z day of VsA 20 ' Notary Flublic , State at large 4Y P��: Alysa A Comfort � : My Commission Expires : MYCOMMISSIOf�# CC 09615 EXPIRES ',' ' • • • ' d 26, 2004 NRNDER TNRU TROY PAIN INSURANCE: INC i ' * * END OF SECTION 00450 - 2 0378-00450 - Public Entity Crimes Affidavit FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00450 - Public Entity Crimes Affldevit.doc Rev. 05/01 SECTION 00452 - Sworn Statement under Sect. 105 . 08 Indian River County Code on ' Disclosure of Relationships ' THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . ' This sworn statement is submitted with Bid , Proposal or Contract No . 0378 for 26th Street Bridge Replacement Project. ' 1 . This sworn statement is submitted by: hP .I �'f?�t Q- (� eo , I /� , A � /, (Nam f entity su itti g sworn stateme � whose business address is : J.l�l) V 3 _ and ( if applicable ) its Federal Employer Identification Number ( FEIN ) is ( If the entity has no FEIN , Include the Social Security Number of the individual signing this sworn statement � . 2 . My name is . -- aMy" Skel fiy�j (Please print name o>iiryiividl lift,,ing) l and my relationship to the entity named above is 1 P(' e5i 3 . 1 understand that an "affiliate " as defined in Section 105 . 08 , Indian River County Code , means : The term "affiliate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in -law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5 . Based on information and belief, the statement which I have marked below is true in ■ relation to the entity submitting this sworn statement . [Please indicate which statement ap plies .] the entity submitting this sworn statement, nor any officers directors executives , partners , shareholders , employees , members , or agents who are active in ' management of the entity , have any relationships as defined in . Section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement , or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents who are active ' in management of the entity have the following relationships with a County Commissioner or County employee : 00452 - 1 0378-00452 - Disclosure of Relationships FAEngineering\Capital Projects\0378-26th Street Brldge\0378-26th Street Bridge CONTRACT DOC10378-00452 - Disclosure of Relattonships.doc Rev. 05101 Name of Affiliate Name of County Relationship Commissioner or em to ee 2 , 3 , 4 , 5 . 6 , 7 8 . (signature) T, 00 03 ( date) STATE OF COUNTY OF Personally appeared before me the undersigned authority , Athe ^ w fter first be ' savor by me , affixed his/her sign ture i day of t3 . 20space provided above on this ,, ti� Yey •I Alysa A Comfort *: r_ MY COMMISSION # CC909615 EXPIRES Notary Public , State at I rge May 26, 2004 My Commission Expires : P , ° BONDED THRU TROY FAIN INSURANCE, INC r r ' * * END OF SECTION 00452 - 2 0378-00452 - Disclosure of Relationships FAEnglneering\Capital Projects\0378.26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00452 • Disclosure of Relallonships.doc Rev. 05/01 SECTION 00454 = Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ( " BIDDER") , OR ITS AUTHORIZED ' REPRESENTATIVE , IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 , This Sworn Statement is submitted with Project No . 0378 for 26th Street Bridge Replacement Project. 2 . This Sworn Statement is submitted by bEl " - (Legal Name of Entity Submitting Swam Statement) her inafter " I D D E TheAber (('FEIN ) isM =JGQ2qkq DER' address is _ J 9 ;6J L -� BIDDER' s Federal Employer Identification Nu u 3 . My name is rm4 V\ and my relationship to the BIDDER (P nt Name endividual Signing)) is (Position or Title) I certify , through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4 , The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553 . 60 et . sea , Florida Statutes and refer to the applicable Florida Statue (s ) and/or OSHA Regulation (s ) and include the "effective date" in the citation (s ) . Reference to and compliance with the applicable Florida Statute (s ) and OSHA Regulation (s) is the complete and sole responsibility of the BIDDER . Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards , 5 , The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards , 6 , The BIDDER has allocated and included in its bid the total amount of $ E o based on the linear feet of trench to be excavated over five ( 5 ) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method (s ) of compliance on this Project : The determination of the appropriate method ( s ) of compliance is the complete. and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy , completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER 's compliance with the Trench Safety Standards . 00454 - 1 0375-00454 - Florida Trench Safety Act FAEngineering\Capital Projects10378-26th Street Bridge\0376-26th Street Bridge CONTRACT DOC\0378-00454 - Florida Trench Safety Act.doc Rev. 05/01 7 . The BIDDER has allocated and included in its bid the total amount of ' based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s ) of compliance on this Project: The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER . Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER 's compliance ' with the Trench Safety Standards , 8 , The BIDDER , in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that, based on such information and the BIDDER 's own information , the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER 's compliance with the applicable Trench Safety Standards in designing the trench safety system (s ) for the Project . BIDDE By: Position or Title : S td-e t �Q � Date : ' 0' 1 � —�STATE O F 00 r � lig COUNTY OF VY) PPC4 In ' Personally appeared before me , the undersigned authority , , 14Cm � who after first bein sworn b me , affixed his/her si natur pf e In the space provided above on this day of 2p U AlysaAComfort Notary Public , State at large . .a MYCOMM(SSION # CC909615 EXPIRES May 26, zona My Commission Expires :: •` BONDED THRU TROY FAIN INSURANCE. INC r * * END OF SECTION i ' 00454 - 2 037&00454 - Florida Trench Safety Act FAEngineeringlCapital Projectsk0378-26th Street Bridgek0378-26th Street Bridge CONTRACT DOC10378-00454 - Florida Trench Safety Act.doc Rev. 05101 SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS , UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy ' of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No : 03.78 Project Name : 26 ' BRMOE"'kEPLACEMENT 1 , Bidder' s N^ale / Addr s : S hal n � ) c , 2 . Bidder's Telephone & FAX Numbers : . b 3 . Licensing and Corporate Status : a . Is Contractor License current? b . Bidder' s Contractor License No : License to the bid] — [Attach a copy of Contractor's c . Attach documentation from the State of Florida Division of Corporations that indicates the business entity' s status is active and that lists the names and titles of all officers . 4 . Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 5 . What is the last project OF THIS NATURE that the firm has completed ? 6 . Has the firm ever failed to complete work awarded to you ? [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number for each project in which the firm failed to complete the work . ] 7 . Has the firm ever been assessed liquidated damages ? ' [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner , and the Owner' s telephone number for each project in which liquidated damages have been assessed . ] ' 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations ? [ If your answer is " yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which OSHA violations were alleged .] 00456 - 1 0378"00456 - Qualifications Questionnaire FAEngineering\Capital Projects\0378.26th Street Bridge\037B-26th Street Bridge CONTRACT DOC\0378-00456 - Quallficatlons Questionnaire.doc Rev. 05/01 r 9 . Ha the firm ever been charged with noncompliance of any public policy or rules ? ' [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project . ] r10 . Attach to this questionnaire , a notarized financial statement and oth r inform do(� �th- at documents the firm ' s financial strength and history. L (off W�ii\ ll Pro1/ r� 11 . Has the firm ever defaulted on any of its projects ? ' [ If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which a default occurred .] ' 12 . Attach a separate page to this questionnaire that summarizes the firm ' s current workload and that demonstrates its ability to meet the project schedule . ' 13 . Name of person who inspected the site of the proposed work for the firm : Name : 0 1 L K () STe 10 Date of Inspections : r14 . Name of on -site Project Foreman : ' Number of years of experience with similar projects as a Project Foreman : 15 . Name of Project Manager: Number of years of experience with similar projects as a Project Manager: ' 16 . What is the firm ' s bonding capacity? L4l., l „� ® ( � (C� Qto 2 (90 [The remainder of this page was left blank intentionally] 1 r r r r 00456 - 2 037&00456 - Qualifications Questionnaire F :\Engineering\Capital Projects\0378-26th Street Bridge10378-26th Street Bridge CONTRACT DOC1037B-00456 - Qualifications Questionnaire.doc Rev. 05/01 Sheltra & Son Construction Co . , Inc . January 31 , 2003 ' Item 4 - Accounts Receivable from Uncompleted Contracts ' Amount of Amount Amount Retainage Exclusive of Designation of Contract Contract Earned Received Amount Retainage ' City of Port St . Lucie 121 SE Port St. Lucie Blvd . Port St . Lucie , FL 34984 - 5099 $ 419283645 $ 4 ,4701491 $ 4 , 410 , 239 $ 57 , 121 $ 31131 ' Dickerson , Florida , Inc . P . O . Drawer 719 Stuart, FL 34995 $ 622 , 303 $ 309 , 546 $ 118 , 989 $ 30 , 955 $ 159 , 602 The Morganti Group 1800 Austrailian Ave . , Ste 302 West Palm Beach , FL 33409 $ 2 , 6392484 $ 1 , 017 , 700 $ $ 92 , 370 S 925 , 330 Smith & Co . ' 2400 S . E . Federal Hwy , Suite 220 Stuart, FL 34994 $ 31744 , 077 $ 21522 , 863 $ 1 , 983 , 570 $ 252 , 286 $ 287 , 007 St. Lucie County 2300 Virginia Ave . Fort Pierce , FL 34982 $ 236 , 335 $ 148 , 353 $ $ 14 , 745 $ 133 , 608 Loxahatchee River District 2500 Jupiter Park Drive ' Jupiter, FL 33458 - 8964 $ 1 , 491 , 789 $ 244 , 817 $ 119 , 995 $ 24 , 482 $ 100 , 340 Suntree Partners 7640 N . Wickham Road Melbourne , FL 32940 $ 636 , 295 $ 577 , 820 $ 3467179 $ 572782 $ 173 , 859 $ 14 , 298 , 928 $ 93291 , 590 $ 63978 , 972 $ 529 , 741 $ 1 , 7822877 acY# 0, 4591 9 5 STATE OF FLORIDA ' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L020617011 09 / 1 - rGCOS702f; ' The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS . Expiration date : AUG 31 , 2004 TAYLOR , MATTHEW BELLOWS SHELTRA & SON CONST CO INC 14911 SW VAN BURAN AVE P 0 BOX 336 INDIANTOWN FL 34956 ' JEBBUSH GOVERNOR KIM BINKLEY - SEYER GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY [NOTE : If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a tractor.] _. BYL z::: Signature ) c.� ( Pos4 itron or Title ) D * * END OF SECTION ( Date ) ' 0378-00456 - Qualifications Questionnaire 00456 - 4 F:1Engineering\Capital Projects10378-26th Street Bridgel0378-26th Street Bridge CONTRACT DOC10378-00456 - Qualifications Questlonnaire.doc Rev. 05/01 SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform ' work under this Contract in excess of one-half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be allowed unless approved by Indian River County after a ' request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request . Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No . 0378 for 26TH STREET BRIDGE REPLACEMENT ' Work to be Performed Subcontractor' s Name/Address ' 2 . 1 3 . 4 . 5 . 6 . 7 . ' 8 . 9 . ' 10 . ' 11 . 12 . ' 13 . 14 . ' 15 . ' 16 . 17 , Note : Attach additional sheets if required . * * END OF SECTION ' 00458 - 1 0378-00458 - List of Subcontractors FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT 0000378-00458 • List of Subcontractors.doc Rev. 05/01 SECTION 00520 - Agreement ( Public Works) TABLE OF CONTENTS Title Page ' ARTICLE 1 - WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE2 — THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE3 — ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . 0 . . . 0 . . . 2 ARTICLE 4 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . I . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE5 — CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 6 — PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 — INDEMNIFI CATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' ARTICLE 8 — CONTRACTOR ' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 9 — CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . obese . S ARTICLE10 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 rTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] ' 0378-00520 - Agreement (Public Works).doc 00520 - 1 F:\Engineering\Capital Projects\0378-26th Street Bddge\0378-26th Street Bridge CONTRACT DOC\0378-00520 - Agreement (Public Works).doc Rev. 05/01 SECTION 00520 - Agreement ( Public Works ) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , (hereinafter called OWNER) ' and SHELTRA AND SONS CONSTRUCTION CO . , INC . (hereinafter called CONTRACTOR) . OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth , ' 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 : This project includes the construction of a three-lane bridge ( Precast Concrete Three Sided Box Culvert) approximately 800 LF of 2-3 lane asphalt roadway, storm drainage system and other related items required for construction . Also , the project includes closing 26th Street during the construction of the proposed bridge and maintenance of traffic during construction . 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 : ' Project Name : 26th Street Bridge Replacement County Project Number: 0378 Project Address : 26 thStreet from 74th Avenue to approximately 800 feet east of 74 Avenue ARTICLE 3 — ENGINEER ' 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER 's representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ARTICLE 4 - CONTRACT TIMES ' 4 . 01 Time of the Essence ' A . All time limits for Milestones , if any, Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. ' 0378-00520 - Agreement (Public Works).doc 00520 - 2 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00520 - Agreement (Public Works).doc Rev. 05/01 4 . 02 Days to Achieve Substantial Completion and Final Payment ' A. The Work will be substantially completed on or before the 120th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions (and Supplementary Conditions is applicable ) , and completed and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions (and Supplementary Conditions is applicable ) on or before the 30th day after the date of substantial completion . The period for substantial completion includes a procurement ' period will end 60 days after the date when the Contract Times commence to run . Note that the bridge will be allowed to be closed to vehicular traffic for a period not to exceed 60 days . This 60-day period will begin the first day the bridge is closed and the time clock for t this period will not stop until the bridge has been declared substantially complete and is open for traffic on a continuous basis . Brief intermediate bridge openings will not stop the 60-day time clock . If the bridge is closed to vehicular traffic for more than 60 days , special liquidated damages for bridge closure will begin as provided in paragraph 4 . 03 , herein . 4 . 03 Liquidated Damages t A. CONTRACTOR and OWNER recognize that time is of the essence for 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 (and Supplementary Conditions if applicable ) . The parties also recognize the delays , expense , and difficulties involved in proving in a legal 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 $ 1 , 000 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for ' Substantial Completion until the Work is substantially complete . After Substantial Completion , if CONTRACTOR shall neglect , refuse , or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER , ' CONTRACTOR shall pay OWNER $ 1 , 000 . 00 for each calendar 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. Additionally, if the bridge is closed to vehicular traffic for period exceeding 60 days , then CONTRACTOR shall pay OWNER ' $ 1 , 000 . 00 for each calendar day that expires after the allowed 60-day bridge closure period . tARTICLE 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 paragraph 5 . 01 . A and summarized in paragraph 5 . 01 . B , below: ' A. For all Work , at the prices stated in CONTRACTOR's Bid , attached hereto as an exhibit. B . THE CONTRACT SUM subject to additions and deductions provided in the Contract : ' Numerical Amount: $ 1,128 , 084 . 15 Written Amount: ONE MILLION ONE HUNDRED TWENTY EIGHT THOUSAND EIGHTY FOUR DOLLARS AND FIFTEEN CENTS ' 0378-00520 - Agreement (Public Works).doc 00520 - 3 F:\Engineering\Capltal Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00520 - Agreement (Public Works).doc Rev. 05/01 ARTICLE 6 - PAYMENT PROCEDURES ' 6 . 01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions . ' 6 . 02 Progress Payments; Retainage ' A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided in paragraph 6 . 02 .A. 1 below. All such payments will be measured by the schedule of values established 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 . 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 , in accordance with paragraph 14 . 02 of the General Conditions : a . Ninety percent (90 % ) of Work completed (with the balance being retainage) ; and b . Eighty percent (80% ) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage ) . 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 = INDEMNIFICATION t7 . 01 CONTRACTOR shall indemnify OWNER, ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 = CONTRACTOR ' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the ' following representations : A. CONTRACTOR has examined and carefully studied the Contract Documents and the ' other related data identified in the Bidding Documents . B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost, progress , and performance of the Work . C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost, progress , and performance of the Work. 0378-00520 - Agreement (Public Works).doc 00520 - 4 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00520 - Agreement (Public Works).doc Rev. 05/01 1 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 . E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having ' done so) all 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 applying the specific means , methods , techniques , sequences , and procedures of construction , if any , expressly required by the Contract Documents to be employed by CONTRACTOR , 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 00520- 1 to 00520-8 inclusive ) ; ' 2 . Performance Bond ( pages 00610- 1 to 00610- 5 , inclusive) ; 3 . Payment Bond ( pages 00612- 1 to 00612-5 , inclusive ) ; ' 4 . General Conditions ( pages 00700- 1 to 00700-45 , inclusive ) ; 5 . Supplementary Conditions ( pages 00800- 1to 00800- 13 inclusive ) ; 6 . Specifications as listed in the table of contents of the Project Manual ; 0378-00520 - Agreement (Public Works ).doc 00520 - 5 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378.00520 - Agreement (Public Works).doc Rev. 05/01 7. Drawings consisting of a cover sheet and sheets numbered 1 through 40 , A-1 through A-7 and B- 1 through B-9 , inclusive , with each sheet bearing the following general title : 26 Street Bridge Replacement; 8 . Addenda (numbers to , inclusive) ; ' 9 . Exhibits to this Agreement (enumerated as follows ) : a . Notice to Proceed ( pages 00550- 1 to 550-2 , inclusive) ; b . CONTRACTOR's Bid (pages 00310- 1to 00310-8 inclusive) ; ' c. Statement of Public Entity Crimes (pages 00450- 1 to 00450-2 , inclusive) ; e . Sworn Statement Under the Florida Trench Safety Act (pages 00454- 1to 00454-2 , inclusive) ; f. Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships (pages 00452- 1 to 00452-2 , inclusive) ; g . Section 00456 — Qualifications Questionaire (page 00456- 1 to 004564 , inclusive ); h . Section 622 — Contractor's Application for Payment (pages 0622- 1 to 00622-51 inclusive) ; i . Section 00632 — Contractor's Final Certification of the Work ( pages 00632- 1 to 00632-2, inclusive ) ; j . Section 0634 — Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work ( page 00634- 1 ) ; 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a . Written Amendments ; b . Work Change Directives ; c . Change Order(s ) , 11 . Contractor's Final Certification of the Work (page 01810- of the Specifications ) . ' Be 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 . 0378-00520 - Agreement (Public Works).doc 00520 - 6 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00520 - Agreement (Public W orks).doc Rev. 05/01 r ARTICLE 10 = MISCELLANEOUS ' 10 . 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions . 10 . 02 Assignment of Contract rA. 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 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 r 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 Venue A. This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit ' brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . 1 [The remainder of this page was left blank intentionally] 1 1 1 1 r 0378-00520 - Agreement (Public Works ).doc 00520 - 7 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00520 - Agreement (Public Works).doc Rev. 05/01 IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in 1 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. IThis Agreement will be effective on /Uoyernbe r / 8, 20 03 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement) . OWNER: CONTRACTOR : ' INDIAN RIVER COUNTY + r � ^ w By: B airman l (ConT t ) lie l +Y a. , P. e.s By: Ct ( CORPORA E SEAL) Jame E . Chandler, Coun Ad i istrator Attestv// ' APXOAS . O F LEGAL SU r By: William tbllins , I , my Attorney Address foLqlving notices : r Jeffrey K. Barton , Clerk of Court License No . ,r ran 10 3� Attests (Where applicable) (SEAL) ' Deputy"Clerk ;� Agent for service of process : Designated Representative : Name : Christopher J . Kafer, Jr. , P . E . Designated Representative * Title : County Engineer Name : 1840 25th Street Title : r Vero Beach , Florida 32960 Address : (772) 567-8000 , ext. 1221 © .33C, Facsimile : (772) 778-9391 Mind ` Phone : 111 � 2. �4 ) —:S ) Facsimile : I 7 "S� j _ �{ a t� ( If CONTRACTOR is a corporation or a ' partnership , attach evidence of authority to sign . ) ' * * END OF SECTION 0378-00520 - Agreement (Public Works).doc 00520 - 8 F.\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00520 - Agreement (Public Works).doc Rev. 05/01 tc# 1122295 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L03100906384 ' ' - LICENSE NBR 710 / 09 / 20031030231479 CG0003558 ! ' The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS . Expiration date : AUG 31 , 2004 SKELTON , RONALD L SHELTRA & SON CONSTRUCTION CO INC 14911 SW VAN BUREN AVE INDIANTOWN FL 34956 If i ' JEB BUSH GOVERNOR DIANE CARR DISPLAY AS REQUIRED BY LAW SECRETARY 1 1 " t;1�'�5*'r.� s���x c��'�'^"' k€�`$�r" `� �"£➢s x�W�, � ° k r��Rro" '�"' :� �r�" a�"G'� �{�.;� c.,�'� �'�Lg w 4 s - �3'�1�1'sz+r�:' }itJ: � x� �•. � b�� � � b. �� ���. 2�Ga %- Fs�*Auk"y �s�k �`{���.«q� �$x "�y r«mKbsb�•�R„ � Wx• r� J l 1 4N �" < ,g„ _ �! as. Yr s K 1 n'p". {�h. K�'z gp z`t�� �� �y •�ryj✓f�" 2 a �& � �Y �-.n f �' E. '4":`< d'�p '++"ay � p �` _ � �,ds�&"'-����� it"t'r w°t s F,9 Y yea do 1 • • 1 � 1 1 1 � • : . • - • 1 � • 11111 rev Ilk • • . • - • • • . • • 1 1 : 11elm Oki 21 youl 1 ej tomm 8 majosm NJ . 1 ' 1 111 • • ' 1 1 • • : . • . DRAW . . . • . i i i ' 1 11 sz d3q'•3 - : �4 '� '� Y '°'�WN, i �*. y % �r � ��' ,-bra 1 • • 1 SECTION 00550 - Notice to Proceed Dated February 4 , 2004 [Certified Mail -. Return Receipt Requested] ' TO : Sheltra and Son Construction Co . , Inc. ' ( ADDRESS : ( BIDDER) 14911 SW Van Buren Avenue ' Indiantown , FL 34956 1 Contract For: 26th Street Bridge Replacement Project ( Insert name of Contract as it appears in the Contract Documents) rProject : 0379 OWNER's Contract No . r ' You are notified that the Contract Times under the above contract will commence to run on February 16 , 2004 . By that date , you are to start performing your obligations under the Contract Documents , The contract has allocated 120 days for the completion of this project , In accordance with Article 4 of the Agreement the date of Substantial Completion is June 16 , 2004 and the date of readiness for final payment is July 17 , 2004 . ' Before you may start any work at the site , paragraph 2 , 05 . 0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured ) certificates of insurance which each is required to purchase and maintain in ' accordance with the Contract Documents , Also , before you may start any Work at the Site , you must : (add other requirements , if applicable) INDIAN RIVERZOUNTY ' OWNER l ,l / Jr By: hristoph J . Kafe ; . E . , y Engineer ' County Engineer END OF SECTION 0378-00550 - Notice to Proceed 00550 - 1 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00550 - Notice to Proceed.doc Rev. 05/01 1501276 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN ' RIVER CO FL , BK : 1672 PG : 1265 , 12 / 17 /2003 10 : 13 AM ' FRONT PAGE Attached to and part of Bond Rider No: 4075165 In Compliance with Flodds Statute Chapter 255. 05 f1) fa), Public Work. A# other Bond Royals) are deemed subsequent to this page regardless ' of any page numberfsl that may be preprinted thereon. Contractor Name: SHELTRA & SON CONSTRUCTION CO., INC. Contractor Address: 14911 SW VAN BUREN AVENUE INDIANTOWN, FL 34956 ' Contractor Phone No. : 772-597-3180 Surety Company: GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET CINCINNATI, OHIO 45202 Surety Phone No. : 513-369-5000 Owner Name: INDIAN RIVER COUNTY, FL 2625 197N AVENUE VERO BEACH, FL 32960-3335 Owner Phone NO. : 772-567-8000 ' Obligee Name: N/A (if contracdng entity is different from the owner, the contracting public entity) Obfgee Address: N/A Obligee Phone No. : Bond Amount. $ 1,4100105. 19 Contract No. (ff appricable) BID NO. 5101 Description of Work: 26tH STREET BRIDGE REPLACEMENT PROJECT Location: INDIAN RIVER COUNTY, FL Legal Description: A TRUE COPY CERTIFICATION ON LAST PAGE ' J . K. BARTON . CLERK BK : 1672 PG : 1266 SECTION 0069 0 as Performance Bond ' KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we ' SHELTRA ?; SON CONSTRUCTION CO . INC . 14911 Sw VAN BUls � as Principal INDIANTOWN FL 34956 ( 777 ) 597 - 3180 (Contractor), (Insert name, principal business address, and telephone number of PrincipaVContractor) and GREAT AMERICAN INSURANCE COMPANY 5 0 WALNUT STREET. CINCINNATI QHin 497n? ( 513) 3AS . 5nnn , a corporation, ' as Surety. (insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1840, 25th Street, Vero ' Beach, Florida 32960, (772-5674000), In the SUM Of ONE MILLION FOUR HUNDRED TEN THOUSAND ONE HUNDRED FIVE 8 19ars ($ 1 ,410 , 105 . 19 ) amounting to 125% of the total bid price. For the payment of said sum we bind ourselves , our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contracts dated the day of entered into between the Principal and the County of Indian River, for. Bond Number. 407516 1 . •• yY1Vl•• Prdject Name: 2.. 5. .treetxBridge'Replkr@m.ent County ProJectNg2ber•03eE; from , 4'" `Avenue �to :.ar rnate(�'` , 800L, Mitt 'e' ast. of. PectAddress PP. • . y roJ . . _ .; , . . ,. •. Avenue r �uR : -• . . . . � three=lane -brill e Prft ojed C pfia :<�Tliis ,prated,includes.•tFieticonsfruch'on of e~ , :. . . . g ' (Pr"Y14 t:Concrete tlree 'Sidetl� Boit Ci lve>t �approxiinafel 1800 (aneiaspwt hejectsCncirJdes�ciosiag 26Stxeet dunng�the-, const(ydrog ".ofthe proposed(}bridge a. ,malntenance,oftraff�d�liclg,cogst�ctf`o� A copy of said Contract Is incorporated herein by reference and is made a part hereof as If fully copied herein. Florida amended from e to time, together with notice and time provisions ns contaSection in dOthere(2002), is n incorporated herein n its entirety by this reference. NOW , THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contraef Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County. of Indian River ' against and from ail expenses, damagess injury or conduct, want of care of skill, negligence or default. Including patent infringement on the part of the Principal, his agents or employees , In the execution or performance of said Contract, including errors in the Drawings furnished by the 037MOSIC - Performance Bond ' 00610 - 1 F:1C7,pnwMp7C'aDtral p,t,JaytCl7&ffiIn SbNi &Ie0alt3redEN SIReI Knape CONTRnCT pp.'�0]76.00610 - PtrflHrRf,IA bm6Aec ,yv.0Y07 A TRUE COPY CERTIFICATIOWON LAST PAGE J . K . BARTONt CLERK r Rx Date/ Time JAN-30-2004 ( FRI ) 10 : 04 HO 002 Jan , 30 , 2004 9 LOAM No ' 2504 P 2 ' Principal , and further, if the Principal shall promptly make payments to all who supply him with labor andfor materials used directly or indirectly by the Principal in the prosecution of the Work . . provided for in said Contract, then this obligation shall be null and void ; otherwise , the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or ' consequential , including reasonable attorney's fees (including appellate proceedings ) , which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND , the said Principal and Surety hereby farther bind themselves , their successors ; executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts , damages , costs and ' judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising fmri the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material fumished or work done , as aforesaid or otherwise . Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the .Contract are expressly covered by and made a part of this Bond . Principal and Surety acknowledge that any such provisions lie within their obligations and within ' the policy coverages and limitations of this Bond . AND , the said Surety, for value received, hereby stipulates and agrees that no change , extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or drawings accompanying the same, shall in any way affect its obligations on this Bond , and it does hereby waive notice of any such change , extension of time , alteration or addition to the terms of the Contract or to the Worts or to the ' Specifications or Drawings. ]Select either SUBSTANTIAL or FINAL completion in the paragraph below) AND , the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Q 9MAWIFIhal Completion as established on the Certificate of � dal Completion as issued by the County of Indian River, Dy ' IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, thisday of , 20,_.,,, the name and corporate seat of each corporate party being hereto affixed and these presents duly signed by its undersigned representative , pursuant to authority of its governing body. ' [The remainder of this page was left blank intentionally] ' 037&00510 - Perf0f==6 Bond 00610 w2 F:fEnpineerlrplCsa4sl PtoJeGs1:3t4,T6tn SUeet fk;0Ue1GS:8.281T Slreel BAtlpe GOMT� 176 ,90G1 � - petoro'nnce 8cna.sx Rs ' DE.'01 BK : 1672 PG : 1268 WHEN THE PRINCIPAL IS AN INDIVIDUAL: ' Signed , sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual ' Witness Address WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE _ NAME: Signed, sealed and delivered In the presence of: Witness Name of Partnership BY: Address Partner tPrinted Name of Partner Witness (SEAL) ' Address ' [The remainder of this page was left blank Intentionally] 037"0610 - Pei fommnee Bond ' 00810 - 3 F:1EMIrwulnO�dW 1620Ih Sired edapelo316.2em 9UaM Belau. GONTRALT 00gg7b-M70 • PMom+rrcv BandAot Rev. eSNt { A TRUE COPY CERTIFICATIONON' LAST PAGE JX BARTON , CLERK BK : 1672 PG : 1269 EN THE PRINCIPAL IS A PA N ERS IP• ' Signed, sealed and delivered In the presence C& Witness Name of Partnership ' Address BY: Partner ' Printed Name of Partner Witness (SEAL) Address www..ww.w...wa. wwww..w...+++ww.w��yr�s+ rrrwwfw►wwwwwwvw.www....w.w�...w..,w.w WHEN THE PRINCIPAL IS A CORPORATION: Attosty SHELTRA E SON CONSTRUCTION CO . INC - Secretary Name of C orad n BY: e/ (Affix Corporate SEAL) t cNn � 9 S � E �z2A Printed Name Pr�� � raEr� � Official Title r_I 1 . ]The remainder of this page was left blank intentionally] '' tc3 '^ ; %© 037"0610 - Perkmance Bond ' 00010 - 4 f1frlPnwNnplGgld Pro1.= O1764e1n 96ed eeapavarx-zem 9trwt BnCpw CONTHA,'T 00..'1617600810 • Peefvm+nee 9on6.oae Pw, eS07 r A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTONr CLERK BK : 1672 PG : 1270 CERTIFICATE AS TO CORPORATE PRINCIPAL F th§t I irn the Secretary of the corporation named as ' Principal in the within bond; that who signed the said bond on behalf of the Principal was then of said corporation: that ,l ,know,, his signature, and his signature thereto Is genuine; and that said Bond was duly signed, paligd; c; file and attested for and on behalf of Said corporation by authority of Its governing body. ," t ! t � r RZ . ; Secretary TO BE EXECUTED BY CORPORATE SURETY: •, "S Attest: ' Q�/��wx/ �, GREAT AMERICAN INSURANCE COMPANY acretary Corporate urety 580 WALNUT STREET , CINCINNATI , OHIO 42202 Business Address (Affix Corporate FRANCIS T , O ' REARDON , ATTORNEY - IN- FACT RESIDENT FLORIDA AGENT Attorney-In-Fact bat JOHNSON E COMPANY Name of Local Agency =` . ' ' 839 N . MAGNOLIA AVE . . ORLANDO ;' Fri{�28 33*,' t . r . Business Address STATE OF FLORIDA ' COUNTY OF INDIAN RIVER Before tree, a Notary Public, -duly commissioned , qualified and acting , personally appeared Francis T . O ' Reardon , to me well known, who being by me first duty sworn upon oath, says that he is the attomey-in-fact for the Great Amer i can I nsurance Qmd that he has been ' authorized byGreat American Insurance Co . to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida, Subscribed and sworn to before me this ,_ day of 20. 03told —• ' n KILNootary Public, UbeMda Pam+eb P. Smith r t DDOID949 E)MS July 21 , 2005 tit IUN 21loos My Commission EXpires: wnotowwnornApNwsvwittvtc ' •w..�..s....�....e�.++Yares.rw..........4w++w....w.«..w.........ar.►►ww.wv..w.....++rrrw.w.+,r.er.w.v C378.ODSIO - Perfwman= Bond ' 00810 - 5 F:Ic�mnamnpL-ab�l Proi����+ sv..t &+dpetaTs•2aln sveet anape COMRnC' G�^t]7eaaeto . a:(emvnz asie.m: Pc. �t ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1672 PG : 1271 Any claims under this bond shad be addressed to: Name and address of Surety: GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET ' CINCINNATI , OHIO 45202 Name and address of agent ' or representative In Florida if different from above$ JOHNSON & COMPANY 839 N . MAGNOLIA AVENUE ORLANDO , FL 32803 Telephone number of Surety and agent or representative in Florida: 5( 13 1 369 _ 5000 ( SURETY ) .. 800 331 3379 ( AGENT ) * * END OF SECTION • ' 0378-00610 - Performance Bond ' 00610 - 6 fAen01nMNNM1GWa Plvjapc1m70d/CI SinN 9�WONO77626m SltaelOAdpe CO/tTRACT ppfbi7F00010 . VMamonc� Oond.dx RM. 05ID1 ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK J BK : 1672 PG : 1272 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513368.5000 0 FAX 513723-2740 ' The number of persons authorized by this power of attorney is not more than FOUR No, 0 17617 —263 POWER OF ATTORNEY KNOW ALL MEN BY THESEPRESIZNTS: That the GREAT AMERICANINSURANCE COMPANY, 2corporation organized and existingunder and by vitae of the laws of the State of Ohio, does hetebv nominate. constitute and appoint the person or persons named below its true and lawful anomey-in-fact. for it and in its name. place and stead to execute in behalf of the said Company, as surety. my and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power TODD L JOHNSON ALL OF ALL FRANCIS T. O'REARDON ORLANDO. FLORIDA UNLIMITED JOANN H. BEBOUT PAMELA P. SMITH ' This Power of Attorney revokes all previous powers issued in behalf of the anorneyts}in-fact famed above. iN WiTNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4TH day of OCTOBER 2002 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 4TH day of OCTOBER. 2002 before me personally appeared DOUGLAS R. BOWEN. to me known. being duly swum, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Gram American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the wild instrument is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company. and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Cram American Insumnce Company by unanimous written consent dated March 1. 1993. RESOLVF,D: Thar the Division President. the .mretal Division Vice Presidents and elssistatu 11ce Presidenm or any one of them. be and heretic is aiahoriced. ,from time to rime, to appoint one or more Aaorne.vs-in-Farr to exeaae an behalf of rhe C'ompamv. as starry, any and all bonds. tafdertakings mail contracts of surerwhip, or other wrinen obligations in the nature theirof,' to prescribe their respeciivr dotics and the respective limits of their authority; and to mooke anv such appointment at any time. RESOLVED FURTHER: That the Company seal and the signanur of anv of the aforesaid officers and any Secreran• or Assistant Secretary of the Cotitpativntaybeaffiredbyfacsimilereanypowerofationit arecrrificareofrithergivetforrliee.recutionofaarvbondundertrtking. cotirmetursuretyship, ar other srrfttet obligation in the no umthereof, such signanur and seal when so used being heirby adopted by the Compmry as the original signature of such officer and the ariginai sral of rhe Company, to be valid and hinding upon the Company with the saner force, and effect at though manualiv a fired. CERTIFICATION L RONALD C. HAYES. Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Atmmey and the Resolutions of the 66htd of Directors of March 1. 1993 have not been revoked and are now in full force and effect. . :SirvA mprsealed this day of ' 'rJ. . %, :Teale S 1029T (11101 ) iA TRETE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1672 PG : 1273 ' SECTION 00612 It, Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND , we SHELTRA t: SON CONSTRUCTION CO . INC . 1 911 SW VAN BUREN AVENUE INDIAN OWN , FL 34956 7 - 31 0 as Principal (Contractor), (Insert name, principal business address, and telephone number of PrincipaXontractor) ' and GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET ' CINCINNATI , OHIO 45202 ISM ) 369- 5000 a Corporation, as Surety, Onsert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River,, Florida, 1840, 25th Street, Vero Beach, Florida 32960 , 561-56741000) 0 In the sum ofONE MILL10 ONE HUNDRED TWENTY EIGHT THOUSAND EIGHTY FOUR 6i�1�S� M& (S 1 , 128 , 084 . 15 ) amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns , Jointly and severally, for the faithful performance of a certain written Contract, dated the day of , 20 , entered into between the Principal and the County of Indian River, for. Band Number. 4075165 pmgect'Narrae , °SfreeE$�fdge`R`epfa�ertterit ' P . :,.:CountYI?rojectNumbdro:= Project •Addi ess;1 , 6' ,Streei ,froiii.,,7 Ave•'iiue =to';sapproximatey, 800.', aet oe'ast "of, 7 Avernie .: i ; `• t =j . .; •. . •. �%.. .aA -P � •. � �� . �... ... .rr� ••"'in;.� sln.r�,..., . . - .. Prolect:�Descri tion: Thisr ro ecfl•rncludes tie: co `^ " P : p. 1 nstrnctionr.• o a tfiree-laneli edge (Pr i 7C..on te3Three'Std'ed'}BweCulvert); appr"azim'ateT OO :F � ' - f as aR F af.;2=3 lane road ;�storrti iirai a e$'�/r$ �' � ' i ' + .+ •tY., , p , way n• g teirran` otherelated',fternsregyi�e�'f'oGconslrucfiociLgisc fyrr.�•. ya 1 • • , RI• N. +•. +•�t:,1M. hYi /� ,,. , . y. r'yy.:, : �. , :� ., ! the project incfudi:siclosing 26;,�StreeY;duingthe .gonstm�ctionof; iheproposed�brfdge and7naitttenanice oftraf c durirgxonstrr�ctir;gE A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully ' copied herein . 0378-00812 - Payment Band ' FAt&4mmtr"Cap" PraiadA 77n-21M !asst Brldac=7WaN stmet Smog =NNTR = 00=7/-0=12 , g,n�nl Manama Rev, MIM A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1672 PG : 1274 NOW THEREFORE, E CONDITIONS E RE, TH NDIT NS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this ' obligation shall be -void; otherwise, this Bond shall remain In full force and effect, subject to the following terms and conditions: 1 . A claimant, as defined in Florida Statutes Section 255.05( 1 ), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Contact 2. Florida Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained thereln , is incorporated herein in Its entirety by this reference. The Surety, for value received , hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder ' or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change , extension of time, alterations of or addition to the terms of the Contract, or to the Work or to the Specifications. The Surety represents and warrants to the County of Indian River that It has a Bests Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principe! and Surety jointly and severally, agree to pay the County of Indian. River all losses, damages, expenses , costs, and attorney's fees , Including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF, the above bound parties executed this Instrument under their several seals, this day of , 20_, the name and. corporate seal of ' each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of Its governing body. iM"rMrrw rrwww+ww�Mrr"rw«r•"+++r�+wrw.++ WHEN THE PRINCIPAL IS AN INDIVIDUAL• Signed , sealed , and detivered in the presence of: Witness Signature of Individual Address Printed Name of individual Witness Address 037640612 • Payment Bond On612 - 2 f.4Enp1nrennptGadi9 PrpjeGa1pS762lCt Epsd Bdep"AC77B-7Btn Street 6i0pc cortTRAC7 t10=73me12 . va,nrnt xna.dx nes. o51ot ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1672 PG : 1275 WHEN THE PRINCIPAL ISA SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME ' Signed, sealed and delivered in the presence of: ' Witness Name of Entity BY: Address Principal ' Printed Name of Principal Witness (SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness ' (SEAL) Address 0378-00612 - Payment Bond ' 00612 . 3 f1EnpneeM61GWW Pno,'ec1s107T67Mb 91nr1 De0M10378.?BQt Sir"' &IEpa pMRAV DOCC37"0612 • POymeN 6o�a.aoa Rn- 0=1 ' A TRUE COPY CERTIFICATION POP' LAST PAGE J . K . BARTON , CLERK BK : 1672 PG : 1276 WHEN THE PRINCIPAL IS A CORPORATION: ' A SHELTRA a; SON CONSTRUCTION CO . . INC . Secretary Name of Corporation BY: ' (Affix Corporate SEAL) �IGuAR.D S Uc � 't � � Printed Name ' P0g S I0 &, P T Official Tltle. _CERTIFICATE AS TO CORPORATE PRINCIPAL ' l ce the l the Secretary of the corporation named2S Principal in the within bond; that , who signed the said bond an behalf of the Principal was then of said corporation: that I know; his signature, and his signature thereto is genuine; and that said Bond was duly signed, seated, ' and attested for an o behalf of S id rporation by authority of Its governing body. Secretary ,. .o� TO BE EXECUTED BY CORPORATE SURETY: t Attest: t✓ .Wo GREAT AMERICAN INSURANCE COMPANY Secretary Corporate Surety SRn WAI NIIT "• TgFFT r r Nr wyAT I , nu i n Lz9r» . Business Address " . Affix Corporate alig, ` FRANCIS T . 0 ' REARDON , ATTORNEY - IN - FACT , RFSInFNT tonornA ArFtiT Attorney-In-Fad , <. JOHNSON 6 COMPANY Name of Local Agency ' 839 N . MAGNOLIA AVE - , ORLANDO , FL 32803 Business Address 037&ODS12 • Payment Bond ' 00612 - d F161ptreeAr!DCadW PrCpOW'I7B86th Shear Bdrt2a4D7T64AtA elraer Dnape CONTsrACT pxC7B-00612 . PeTlrent eanc.ttx R"' 05M A TRUE COPY ' CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1672 PG : 1277 - •-- ---._ 6366 . . . _ . tSTATE OF FLORIDA COUNTY OF INDIAN RIVER ' Before me, a Notary Public, duly commissioned, qualified and acting , personally appeared Francis T _ n ' a ardnn , to me well known, who being by me first duly swom upon oath, Says that he is the attomey4n-fact for theVeat American Insurance Cand that he has been authorized byGreat Amer i can I nsurance Co . to execute the foregoing bond on behalf of the ' CONTRACTOR named therein in favor of. the County of Indian River, Floridae Subscribed and swam to before me this = da f 6 20 Notary Public, State of Flora a 'Fr :. Pome� P. smkn �: 2 MYCOMMISSIM0 DMIM9 E%P1RES It* 21, 2005 My Commission Expires: July 21 2005 tifta• '' °ONOEDiN"" "O"" N N5 P"IXE M Any claims under this bond shall be addressed to: Name and address of Surety. ' GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET ' CINCINNATI OHIO 45202 Name and address of agent or representative in Florida ' if different from above: JOHNSON E COMPANY 839 N . MAGNOLIA AVENUE ORLANDO FL 32803 Telephone number of Surety and ' agent orrepresentative in Florida: 5f 13 ) 369 - 5000 ( SURETY 800 331 33779AGENT ) " END OF SECTION t 037a-00612 - Payment Bond ' 00312 • =Sx P _ 3612..__ 6366 ftinpinwMp�:eelul .'ol�t'�7626R1 .el endO�IC]7626Ci S4eel 5M06rJA'TiiAt• D'JCC]'FD3612 • PeftroM go„e� leer. D'Ye, A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1672 PG : 1278 tGREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 a 513-369.5000 • FAX 513-723-2740 ' The number of persons authorized by this power of attorney is not more than FOUR No. O 17617 —264 POWER OF ATTORNEY kNOWALLAIENBYTAESEPRESENTS: That the GREAT AMERICAN INSURANCE COMP.ANY. a corporation organized and existing under ' and by virtue of the laws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attomey-in-fact. for it and in its name, place and stead to execute in behalf of the said Company, its surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power ' TODD L. JOHNSON ALL OF ALL FRANCIS T. O'REARDON ORLANDO. FLORIDA UNLIMITED JOANN IL BEBOLTT PAMELA P. SMITH ' This Power of Attorney revokes all previous powers issued in behalf of the attomey(srin-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4TH day of OCTOBER 1 2002 Attest GREAT AMERICAN INSURANCE COMPANY ' STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 4TH day of OCTOBER, 2002 before me personally appeared DOUGLAS R. BOWEN, to rte known. being duly sworn deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Compvry•. the Company described in and which executed the above instrument: that he knows the seal of the said Company: that the seal affixed to the said irtsarttment is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company and that he signed his name thereto by like authority. This Power of Anomey is granted by authodry of the following resolutions adopted by the Board of Dinxtors otGreat American Insurance Company by unanimous written consent dated March 1 . 1993. ' RESOLVED: That the Division Presidetir. rhe severul Division Lire Presidents and assistant t ice Presidents, or ang one of them• be and hereby is authorized, fon time, to rime. to appoint one or mote• aaamevs-in-Fact to evenae on behalf of tire Cornlwtry. as sumo•. any rrnrl n!i bonds, undrrtakfngs rand contrrtrrs a surervship, or other trtiaen obligutions in the nature thereof.• to prescribe their mspertfix• duties and the respeerirr limits of their mrrhain•: and to revoke any such aplurinmteni at any time. RESOLVED FURTHER: Thar the Cannpavy sent and the signature of any of the aforesaid offrers and any Secretary or Assistant Secretary of the ' Company may be affixed by facsimile to any power of attorney or rerrijiratC of either giren for the erec ution of any band. undertaking, contract or suretvshiP. w• other written obligation /n the nature thereof, such signature and seal when so used being hereby adapted by the Company as the original signature of surit officer and the original seal of the Company. to be valid and binding upon the Company with the same force and effect as though manually aged. ' CERTIFICATION 1, 16N" C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutirtris oflth'e Byasd of Directors of Match 1 . 1993 have not been revoked and arc now in full force and effect. s Signed and and xedkd This day of , ' 5 1029T (11.401 ) A TRUE COPY CFRT1r1CAT10N '0NLAST PAGE J . K . BARTON , CLERK BK : 1672 PG : 1279 ' TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM ' The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of ' the United States. To be attached to and form part of Bond No. 4075165 , effective 12 / 15/ 03 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this ' disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. ' The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Pohcy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. ' The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $: 00. STATE OF FLORIDA INDIAN RIVER COUNTY ' THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE, ' } ' N EPUTx �` ' W6 all DATE I TM CERTIFICATE OF LIABILITY INSURANCE 12/i%200' ODUCER (407 ) 843 - 1120 FAX (407) 843 - 5772 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Johnson & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 39 N . Magnolia Ave . HOLDER. THIS CERTIFICATE DOES NOT AMEND , EXTEND OR rl ando , FL 32803 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. atricia Fuehrer INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: TRANSCONTINENTAL INSURANCE CO . 20486 SHELTRA & SON CONSTRUCTION CO . , INC . INsuRERB: AMERICAN CASUALTY COMPANY 20427 P . 0 . BOX 336 INSURERc: TRANSPORTATION INSURANCE CO . 20494 INDIANTOWN , FL 34956 INSURER D: BRIDGEFIELD EMPLOYERS INS . CO . 10701 INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY TCP 1015877902 08/01/2003 08/01/2004 EACH OCCURRENCE $ 110001 -000 X COMMERCIAL GENERAL LIABILITY DAMAGE TORENTED $ 50 000 CLAIMS MADE D OCCUR MED EXP (Any one person) $ 51000 A X CONTRACTUAL PERSONAL & ADV INJURY S 110009000 GENERAL AGGREGATE $ 2 , 0009000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 11000 , 000 POLICYFX7 PROECT LOC J AUTOMOBILE LIABILITY BUA 1015877916 08/01/2003 08/01/2004 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 19000 , 0001 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CUP 2068420989 08/01/2003 08/01/2004 EACH OCCURRENCE $ 110009000 X OCCUR ED CLAIMS MADE UMBRELLA FORM AGGREGATE S 170009000 C $ DEDUCTIBLE $ X RETENTION S 10 , 000 $ WORKERS COMPENSATION AND 830 - 25258 08/01/2003 08/01/2004 X we sTATu- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTNE E.L. EACH ACCIDENT $ 500 , 000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 5009000 If Yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 5009000 OETCP 1015877902 08/01/2003 08/01/2004 ALL RISK COVERAGE TRACTORS QUIRACTO DEDUCTIBLE 2% INCLUDING RENTAL EQUIPMENT $ 2009000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS TH STREET BRIDGE REPLACEMENT PROJECT D N0 . S101 DIAN RIVER COUNTY IS ADDED AS AN ADDITIONAL INSURED . ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, INDIAN RIVER COUNTY , FL BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2625 19TH AVENUE OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. VERO BEACH , FL 32960 - 3335 AUTHORIZED REPRESENTATIVE Francis T . O ' Reardon PF CORD 25 (2001 /08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s ), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . JACORD 25 (2001 /08) Y MOVE C O T CY z = a c: O L cu Q0 42 0 NO O z o 0 C ,O U E d U m C bR d9 d�} Ef} d9 69, 69 a cl. o O' er U N c 0 8 Cl co m C2 W O o O cu '� O `o III cn 'Q c CL w N Q d ca O E o6IIP 2 E cl "t3 • • > -O U v- FINN " m E .� cu o N O a) �. � N �` `� N O o N U E 6F} 't7 6K?" N G7 L to E o cu O U ''' .. . - . � ' No o ANA Q ~ N ' O U) Z C. Q .f Do v z +r +r O R W O � MOVIES F C N qa . . z C w _ +� O : > v) +v'i OOP�I y- � U C ca C +-• •� N z w � � .l A �? Q ' ol NN 'Oo � d � /may i cn b gyp ., tli =�/L� O O YC�� . L N O O 4IIil 01 p o LL w U C7 E r. O O L1 cD ' �/ N 7 '-' i W N �\ O Z O � Uoo O Y � n. a M �' (D c m � Z o 0 cU DM a) " ° n a. E � - ecu I - d a) �- o °� o o F= = � o c� m � '� E a� m a) � ' Q rn � cu �_- W U F- F- - X •N O U E U r n w c a) = a)SIMEON a cu (L C a O C .c (p ca y a`) Z Wz U 0 :d tL. .5- ` Q . o o . . 0 � U L) -0Q � Qo"'. N > O O U to O j: E W N)ommotN >, cu N O � .� cr � U c � � � a) n � © L) =0 v � n a) a a) � n' CC tow O O O .�[ N ` o o Y fh ;d O N 00 Q " Q p Q 9 c4q U � U � L �0 0) � :ao0 F- R U0) 0E4) E > v) ) H � zFINN 3: 0 Fm u ww ° �0z ° � °O Z 3 zUFJ0 o � 'op0 cu .0 0 � m 100 Q Fo INN U. U (`_ U w c\1 c)wt 4t qct �r �r it LO ori to to 1%%%, co � tai c i qt U') co r: co mosimmuscommommommLL �r ar r r r r r r r rr r� rr rs rr rr r� r rr r 1 CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all tsubcontractors , laborers , materialmen and suppliers except as listed below; (2 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . ' Dated ( CONTRACTOR) IBy: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires : NOTICE OF NON-PAYMENT. If one or more "Notice of Non-Payment " or "Notice to Owner" is received by the OWNER, no further payments will be approved until non-payment(s) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The jCONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non -Payment" or "Notice to Owner. " [The remainder of this page was left blank intentionally] 1 0378-00622 - Contractor's Application for Payment 00622 - 2 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00622 - Contractor's Application for Payment.doc Rev. 05/01 PROJECT NAME : 26TH STREET BRIDGE REPLACEMENT PROJECT PROJECT NO. . 0378 CONTRACTOR. PAY REQUEST NO. : DATE . BID ESTIMATED BID UNIT SCHEDULE OF QUANTITY PERCENT MATERIAL AMOUNT ITEM BID ITEM DESCRIPTION QUANTITY UNIT PRICE VALUES COMPLETED AMOUNT COMPLETE STORED COMPLETED NO. AMOUNT TO DATE AND STORED 101 -1 MOBILIZATION 1 LS 102-1 MAINTENANCE OF TRAFFIC 1 LS 104- 10-1 HAY OR STRAW, BALED 150 EA 104- 11 TURBIDITY BARRIER, FLOATING 160 LF 104- 13- 1 SILT FENCE STAKED (TYPE Ho 2266 LF 110- 1 - 1 CLEARING & GRUBBING i LS 120-1 EXCAVATION, REGULAR 635 CY 120-6 EMBANKMENT 6531 CY 160-4 STABILIZATION TYPE `B" ( 12") 5688.3 SY 285-706 OPTIONAL BASE GROUP 6 217 SY 285-714 OPTIONAL BASE GROUP 14 4918 . 3 SY 331 -2 ASPHALTIC CONCRETE TYPE S ( 1 " AND 1 .5") 630 TN 339-1 ASPHALTIC PAVEMENT MISCELLANEOUS 10 TN 515-1 -1 HANDRAIL PIPE, STEEL 420 LF 520- 1 - 10 CONCRETE CURB AND GUTTER (TYPE F) 1877 .3 LF 520-3 CONCRETE VALLEY GUTTER 48 . 1 LF 521 -72-5 CONCRETE BARRIER WALL (RIGID CURB 10.7 LF AND GUTTER) 522-1 CONCRETE SIDEWALK (4" THICK) 2687 .7 SY 536-1 -1 GUARDRAIL (ROADWAY) 112.5 LF 536-7 GUARDRAIL POST-SPECIAL 1 EA 536-82 GUARDRAILL ANCHORAGE (CONCRETE 1 EA BARRIER WALL) 536-85-22 GUARDRAIL END ANCHORAGE ASSEMBLY 1 EA (FLARED) 550-74-3 RESETTING EXISTING FENCE (SPECIAL) 420 LF 570-2 SEED AND MULCH 2548 SY 575- 1 -1 SODDING (BAHIA) 445 . 1 SY 400-2-2 CONCRETE CLASS II (ENDWALLS 29 CY 0378-00622 - Contractor's Application for Payment 00622 - 3 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00622 - Contractor's Application for Payment.doc Rev. 05/01 r � r r r rel r r r r rr rr i■r r r r r � BID ESTIMATED BID UNIT SCHEDULE OF QUANTITY PERCENT MATERIAL AMOUNT ITEM BID ITEM DESCRIPTION QUANTITY UNIT PRICE VALUES COMPLETED AMOUNT COMPLETE STORED COMPLETED NO. AMOUNT TO DATE AND STORED 425- 1 -351 INLET (CURB) (TYPE P-5)(< 10') 3 EA 425- 1 -361 INLETS (CURB) (TYPE P-6) (< 102) 1 EA 425- 1 -541 INLETS (DT BOT) (TYPE D) (< 10') 1 EA 425-2-61 MANHOLES (P-8) (< 101) 4 EA 425-2-91 MANHOLE (J-8) 8 EA 425-2- 101 MANHOLE (SPECIAL) 2 EA 425- 10 YARD DRAINS 1 EA 430- 11 -323 PIPE CONC. CULV (CLASS III) ( 15" SS) 210 LF 430- 11 -325 PIPE CONC. CULV (CLASS III) ( 18" SS) 310 LF 430-11 -329 PIPE CONC . CULV (CLASS III) (24" SS) 7 LF 430- 11 -338 PIPE CONC. CULV (CLASS IIq (36" SS) 634 LF 430- 12-345 PIPE CONC. CULV (CLASS III) (72" CD) 75 LF 430-24-125 PIPE CORR. STEEL CULV ( 18") 74 LF 430-52-004 PIPE CORR. STEEL ARCH CULV (GA 16) (28" x 56 LF 10" CD) 430- 171 -45 PIPE STORM SEWER CULV (OPTIONAL 10 LF MATERIAL) 430-982- MITERED END SECTION (CONC PIPE ROUND) 1 EA ( 15" CD) 430-982- MITERED END SECTION (CORR PIPE ROUND) 3 EA ( 18" CD) 440- 1 -60 UNDERDRAIN, TYPE SPECIAL 425 LF 443-70-4 FRENCH DRAIN (24") 355 LF 443-70-5 FRENCH DRAINS (301)) 68 LF 514-71 -2 PLASTIC FILTER FABRIC (STABILIZATION) 44 SY 530- 1 RIPRAP (SAND-CEMENT) 9.7 CY 575- 1 -5 SODDING (OVERLAPPED) 47 SY 110-3 STRUCTURES REMOVAL OF EXISTING 1 IS 400-1 - 11 CLASS I CONCRETE (RETAINING WALLS) 167 CY 407-70-420 PRECAST CONCRETE THREE SIDED BOX 57 LF CULVERT 460-70-2 ALUMINUM RAILINGS (DOUBLE RAIL) 110 LF 521 -5- 1 CONCRETE TRAFFIC RAILING (BRIDGE) 110 LF AMOUNT COMPLETE TO DATE RETAINAGE AT 10 % SUB-TOTAL LESS PREVIOUS PAYMENT [Note : Total Schedule of Values Amount should equal the current Contract Price.] AMOUNT DUE CONTRACTOR * * END OF SECTION 00622 - 4 0378-00622 - Contractor's Application for Payment F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00622 - Contractor's Application for Payment.doc Rev. 05/01 SECTION 0 632 - ' 0 CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County, Florida , a political subdivision of said state , did on the day of , 20 , enter into a contract for the performance of certain work , more particularly described as follows : 26TH STREET BRIDGE REPLACEMENT INDIAN RIVER COUNTY PROJECT #0378 UNDER PENALTY OF PERJURY, affiant further says that said construction has ' been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that: 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract ' Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. ( 00632 — Contractor's Final Certification of the Work 00632- 1 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00632 - Contractor's Final Certification .doc ' 5 . The Work is complete and read for final acceptance b the OWNER. P Y P Y 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . ' (Corporate Sea [ ) ' ( Contractor) By: Subscribed and sworn to before me this . Y da of , 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632 — Contractor's Final Certification of the Work 00632-2 ' F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00632 - Contractor's Final Certification.doc SECTION 00634 = PROFESSIONAL SURVEYOR AND MAPPER' S CERTIFICATION AS TO ' ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED ' BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) 1 I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: ( Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: ' PROJECT NAME : 26TH STREET BRIDGE REPLACEMENT INDIAN RIVER COUNTY PROJECT # 0378 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . ' I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below. [Attach additional sheets as necessary] (SURVEYOR'S SEAL) ' CERTIFIED BY: Printed Name : Florida Professional Surveyor and Mapper Registration Number: ' Date Signed and Sealed by Professional Surveyor and Mapper: ' Company Name : Company Address : ' Telephone Number: 0378-00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work ' 00634 - 1 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00634 - Professional Surveyor and Mappers Certification as to Elevations and Locations of the Work.doc Rev. 06/01 r rSECTION 00640 — CERTIFICATION REGARDING DEBARMENTS SUSPENSION INELIGIBILITY , AND VOLUNTARY EXCLUSION — LOWER TIER FEDERALLY FUNDED TRANSACTIONS REQUIRED FOR ALL CONTRACTORS AND SUBCONTRACTORS 1 1 . The undersigned hereby certifies that neither it nor its principals is presently debarred , r suspended , proposed for debarment , declared ineligible , or voluntarily excluded from participation in this transaction by any Federal department or agency. 2 . The undersigned also certifies that it and its principals : ' (a ) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining , attempting to obtain , or performing a public ( Federal , State or local ) transaction or contract under a ' public transaction ; violation of Federal or State anti-trust statutes or commission of embezzlement , theft , forgery, bribery, falsification or destruction of records , making false statements , or receiving stolen property. ( b ) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal , State or local ) with commission of any of the offenses enumerated in paragraph 2 . (a ) of this Certification ; and (c) Have not within a three-year period preceding this certification had one or more ' public transactions ( Federal , State or local ) terminated for cause or default . 3 . Where the undersigned is unable to certify to any of the statements in this certification , ' an explanation shall be attached to this certification . Dated this day of , 20 1 ' BY Authorized Signature/Contractor ' Typed Name/Title ' Contractor's Firm Name ' Street Address ' Building , Suite Number City/State/Zip Code r Area Code/Telephone Number ' DEP FORM 11 -043 Rev(05/95) 00640- 1 00640 — Debarments , Suspension , Ineligibility, etc. ' F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th . Street Bridge CONTRACT DOC\0378-00640 - Debarments , Suspension , Ineligibility, etc.doc ' INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT , SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION = ' LOWER TIER FEDERALLY FUNDED TRANSACTIONS ' 1 . By signing and submitting this form , the certifying party is providing the certification set out below. 2 . The certification in this clause is a material representation of fact upon which reliance ' was placed when this transaction was entered into . If it is later determined that the certifying party knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government , the Department of Environmental ' Protection ( DEP ) or agencies with which this transaction originated may pursue available remedies , including suspension and/or debarment . ' 3 . The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . 4 . The terms covered transaction , debarred , suspended , ineligible , lower tier covered transaction , participant , person , primary covered transaction , principal , proposal , and voluntarily excluded , as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations . 5 . The certifying party agrees by submitting this contract that , should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier ' contract , or other covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the DEP or agency with which this transaction originated . ' 6 . The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction , " without modification , in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions . 7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals . Each participant may, but is not required to , check the Nonprocurement List (Telephone No . (202 ) 5014740 or (202 ) 501 -4873 . ) 8 . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this • clause . The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business ' dealings . 9 . Except for transactions authorized under paragraph 5 of these instructions , if a ' participant in a covered transaction knowingly enters into a lower tier covered 00640-2 00640 — Debarments , Suspension , Ineligibility, etc. F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00640 - Debarments, Suspension , Ineligibility, etc.doc transaction with a person who is suspended , debarred , ineligible , or voluntarilyexcluded from participation in this transaction , in addition to other remedies availale to the ' Federal Government , the DEP or agency with which this transaction originated may pursue available remedies , including suspension and/or debarment . ' DEP FORM 11 -043 Rev(05/95) * * END OF SECTION ' 00640-3 00640 — Debarments , Suspension , Ineligibility, etc. F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00640 - Debarments, Suspension , Ineligibility, etc.doc SECTION 00642 - RELEASE OF CLAIMS BY CONTRACTOR ON EPA SUBAGREEMENT ' REQUIRED FOR ALL CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR hereby releases the Florida Department of Environmental Protection (FDEP) and ' the U. S . Environmental Protection Agency (EPA) from any and all claims that may arise under, or by virtue of, the Contract, except those claims which may be specifically exempted and set forth herein. Specific Exemptions : (attach additional sheet(s) if necessary) DEP CONTRACT NO . : WM803 ' CONTRACTOR: SIGNATURE OF AUTHORIZED INDIVIDUAL DATE TITLE : NOTARY : STATE OF tCOUNTY OF Sworn to and subscribed before me this day of 20 Signature of Notary Public iPrint, Type or Stamp Commissioned Name of Notary Public ' Personally Known or Produced Identification Type of Identification Produced * * END OF SECTION ' 00642= 1 00642 — Release of Claims Form F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00642 - Release of Claims Form .doc d ' SECTION 0 644 - O 0 DISCLOSURE OF LOBBYING ACTIVITIES ' Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) ' 1 . Type of Federal Action : 2. Status of Federal Action : 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial filing b. grant b. initial award b. material change c. cooperative agreement d . loan c. post-award For Material Change Only: ' e. loan guarantee f. loan insurance year quarter date of last report ' 4. Name and Address of Reporting Entity : 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime 13 Subawardee Tier , if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description : CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI) : different from No. 10a) (last name, first name, MI) : attach Continuation Sheets SF-LLL-A, if necessary) ' 11. Information requested through this form is authorized by title 31 U.S.C. Signature: section 1352. This disclosure of lobbying activities is a material print Name representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required ' pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title: semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not Telephone No. : Date: less than $10,000 and not more than $100,000 for each such failure. ' Federal Use Only: Authorized for Local Reproduction Standard Form — LLL (Rev 7 — 97) 00644- 1 00644 — Disclosure of Lobbying Activities F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00644 - Disclosure of Lobbying Activities.doc INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES ' This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352 . The filing of a form is required for each payment or agreement to make payment to any ' lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. ' 1 . Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. ' 2 . Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4 . Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the ' prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1 ). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. ' 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number ; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE40401 ." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, ' enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a) . Enter Last Name, First Name, and Middle Initial (MI) . ' 11 . The certifying official shall sign and date the form, print his/her name, title and telephone number. * * END OF SECTION ' 00644-2 00644 — Disclosure of Lobbying Activities F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00644 - Disclosure of Lobbying Activities.doc i r . This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or ' modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. r STANDARD GENERAL CONDITIONS ' OF THE CONSTRUCTION CONTRACT r Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By ' [INSERT LOGOS] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS ' This document has been approved and endorsed by The Associated General [seal] Contractors of America ' Construction Specifications Institute ' [seal] These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A- 1 or 1910-8- A-2) ( 1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User' s Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910- 17) ( 1996 Edition) . 1 EJCDC No. 1910-8 ( 1996 Edition) i r r r . r r r r r r r r r r r r Copyright © 1996 National Society of Professional Engineers ' 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 rAmerican Society of Civil Engineers 345 East 47th Street, New York, NY 10017 1 00700-2 Standard General Conditions of the Construction Contract PROJECT ' TABLE OF CONTENTS ' Paye ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 ' 1 .01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 .02 Terminology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 .02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 ' 2 .03 Commencement of Contract Times; Notice to Proceed. , , , , , , , , , . , , , . , . , , . , . . . I . . . . . . . 00 . 0 . . . . . . 0 . . . . . . . . 111 . 111 , . . . . 11119 2 .04 Starting the Work. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 10 2 .06 Preconstruction Conference. , ' . . . , . . . . go . . . 0 . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 .07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ' 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 .02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 l 3 .03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604 . . . . . . . 0 . . 1 l 3 .04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3 .05 Reuse of Documents . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ' ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS • REFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . POINTS . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 .01 Availability ofLands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 .02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ' 4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4.04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.05 Reference Points . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ' 4 .06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 5 - BONDS AND INSURANCE" . . , , . , , , , , . . . . . . . . . . . . . . . . . . . . I ' ll , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .01 Performance, Payment, and Other Bonds . . . , , , , , , , , . , , , . . . . . . . . . . . . . . . . . . . . . . o . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .04 CONTRACTOR 'S Liability Insurance. , . , , , , , , , , . . . . . . . . . . . . 06 . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . " I . . . . . . . " I ' ll . . . . . . 16 ' 5 . 05 0WNER 's Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . 17 5 .06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 .07 Waiver of Rights . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ' 5 .08 Receipt and Application of Insurance Proceeds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 19 5 .09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 . 10 Partial Utilization, Acknowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .20 6 .01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 ' 6.02 Labor; Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 6.03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 6 .04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 6.05 Substitutes and "Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 ' 6.07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 00700-3 ' Standard General Conditions of the Construction Contract PROJECT i ' 6.08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 . . 6.09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 ' 6. 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6. 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6. 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6. 14 Safety Representative .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6. 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6. 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6. 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 ' 6. 18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 6. 19 CONTRACTOR 'S General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 6.20 Indemnification . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 ' ARTICLE 7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 7 .01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 7.02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 ARTICLE 8 - OWNER' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .01 Communications to Contractor. . , . . . . . . . . ego * 0400 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .02 Replacement of ENGINEER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 ' 8 .05 Lands and Easements; Reports and Tests. . . . . . . . . . . 000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . .29 8 .06 Insurance , . , " . , . . . I ' ll , . . . . . . . . . . . . . . . . . . . . . . . . . . * am , . . . . . . . . . . . . . . . a . , . . . a - ee - eme. . . . . . . . . . . . . . . . . * a * * * * * * . . . . . . . . . .29 8 .07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 .08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 ' 8 .09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 . 11 Evidence of Financial Arrangements. . . . , . . . . . . 1111096 . 06 . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 rARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9.01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 1 9.02 Visits to Site . . , . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 0 . . . . . . . . I . I I I 1 0 a 0 . d . 0 . 0 0 0 9 0 a . . I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . opt - ees a. . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9. 03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 .04 Clarifications and Interpretations ' , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a - e - 9 * o9 * 9s . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9.05 Authorized Variations in Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ' 9. 06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9 .07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . .30 1 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 ' 10. 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 10.02 Unauthorized Changes in the Work , , , , " , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e * * * e9o * ooeo99o , , .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ,31 10.03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 10.04 Notification to Surety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 10.05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..32 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 11 .01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .32 11 .02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 11 .03 Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 r 00700-4 Standard General Conditions of the Construction Contract PROJECT 1 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 12.01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 ' 12 .02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 12 .03 Delays Beyond CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 12 .04 Delays Within CONTRACTOR 's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 ' 12 .06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK , , , , , , , . , . , 13 .01 Notice of Defects. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 13 .02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 13 .03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 13 .04 Uncovering Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 13 .05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 13 .06 Correction or Removal of Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 13 .07 Correction Period. , , , , , , I I I " . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 13 .08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 13 . 09 OWNER May Correct Defective Work. go . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 14.01 Schedule of Values . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 14.02 Progress Payments . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 14 .03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14.04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14 .05 Partial Utilization . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ' 14.06 Final Inspection . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 14 . 07 Final Payment . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 14.09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION , , . . . , , , , , , " . . . . a . . . . . . . . . . . . . . . so . . . . . * . & @sea . . . . . . . . . . . . . . . . . . .43 15 .01 OWNER May Suspend Work . . , , I I & I . I I I I I I I I & & . . 9 0 6 & a & & 6 . . 0 1 1 1 1 1 1 1 . I I 1 0 0 0 0 & I . I . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 15 .02 OWNER May Terminate for Cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 ' 15 .03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 15 .04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 ' ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .45 16. 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 17.01 Giving Notice, , so * 1 . 600 1@ & * * a . a@ * " . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .45 17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .45 17.03 Cumulative Remedies , . . . , , , , , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & , so . . . . . . see . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 I 17.04 Survival of Obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 17 .05 Controlling Law , . , , , , . , . , . . . I ' ll . . . . . . * * so . . . 0 0 0 . . . . . . . . . . . . . . . . . . . oo * . * Oo . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seems # * , . . . . . . . . . . . . . . . . . . . . . . .45 00700-5 Standard General Conditions of the Construction Contract PROJECT GENERAL CONDITIONS ' NOTE : SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY CONDITIONS . IN THESE INSTANCES, THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIED HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR' S CONVENIENCE. REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE. ' ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements . ' 1 . 01 Defined Terms 8 . Bonds—Performance and payment bonds and A. Wherever used in the Contract Documents and other instruments of security. printed with initial or all capital letters, the terms listed ' below will have the meanings indicated which are 9 . Change Order--A document recommended by applicable to both the singular and plural thereof. ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in 1 . Addenda--Written or graphic instruments the Work or an adjustment in the Contract Price or the issued prior to the opening of Bids which clarify, correct, or Contract Times, issued on or after the Effective Date of the change the Bidding Requirements or the Contract Agreement. Documents. 10. Claim—A demand or assertion by OWNER or 2 . Agreement—The written instrument which is CONTRACTOR seeking an adjustment of Contract Price or evidence of the agreement between OWNER and Contract Times, or both, or other relief with respect to the ' CONTRACTOR covering the Work. terms of the Contract. A demand for money or services by a third party is not a Claim 3 . Application for Payment--The form acceptable to ENGINEER which is to be used by CON- 11 . Contract--The entire and integrated written TRACTOR during the course of the Work in requesting agreement between the OWNER and CONTRACTOR progress or final payments and which is to be accompanied concerning the Work. The Contract supersedes prior by such supporting documentation as is required by the negotiations, representations, or agreements, whether ' Contract Documents, written or oral. 4. Asbestos—Any material that contains more 12 . Contract Documents--The Contract Docu- ' than one percent asbestos and is friable or is releasing ments establish the rights and obligations of the parties and asbestos fibers into the air above current action levels include the Agreement, Addenda (which pertain to the Con- established by the United States Occupational Safety and tract Documents), CONTRACTOR' s Bid (including docu- Health Administration. mentation accompanying the Bid and any post Bid ' documentation submitted prior to the Notice of Award) . 5 . Bid—The offer or proposal of a bidder submit- when attached as an exhibit to the Agreement, the Notice to ted on the prescribed form setting forth the prices for the Proceed, the Bonds, these General Conditions, the Work to be performed. Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the 6. Bidding Documents--The Bidding Agreement, together with all Written Amendments, Change Requirements and the proposed Contract Documents (in- Orders, Work Change Directives, Field Orders, and cluding all Addenda issued prior to receipt of Bids) . ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of ' subsurface and physical conditions are not Contract 00700-6 ' Standard General Conditions of the Construction Contract PROJECT 1 Documents . Only printed or hard copies of the items listed 23 . Hazardous Environmental Condition—The in this paragraph are Contract Documents . Files in presence at the Site of Asbestos, PCBs, Petroleum, electronic media format of text, data, graphics, and the like Hazardous Waste, or Radioactive Material in such tthat may be finnished by OWNER to CONTRACTOR are quantities or circumstances that may present a substantial not Contract Documents, danger to persons or property exposed thereto in connection with the Work. ' 13 . Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in 24. Hazardous Waste--The term Hazardous accordance with the Contract Documents as stated in the Waste shall have the meaning provided in Section 1004 of Agreement (subject to the provisions of paragraph 11 .03 in the Solid Waste Disposal Act (42 USC Section 6903) as the case of Unit Price Work) , amended from time to time. 14 . Contract Times--The number of days or the 25 . Laws and Regulations; Laws or Regulations-- ' dates stated in the Agreement to: (i) achieve Substantial Any and all applicable laws, rules, regulations, ordinances, Completion; and (ii) complete the Work so that it is ready codes, and orders of any and all governmental bodies, for final payment as evidenced by ENGINEER's written agencies, authorities, and courts having jurisdiction. ' recommendation of final payment. 26. Liens—Charges, security interests, or 15 . CONTRACTOR—The individual or entity with encumbrances upon Project funds, real property, or personal whom OWNER has entered into the Agreement. property. 16. Cost of the Work—See paragraph 11 .0 LA for 27 . Milestone--A principal event specified in the definition. Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the 17 . Drawings--That part of the Contract Work. Documents prepared or approved by ENGINEER which ' graphically shows the scope, extent, and character of the 28 . Notice of Award--The written notice by Work to be performed by CONTRACTOR Shop OWNER to the apparent successful bidder stating that upon Drawings and other CONTRACTOR submittals are not timely compliance by the apparent successful bidder with Drawings as so defined, the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 18 . Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, 29. Notice to Proceed--A written notice given by ' but if no such date is indicated, it means the date on which OWNER to CONTRACTOR fixing the date on which the the Agreement is signed and delivered by the last of the two Contract Times will commence to run and on which parties to sign and deliver. CONTRACTOR shall start to perform the Work under the Contract Documents. ' 19 . ENGINEER—The individual or entity named as such in the Agreement. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into 20. ENGINEER 's Consultant--An individual or the Agreement and for whom the Work is to be performed. entity having a contract with ENGINEER to fiunish services as ENGINEER's independent professional 31 . Partial Utilization--Use by OWNER of a associate or consultant with respect to the Project and who substantially completed part of the Work for the purpose for ' is identified as such in the Supplementary Conditions. which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 21 . Field Order--A written order issued by ' ENGINEER which requires minor changes in the Work but 32 . PCBs--Polychlorinated biphenyls , which does not involve a change in the Contract Price or the Contract Times. 33 . Petroleum--Petroleum, including crude oil or ' any fraction thereof which is liquid at standard conditions of 22 . General Requirements—Sections of Division temperature and pressure (60 degrees Fahrenheit and 14 . 7 1 of the Specifications. The General Requirements pertain pounds per square inch absolute), such as oil, petroleum, to all sections of the Specifications. fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil ' mixed with other non-Hazardous Waste and crude oils. 00700 - 7 ' (or a specified part thereof) can be utilized for the purposes 34. Project--The total construction of which the for which it is intended. The terms "substantially complete" ' Work to be performed under the Contract Documents may and "substantially completed" as applied to all or part of the be the whole, or a part as may be indicated elsewhere in the Work refer to Substantial Completion thereof. Contract Documents, 44 . Supplementary Conditions—That part of the 35 . Project Manual--The bound documentary Contract Documents which amends or supplements these information prepared for bidding and constructing the General Conditions . Work. A listing of the contents of the Project Manual, ' which may be bound in one or more volumes, is contained 45 . Supplier—A manufacturer, fabricator, suppli- in the table(s) of contents. er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to 36. Radioactive Material--Source, special nucle- furnish materials or equipment to be incorporated in the ' ar, or byproduct material as defined by the Atomic Energy Work by CONTRACTOR or any Subcontractor. Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 46. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, 37 . Resident Project Representative—The autho- tanks, tunnels, or other such facilities or attachments, and rized representative of ENGINEER who may be assigned to any encasements containing such facilities, including those the Site or any part thereof. that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable 38 . Samples—Physical examples of materials, television, water, wastewater, storm water, other liquids or equipment, or workmanship that are representative of some chemicals, or traffic or other control systems . ' portion of the Work and which establish the standards by which such portion of the Work will be judged. 47 . Unit Price Work—Work to be paid for on the basis of unit prices. 39 . Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which 48 . Work--The entire completed construction or are specifically prepared or assembled by or for CON- the various separately identifiable parts thereof required to TRACTOR and submitted by CONTRACTOR to illustrate be provided under the Contract Documents. Work includes ' some portion of the Work. and is the result of performing or providing all labor, services, and documentation necessary to produce such 40. Site--Lands or areas indicated in the Contract construction, and famishing, installing, and incorporating ' Documents as being furnished by OWNER upon which the all materials and equipment into such construction, all as Work is to be performed, including rights-of-way and required by the Contract Documents, easements for access thereto, and such other lands furnished by OWNER which are designated for the use of 49 . Work Change Directive--A written statement CONTRACTOR. to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended 41 . Specifications--That part of the Contract by ENGINEER ordering an addition, deletion, or revision Documents consisting of written technical descriptions of in the Work, or responding to differing or unforeseen materials, equipment, systems, standards, and workmanship subsurface or physical conditions under which the Work is as applied to the Work and certain administrative details to be performed or to emergencies . A Work Change applicable thereto. Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change 42. Subcontractor--An individual or entity having ordered or documented by a Work Change Directive will be a direct contract with CONTRACTOR or with any other incorporated in a subsequently issued Change Order ' Subcontractor for the performance of a part of the Work at following negotiations by the parties as to its effect, if any, the Site. on the Contract Price or Contract Times . ' 43 . Substantial Completion--The time at which 50. Written Amendment--A written statement the Work (or a specified part thereof) has progressed to the modifying the Contract Documents, signed by OWNER and point where, in the opinion of ENGINEER, the Work (or a CONTRACTOR on or after the Effective Date of the specified part thereof) is sufficiently complete, in Agreement and normally dealing with the nonengineering or accordance with the Contract Documents, so that the Work 00700 - 8 111 1 1 " 1 • 1 1 • - - • . - i I - • 1 " . t1 • - — - - - FF a pill Am FF 1 " 1 " 1 1 " • 11 / • 1 - - - - • • - • 1 11 • 1 _ r • - • " • • - • " 1 " • 1 • " • - - - 1 • • 1 • 1 " • - • 1 I • IF. 2211=06ml L= L 7-r"r. 1 1 1 1 • 1 � • " 1 1 • • 1 • • • • _ 1 1 1 • 1 • _ • 1 1 - ' I • - 1 1 1 / • 1 1 - - • ' - - 1 • 11 . 1 I " 1 " • 1 • 1 . 11WIll_ - - - • . !J • • 1 • 1 1 1 " • • • 1 • 1 " 111 . " 1 • • • • 1 1 1 1 . • 1 • 1 _ 11 Fill � • • 11 I 11 11 I 1 1 • - 1 • - • 1 1 " 111 . • • " 1 1 • 1 . 1 - • 1 1 • LI " 1 1 " - • - - 1 1 1 1 1 ' 1 1 1 1 • 1 1 . • I • 1 . • . r • 1 . 1 • • • ' • • pia€ � as p' Pl igdes f a� r �� s t. 1 1 • • 1 • r 1 . • • 1 1 1 • • r . 1 ® I`•'s ` , z #see � ' Fli k/£ 3 Z €.,t3B �ar� Yd2 x a". ot', r � 7•f**R� s�'tA a_ l a „gj a 1 ' M1 1 1 1 / 1 1 1 1 1 1 1 1 " 1 1 • 1 1 • 1 11 1 " Ant • • ' • • • • r r " • . 11 • r 1 ' al - - - - 1 1 1 1 . _ 1 � . • 11 11 ' ' Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening Paragraph 2 .05.0 has been deleted and replaced with a ' or the thirtieth day after the Effective Date of the new paragraph. See the Supplementary Conditions. Agreement, whichever date is earlier. G. Bio•ideuee-ef hnee=Be€em any x efk at the. Site is staitea GQNgq? n GTQ and Q;Wn x:n sha]4 each 2 . 04 Starting the Work , ' A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No them or any additional insuEed n3ay reasonably r-equeso, ' Work shall be done at the Site prior to the date on which the whieh GQ, 9RAGTOR "..a respeetvely are Contract Times commence to run. Ailiele-5 2 . 05 Before Starting Construction ' Paragraph 2.06.A has been deleted and replaced with a A. CONTRACTOR 's Review of Contract Documents: new paragraph. See the Supplementary Conditions. Before undertaking each part of the Work, 2 .06 Preconstruction Conference ' CONTRACTOR shall carefizlly study and compare the Contract Documents and check and verify pertinent figures Al W ' i^ 20 days ^ ft" the Geeta.. Tiaws ^«^..« to therein and all applicable field measurements. „ •n but be f any Wer _ at « e Site ; st. .ed, a eiif e e CONTRACTOR shall promptly report in writing to ^ «*^^a ^ a - rr,T.rrowr-Tnn �T.TnnrG� '- v and .«t,e, ^ as ENGINEER any conflict, error, ambiguity, or discrepancy appropriate sviH be held. toestnbfish a WeEking which CONTRACTOR may discover and shall obtain a tmder-standing ameng the paFties ,as-tethe -War-k and to written interpretation or clarification from ENGINEER diseusst.hesEhedules referred-to in paragWh 2 .05 .B-, before proceeding with any Work affected thereby; preeedufes—fer- -handling—£hep DmvAngs and effiff however, CONTRACTOR shall not be liable to OWNER submittals, prosessingApplications--for- Payment, and. or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known 2 . 07 Initial Acceptance of Schedules thereof. A. Unless otherwise provided in the Contract Docu- ' B . Preliminary Schedules: Within ten days after the ments, at least ten days before submission of the first Effective Date of the Agreement (unless otherwise specified Application for Payment a conference attended by CON- in the General Requirements), CONTRACTOR shall TRACTOR, ENGINEER, and others as appropriate will be submit to ENGINEER for its timely review: held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with 1 . a preliminary progress schedule indicat- paragraph 2 .05 .B . CONTRACTOR shall have an ing the times (numbers of days or dates) for starting additional ten days to make corrections and adjustments and and completing the various stages of the Work, to complete and resubmit the schedules. No progress including any Milestones specified in the Contract payment shall be made to CONTRACTOR until acceptable Documents; schedules are submitted to ENGINEER. ' 2, a preliminary schedule of Shop Drawing 1 . The progress schedule will be acceptable and Sample submittals which will list each required to ENGINEER if it provides an orderly progression submittal and the times for submitting, reviewing, of the Work to completion within any specified ' and processing such submittal; and Milestones and the Contract Times. Such accep- tance will not impose on ENGINEER responsibility 3 , a preliminary schedule of values for all of for the progress schedule, for sequencing, schedul- ' the Work which includes quantities and . prices of ing, or progress of the Work nor interfere with or items which when added together equal the Contract relieve CONTRACTOR from CONTRACTOR' s Price and subdivides the Work into component parts full responsibility therefor. ' in sufficient detail to serve as the basis for progress payments during performance of the Work. Such 2 . CONTRACTOR's schedule of Shop prices will include an appropriate amount of Drawing and Sample submittals will be acceptable overhead and profit applicable to each item of to ENGINEER if it provides a workable ' Work. t00700 - 10 arrangement for reviewing and processing the the Contract Documents, nor shall any such required submittals . provision or instruction be effective to assign to ' OWNER, ENGINEER, or any of ENGINEER's 3 . CONTRACTOR' s schedule of values Consultants, agents, or employees any duty or will be acceptable to ENGINEER as to form and authority to supervise or direct the performance of substance if it provides a reasonable allocation of the the Work or any duty or authority to undertake ' Contract Price to component parts of the Work responsibility inconsistent with the provisions of the Contract Documents. ' ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, 3 .03 Reporting and Resolving Discrepancies AMENDING, REUSE A. Reporting Discrepancies ' 3 .01 Intent 1 . If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi- A. The Contract Documents are complementary; guity, or discrepancy within the Contract Documents what is called for by one is as binding as if called for by all. or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the performance of the Work or of any standard, B . It is the intent of the Contract Documents to specification, manual or code, or of any instruction describe a functionally complete Project (or part thereof) to of any Supplier, CONTRACTOR shall report it to be constructed in accordance with the Contract Documents. ENGINEER in writing at once. CONTRACTOR Any labor, documentation, services, materials, or equip- shall not proceed with the Work affected thereby ' ment that may reasonably be inferred from the Contract (except in an emergency as required by paragraph Documents or from prevailing custom or trade usage as 6. 16.A) until an amendment or supplement to the being required to produce the intended result will be Contract Documents has been issued by one of the ' provided whether or not specifically called for at no methods indicated in paragraph 3 .04 ; provided, additional cost to OWNER. however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any C. Clarifications and interpretations of the Contract such conflict, error, ambiguity, or discrepancy unless Documents shall be issued by ENGINEER as provided in CONTRACTOR knew or reasonably should have Article 9 . known thereof. 3 .02 Reference Standards B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1 . Except as may be otherwise specifically Regulations stated in the Contract Documents, the provisions of ' the Contract Documents shall take precedence in 1 . Reference to standards, specifications, resolving any conflict, error, ambiguity, or manuals, or codes of any technical society, organiza- discrepancy between the provisions of the Contract ' tion, or association, or to Laws or Regulations, Documents and: whether such reference be specific or by implication, shall mean the standard, specification, manual, a. the provisions of any standard, ' code, or Laws or Regulations in effect at the time of specification, manual, code, or instruction opening of Bids (or on the Effective Date of the (whether or not specifically incorporated by Agreement if there were no Bids), except as may be reference in the Contract Documents) ; or otherwise specifically stated in the Contract ' Documents, b. the provisions of any Laws or Regulations applicable to the performance of the 2 . No provision of any such standard, Work (unless such an interpretation of the provi- specification, manual or code, or any instruction of a sions of the Contract Documents would result in Supplier shall be effective to change the duties or violation of such Law or Regulation). responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in 00700 - 11 ' 3 . 04 Amending and Supplementing Contract TRACTOR and OWNER are unable to agree on entitle= Documents ment to or on the amount or extent, if any, of any adjust- ment in the Contract Price or Contract Times, or both, as a A. The Contract Documents may be amended to result of any delay in OWNER' s furnishing the Site, provide for additions, deletions, and revisions in the Work CONTRACTOR may make a Claim therefor as provided in or to modify the terms and conditions thereof in one or paragraph 10.05 . more of the following ways : (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record B . The requirements of the Contract Documents may legal title and legal description of the lands upon which the be supplemented, and minor variations and deviations in the Work is to be performed and OWNER' s interest therein as Work may be authorized, by one or more of the following necessary for giving notice of or filing a mechanic's or ways: (i) a Field Order; (ii) ENGINEER's approval of a construction lien against such lands in accordance with t Shop Drawing or Sample; or (iii) ENGINEER's written applicable Laws and Regulations. interpretation or clarification. C. CONTRACTOR shall provide for all additional 3 . 05 Reuse of Documents lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- A. CONTRACTOR and any Subcontractor or ment. Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect 4 .02 Subsurface and Physical Conditions contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, A. Reports and Drawings: The Supplementary Specifications, or other documents (or copies of any Conditions identify: thereof) prepared by or bearing the seal of ENGINEER or ENGINEER' s Consultant, including electronic media 1 . those reports of explorations and tests of ' editions; and (ii) shall not reuse any of such Drawings, subsurface conditions at or contiguous to the Site Specifications, other documents, or copies thereof on that ENGINEER has used in preparing the Contract extensions of the Project or any other project without Documents; and written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This 2. those drawings of physical conditions in prohibition will survive final payment, completion, and or relating to existing surface or subsurface struc- acceptance of the Work, or termination or completion of the tures at or contiguous to the Site (except Contract. Nothing herein shall preclude CONTRACTOR Underground Facilities) that ENGINEER has used from retaining copies of the Contract Documents for record in preparing the Contract Documents. purposes. B . Limited Reliance by CONTRACTOR on Technical A new Section, 3.06 — "Coordination of Plans, Data Authorized: CONTRACTOR may rely upon the Specifications, and Special Provisions" has been added. general accuracy of the "technical data" contained in such See the Supplementary Conditions. reports and drawings, but such reports and drawings are not ' Contract Documents . Such "technical data" is identified in ARTICLE 4 - AVAILABILITY OF LANDS ; the Supplementary Conditions . Except for such reliance on SUBSURFACE AND PHYSICAL CONDITIONS ; such "technical data," CONTRACTOR may not rely upon REFERENCE POINTS or make any Claim against OWNER, ENGINEER, or any ' of ENGINEER's Consultants with respect to: 4 . 01 Availability of Lands 1 , the completeness of such reports and ' drawings for CONTRACTOR' s purposes, including, A. OWNER shall furnish the Site. OWNER shall but not limited to, any aspects of the means, notify CONTRACTOR of any encumbrances or restrictions methods, techniques, sequences, and procedures of not of general application but specifically related to use of construction to be employed by CONTRACTOR, the Site with which CONTRACTOR must comply in and safety precautions and programs incident performing the Work. OWNER will obtain in a timely thereto; or manner and pay for easements for permanent structures or permanent changes in existing facilities. If CON- 00700 - 12 ON- 00700 - 12 Al 71 ' ♦ . • r l ' 1 h Iv _ • 11 I • i /. • i i L It i ♦ I It v I 1111 w ( .- • ♦ I I ' ♦ 1 ( ' 1 . A I • ♦ / 1 ♦ 1 \ I • • 11 I 1 IL.. • 1 • • L will A ' IL; � i ' / l .. 1 I h . . n • • • ) i I • l 1 1 1 / ' ` 1 . I ♦ • II" R JI 1 \ i i / V. ♦ •• . M ri 11 f V 1. 1 1 Y 1 D t 1 1 1 1 1 11 ; ' • it Y 1 rl � 1 � • lll '. 1 1 1 / Il 1411 #;. ♦ 1 • 11 r1ll 1 1 • ( ♦ 1 1 I • 1 1 L • • • . 4 1 • NI I ! t ♦ 1 i I II � • 1 l f II Il • 1 1 i • ' i l M �✓. • i 1 I 1 I � � � H i+ fill L -1Y X111 • s r - 1 N r1 ♦ :� • I • ' li. 1 : VAN11 . kell 1 - 1. 1 1 ♦ .i.. 1 I v1 . / { i / I1. 11 i IIi • i I 1 .,1 • 1 V Ail a 1 i 111 ♦ I • 11 11 I ) 1 • 1Y ♦ 1 i 1 I ' 1 1 i' • II 1 It t • 1 i 1 1 411# 1 - 10 llf •11 All - t ; 11 . • i 1 PT"fp o AllI 11 1 All J • : I . 1 i 1 • � 1 1 1 — i i ;wY 1 { f ' 1 1 1V(. • 14 11 1 ♦ .' I 'Ji / i 1 ' N 'FI r • : ♦ it i 1 hr • ;' 1 . i I 1 I - ♦ i All 1 • ' ♦ .fly • • i ( 11 i . • . P 1 • le � • 1 I � ! L ! i i i i I r ♦ Y i 42 All f 49 1 I will 0il A • • ♦ ♦ • i ♦ ` � . i 1 I i • 1 1 1 .♦ 1 1 1 . 1 • if . . • ✓ • 111 1 ♦ y'. 1 ' • • 1 lit 1 ' . li 1 ' 11 • Ill A OF • t ' i 1 f • 11 I i 141 to it oil ' 1 1 YU1 . • i • n f r 1 1 • I 11 • r."1 f ♦ w , f 'A . If rilli IL • I . i • ' .1 11 11 1 � • 1 1 ^ MI i 1 I d o N • A PPP 11 set I W v' 1 1 11 A • ♦ � ♦ 1 1 '� 1 1 1 r• F • ( l ul 11 ♦ : 1 � Y 1 1 I 1 .' 1 ) if ♦ I 1 1 l ♦ • v . 1 « • ♦ : : u r r 1 './ 1 a ' • a FI • 1 ♦ I • i I 1 1 n melt i 11 , _ 1 1 = N \ 1 ' • • • 1 I iN Illii . U. M • i I l • . { ♦ • rl 1 1 rw � ,i, Oil ' • I ll 1 11 Trio \ Iu wMf• • / 1 ♦ 1 . r. . \ n 1 . • 1 .. , u ♦ 1 c i1 i ♦ _ - H 11 r • • IA , 1 •'Ir , Ir • 1 1 N •A♦ • 1 ; 1 ♦ • 11 • . 1 • r i 111 « i Y • I11 . • / / I l i1 11 1 ♦ 1 t . • It 1 ll ♦ :.. 1 • ♦ 1 Y . �. 11 tCONTRACTOR on or in connection with any other CONTRACTOR shall be responsible for the safety project or anticipated project. and protection of such Underground Facility. ' 4 .04 Underground Facilities 2 , If ENGINEER concludes that a change in the Contract Documents is required, a Work Change A. Shown or Indicated: The information and data Directive or a Change Order will be issued to reflect ' shown or indicated in the Contract Documents with respect and document such consequences. An equitable to existing Underground Facilities at or contiguous to the adjustment shall be made in the Contract Price or Site is based on information and data furnished to OWNER Contract Times, or both, to the extent that they are ' or ENGINEER by the owners of such Underground Facili- attributable to the existence or location of any ties, including OWNER, or by others . Unless it is otherwise Underground Facility that was not shown or expressly provided in the Supplementary Conditions : indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that ' 1 . OWNER and ENGINEER shall not be CONTRACTOR did not know of and could not responsible for the accuracy or completeness of any reasonably have been expected to be aware of or to such information or data; and have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the 2. the cost of all of the following will be amount or extent, if any, of any such adjustment in included in the Contract Price, and CONTRACTOR Contract Price or Contract Times, OWNER or shall have full responsibility for: CONTRACTOR may make a Claim therefor as provided in paragraph 10.05 , a. reviewing and checking all such informa- tion and data, 4 . 05 Reference Points b. locating all Underground Facilities A. OWNER shall provide engineering surveys to shown or indicated in the Contract Documents, establish reference points for construction which in ENGINEER' s judgment are necessary to enable CON- c. coordination of the Work with the TRACTOR to proceed with the Work. CONTRACTOR owners of such Underground Facilities, shall be responsible for laying out the Work, shall protect including OWNER, during construction, and and preserve the established reference points and property monuments, and shall make no changes or relocations d. the safety and protection of all such without the prior written approval of OWNER. Underground Facilities and repairing any CONTRACTOR shall report to ENGINEER whenever any damage thereto resulting from the Work. reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades B . Not Shown or Indicated or locations, and shall be responsible for the accurate replacement or relocation of such reference points or ' 1 . If an Underground Facility is uncovered property monuments by professionally qualified personnel. or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated 4 .06 Hazardous Environmental Condition at Site ' with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after A. Reports and Drawings: Reference is made to the becoming aware thereof and before further Supplementary Conditions for the identification of those disturbing conditions affected thereby or performing reports and drawings relating to a Hazardous Environmental ' any Work in connection therewith (except in an Condition identified at the Site, if any, that have been emergency as required by paragraph 6 . 16.A), utilized by the ENGINEER in the preparation of the identify the owner of such Underground Facility and Contract Documents. ' give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review B . Limited Reliance by CONTRACTOR on Technical the Underground Facility and determine the extent, Data Authorized: CONTRACTOR may rely upon the ' if any, to which a change is required in the Contract general accuracy of the "technical data" contained in such Documents to reflect and document the reports and drawings, but such reports and drawings are not consequences of the existence or location of the Contract Documents. Such "technical data" is identified in Underground Facility. During such time, the Supplementary Conditions. Except for such reliance on ' such "technical data," CONTRACTOR may not rely upon 00700 - 14 EA IF 1 • 1 - 1 1 1 . 1 • 1 1 1 • • . 1 1 ' � 1 � II 11 ' 1 • , I 1 of 5 - Mf I III III III . _ . �. 1 _ • • • 1 • 1 • 11 1 • • • - _ " 1 _ - Ali kWAM • • • • • • 1 • 1 • • • 1Will W,MLWA 1 • • • 1 • 1 " • • 111.1lially. 1r.W�IWLWWI _ too I _ ' • ' • • 1 • • • - • • - • Oily 411111�71 - w Ill lit I o NO • 1 • • ' • ' - • 1 1 • - • • 1 • 1 1 ' , • 1 • • • ' • ' � - - - All RELOTpr 1 . " • • 1 1 " - • 1 - � � . YY . . Will, • . • • • • • • 1 • 11 " 1 . 1 1 I kill • V YP R NMI • " 1 " • 1 • • . J • • • • • " • ' 1 • 1 ' • • • 119 d _ _ • 1 _ _ _ 1 1 ' • 1 1 1 ' 1 " 1 - - • • ' • WW A FINTRIPPIR • • ' 1 • • • 1 " 1 1 " • " • • " 1 - • • - • 1 • 1 1 • • 1 1 • 1 • TS - • 1 . / _ _ _ 1 • _ _ • • I • • 1 • _ _ _ _ 1wp • • • - 1 . 1 • " • 1 • 11 1 • " 1 1 - - - - rd" oral • • 1 1 . - • • • I • 1 • • • • - - -9"warmill . . 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YYr . •i • rI I INA VIA 1. 1 _ _ 1 1. 1 _ _ • _ It 11 11 • . L 1 _ omkw.9 ��. oror9wrrn Perm WINK • . 61 _ On • . 61 _ . IS .War OY . . Y • . /. L _ • — • . 61 _ • . L 1 _ a 11- 2 ONO Will r r • r • r • . r • • . r •Pi r r ' • . • r • • • r • r r r ' • r • � • • r • • • . r . • r • r ' • r ' _ _ • • r • r • • • • ' OWN • . • r 1 • ' r • • ' • ' r _ ! I I W, r . • • • r • r • • • r . r • • r • • • r . • • • r ' • • _ 1 . � • • , r . r • r • r • . r • • • r • r . • • r r . r • r _ r . • • • • • • • . r • r • r 111 INS . wig . • r • • r r • • • • r ' • . r 110 pj � l MILO _ I m IV 1 Mr . r • r • , r • . • • • • • r • r • r . r • ' • • r . . • • . • r r I : r • • � r • r � I I A 1 4, Pip I • "� .`': n'1�9 ,p4�r to rRt`i1 saWrr'a"'Z`;1 `.. 3 ,020'9 MaWWWWWWWWWWWWW ' 11, WPM Ir %$3y > t.. prf a ?.Y s3 9 z a } a � Lxra st? > ' sf§84 £ 9 ? qY {# . . . . - . � C- Ray sa. .aa,T>� ✓ d£» la 1 ( sR3 ,n3 r � 2" > -' - ' - -,. . - _ - •_ . I. 1 . . _ . • ' . •.. . . - a'#��' �� � ��� ���1� � �� �.,� � a �,'r- ¢ z, 9.�;�bb sr��, . = � a% og# a� � a�a ��� . _ _ _ _ r � A) � � �»7 as•, ;F. -a d� • # f ' a���83 � :h s #lr ;%`§$+* ('�4 a �� € # £ x aa' € 1 ? a .ar WPM ! ' , • v tr air „ i 3 Visas ya • . I. 1 _ •. _ _ _ 04 _ v 'a • .w'€a 5 r xax.r ;y5 qmi III, .^, � � l z a 9 d a Z - - > tlf aa'�#$sa � > n� F'� ✓ f#z �J�t '�' ��*��a..� � b # �r� €»1�:. ba _`�� 3 c a # 9 a #9 r s €i - - - 'i3�` • �° �, €�`w`" �v�f� �m. # m #q r [ i if �P s7�,§�S n rt, z ;5#`� i g a; itIrp , s3, » ., f1. r • ! tE & �`?'4n : � r lu i §'4 + 5 � 4t�,4, .i5v ot3 x>'z #£ € ✓ �?P € Y , 3r;'31` atzn ✓. ew 11 11 ' ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES New Paragraphs 6.02.B.1 , 2, 3, 4, and 5 have been ' added. Seethe Supplementary Conditions. 6 . 01 Supervision and Superintendence 6 . 03 Services, Materials, and Equipment A. CONTRACTOR shall supervise, inspect, and ' direct the Work competently and efficiently, devoting such A. Unless otherwise specified in the General Re- attention thereto and applying such skills and expertise as quirements, CONTRACTOR shall provide and assume full may be necessary to perform the Work in accordance with responsibility for all services, materials, equipment, labor, ' the Contract Documents . CONTRACTOR shall be solely transportation, construction equipment and machinery, responsible for the means, methods, techniques, sequences, tools, appliances, fuel, power, light, heat, telephone, water, and procedures of construction, but CONTRACTOR shall sanitary facilities, temporary facilities, and all other not be responsible for the negligence of OWNER or facilities and incidentals necessary for the performance, ' ENGINEER in the design or specification of a specific testing, start-up, and completion of the Work. means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly B . All materials and equipment incorporated into the ' required by the Contract Documents. CONTRACTOR Work shall be as specified or, if not specified, shall be of shall be responsible to see that the completed Work good quality and new, except as otherwise provided in the complies accurately with the Contract Documents. Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly ' B . At all times during the progress of the Work, run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall assign a competent resident superin- CONTRACTOR shall famish satisfactory evidence tendent thereto who shall not be replaced without written (including reports of required tests) as to the source, kind, notice to OWNER and ENGINEER except under and quality of materials and equipment. All materials and extraordinary circumstances. The superintendent will be equipment shall be stored, applied, installed, connected, CONTRACTOR's representative at the Site and shall have erected, protected, used, cleaned, and conditioned in authority to act on behalf of CONTRACTOR. All accordance with instructions of the applicable Supplier, ' communications given to or received from the superin- except as otherwise may be provided in the Contract Docu- tendent shall be binding on CONTRACTOR. ments. ' 6.02 Labor; Working Hours 6.04 Progress Schedule A. CONTRACTOR shall provide competent, suitably A. CONTRACTOR shall adhere to the progress qualified personnel to survey, lay out, and construct the schedule established in accordance with paragraph 2 .07 as it ' Work as required by the Contract Documents. CON- may be adjusted from time to time as provided below. TRACTOR shall at all times maintain good discipline and order at the Site . 1 . CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in B . Except as otherwise required for the safety or paragraph 2.07) proposed adjustments in the prog- protection of persons or the Work or property at the Site or ress schedule that will not result in changing the ' adjacent thereto, and except as otherwise stated in the Contract Times (or Milestones). Such adjustments Contract Documents, all Work at the Site shall be will conform generally to the progress schedule then performed during regular working hours, and CON- in effect and additionally will comply with any TRACTOR will not permit overtime work or the provisions of the General Requirements applicable ' performance of Work on Saturday, Sunday, or any legal thereto, holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to 2. Proposed adjustments in the progress ' ENGINEER. schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12 . Such adjustments may only be made by a Change Order or Written ' Amendment in accordance with Article 12. r00700 - 20 6 .05 Substitutes and "Or-Equals " b. CONTRACTOR shall submit sufficient ' Paragraph 6.05.A has been deleted and replaced with a information as provided below to allow ENGI- new paragraph. See the Supplementary Conditions. NEER to determine that 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 Supplier-, the speeifieafien er- deser-ipfim. is intended We of material or equipment will not be accepted by estahnsl; thp. -ype;fiffletiei% appeaFanee, and quahty ENGINEER from anyone other than CON- TRACTOR, equal" :.e.m. eF He ..ubst utie„ is pe...ai#eEi a dor i c. The procedure for review by ENGI- NEER will be as set forth in paragraph ' Suppliers may be submitted te EINCA EE fer- 6.05 .A.2.d, as supplemented in the General under- the e4mfflMmM*�;;4;e-,eass desefibed below. Requirements and as ENGINEER may decide is appropriate under the circumstances. ' 1 . "Or-Equal " Items: If in ENGINEER's sole discretion an item of material or equipment pro- d. CONTRACTOR shall first make written posed by CONTRACTOR is functionally equal to application to ENGINEER for review of a that named and sufficiently similar so that no change proposed substitute item of material or ' in related Work will be required, it may be con- equipment that CONTRACTOR seeks to furnish sidered by ENGINEER as an "or-equal" item, in or use. The application shall certify that the which case review and approval of the proposed proposed substitute item will perform adequately ' item may, in ENGINEER's sole discretion, be the functions and achieve the results called for accomplished without compliance with some or all by the general design, be similar in substance to of the requirements for approval of proposed substi- that specified, and be suited to the same use as tute items. For the purposes of this paragraph that specified. The application will state the 6.05 .A. 1 , a proposed item of material or equipment extent, if any, to which the use of the proposed will be considered functionally equal to an item so substitute item will prejudice CONTRACTOR's named if: achievement of Substantial Completion on time, ' whether or not use of the proposed substitute Sentence 6.05.A.1 .a.(ii) has been deleted and replaced item in the Work will require a change in any of with a new sentence. See the Supplementary the Contract Documents (or in the provisions of ' Conditions. any other direct contract with OWNER for work a. in the exercise of reasonable judgment on the Project) to adapt the design to the ENGINEER determines that: (i) it is at least proposed substitute item and whether or not equal in quality, durability, appearance, strength, incorporation or use of the proposed substitute ' and design characteristics; (ii) it v41r-ehab item in connection with the Work is subject to pe; feFm -at least equally mie.l} dh payment of any license fee or royalty. All variations of the proposed substitute item from ' that specified will be identified in the applica- tion, and available engineering, sales, b. CONTRACTOR certifies that: (i) there is maintenance, repair, and replacement services no increase in cost to the OWNER; and (ii) it will be indicated. The application will also ' will conform substantially, even with deviations, contain an itemized estimate of all costs or to the detailed requirements of the item named in credits that will result directly or indirectly from the Contract Documents. use of such substitute item, including costs of ' redesign and claims of other contractors affected 2. Substitute Items by any resulting change, all of which will be considered by ENGINEER in evaluating the a. If in ENGINEER' s sole discretion an proposed substitute item. ENGINEER may ' item of material or equipment proposed by require CONTRACTOR to furnish additional CONTRACTOR does not qualify as an data about the proposed substitute item. "or-equal" item under paragraph 6.05 .A. 1 , it will be considered a proposed substitute item 00700 - 21 ' B . Substitute Construction Methods or Procedures: or other individual or entity to fiunish or perform any of the If a specific means, method, technique, sequence, or Work against whom CONTRACTOR has reasonable ' procedure of construction is shown or indicated in and objection. expressly required by the Contract Documents, CON- TRACTOR may furnish or utilize a substitute means, meth- B . If the Supplementary Conditions require the od, technique, sequence, or procedure of construction identity of certain Subcontractors, Suppliers, or other ' approved by ENGINEER CONTRACTOR shall submit individuals or entities to be submitted to OWNER in sufficient information to allow ENGINEER, in advance for acceptance by OWNER by a specified date ENGINEER's sole discretion, to determine that the prior to the Effective Date of the Agreement, and if ' substitute proposed is equivalent to that expressly called for CONTRACTOR has submitted a list thereof in accordance by the Contract Documents. The procedure for review by with the Supplementary Conditions, OWNER' s acceptance ENGINEER will be similar to that provided in subpara- (either in writing or by failing to make written objection graph 6.O1 .A.2 . thereto by the date indicated for acceptance or objection in ' the Bidding Documents or the Contract Documents) of any C. Engineer 's Evaluation : ENGINEER will be such Subcontractor, Supplier, or other individual or entity allowed a reasonable time within which to evaluate each so identified may be revoked on the basis of reasonable ' proposal or submittal made pursuant to paragraphs 6 .05 .A objection after due investigation. CONTRACTOR shall and 6.05 .B . ENGINEER will be the sole judge of accept- submit an acceptable replacement for the rejected ability. No "or-equal" or substitute will be ordered, Subcontractor, Supplier, or other individual or entity, and installed or utilized until ENGINEER's review is complete, the Contract Price will be adjusted by the difference in the ' which will be evidenced by either a Change Order for a cost occasioned by such replacement, and an appropriate substitute or an approved Shop Drawing for an "or equal." Change Order will be issued or Written Amendment signed. ENGINEER will advise CONTRACTOR in writing of any No acceptance by OWNER of any such Subcontractor, negative determination. Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of D. Special Guarantee: OWNER may require CON- OWNER or ENGINEER to reject defective Work. ' TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect C. CONTRACTOR shall be fully responsible to to any substitute. OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities ' E. ENGINEER 's Cost Reimbursement: ENGINEER performing or finnishing any of the Work just as will record time required by ENGINEER and CONTRACTOR is responsible for CONTRACTOR' s own ENGINEER' s Consultants in evaluating substitute proposed acts and omissions. Nothing in the Contract Documents ' or submitted by CONTRACTOR pursuant to paragraphs shall create for the benefit of any such Subcontractor, 6 .05 .A.2 and 6 .05 .13 and in making changes in the Contract Supplier, or other individual or entity any contractual Documents (or in the provisions of any other direct contract relationship between OWNER or ENGINEER and any such with OWNER for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, nor ' Whether or not ENGINEER approves a substitute item so shall it create any obligation on the part of OWNER or proposed or submitted by CONTRACTOR, CON- ENGINEER to pay or to see to the payment of any moneys TRACTOR shall reimburse OWNER for the charges of due any such Subcontractor, Supplier, or other individual or ENGINEER and ENGINEER's Consultants for evaluating entity except as may otherwise be required by Laws and each such proposed substitute. Regulations . F. CONTRACTOR 's Expense: CONTRACTOR shall A new sentence has been added at the end of Paragraph ' provide all data in support of any proposed substitute or 6.06.C. See the Supplementary Conditions. "or-equal" at CONTRACTOR' s expense. D. CONTRACTOR shall be solely responsible for ' 6.06 Concerning Subcontractors, Suppliers, and Others scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or A. CONTRACTOR shall not employ any Subcon- fiunishing any of the Work under a direct or indirect ' tractor, Supplier, or other individual or entity (including contract with CONTRACTOR. those acceptable to OWNER as indicated in paragraph 6.06 .13), whether initially or as a replacement, against whom E. CONTRACTOR shall require all Subcontractors, OWNER may have reasonable objection. CONTRACTOR Suppliers, and such other individuals or entities performing ' shall not be required to employ any Subcontractor, Supplier, 00700 - 22 1 or furnishing any of the Work to communicate with ENGI- and other professionals and all court or arbitration or other NEER through CONTRACTOR. dispute resolution costs) arising out of or relating to any ' infringement of patent rights or copyrights incident to the F. The divisions and sections of the Specifications use in the performance of the Work or resulting from the and the identifications of any Drawings shall not control incorporation in the Work of any invention, design, process, CONTRACTOR in dividing the Work among Subcon- product, or device not specified in the Contract Documents . ' tractors or Suppliers or delineating the Work to be performed by any specific trade. 6 .08 Permits t G. All Work performed for CONTRACTOR by a A. Unless otherwise provided in the Supplementary Subcontractor or Supplier will be pursuant to an appropriate Conditions, CONTRACTOR shall obtain and pay for all agreement between CONTRACTOR and the Subcontractor construction permits and licenses . OWNER shall assist or Supplier which specifically binds the Subcontractor or CONTRACTOR, when necessary, in obtaining such ' Supplier to the applicable terms and conditions of the permits and licenses . CONTRACTOR shall pay all Contract Documents for the benefit of OWNER and governmental charges and inspection fees necessary for the ENGINEER. Whenever any such agreement is with a prosecution of the Work which are applicable at the time of ' Subcontractor or Supplier who is listed as an additional opening of Bids, or, if there are no Bids, on the Effective insured on the property insurance provided in paragraph Date of the Agreement. CONTRACTOR shall pay all 5 .06, the agreement between the CONTRACTOR and the charges of utility owners for connections to the Work, and Subcontractor or Supplier will contain provisions whereby OWNER shall pay all charges of such utility owners for ' the Subcontractor or Supplier waives all rights against capital costs related thereto, such as plant investment fees. OWNER, CONTRACTOR, ENGINEER, ENGINEER' s Consultants, and all other individuals or entities identified in New Paragraphs 6.08.B, C, and D have been added. See ' the Supplementary Conditions to be listed as insureds or the Supplementary Conditions. additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors 6 . 09 Laws and Regulations ' of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the A. CONTRACTOR shall give all notices and comply perils or causes of loss covered by such policies and any with all Laws and Regulations applicable to the other property insurance applicable to the Work. If the performance of the Work. Except where otherwise ' insurers on any such policies require separate waiver forms expressly required by applicable Laws and Regulations, to be signed by any Subcontractor or Supplier, CONTRAC- neither OWNER nor ENGINEER shall be responsible for TOR will obtain the same. monitoring CONTRACTOR's compliance with any Laws ' or Regulations . 6. 07 Patent Fees and Royalties B . If CONTRACTOR performs any Work knowing A. CONTRACTOR shall pay all license fees and or having reason to know that it is contrary to Laws or ' royalties and assume all costs incident to the use in the Regulations, CONTRACTOR shall bear all claims, costs, performance of the Work or the incorporation in the Work losses, and damages (including but not limited to all fees of any invention, design, process, product, or device which and charges of engineers, architects, attorneys, and other is the subject of patent rights or copyrights held by others . professionals and all court or arbitration or other dispute If a particular invention, design, process, product, or device resolution costs) arising out of or relating to such Work; is specified in the Contract Documents for use in the however, it shall not be CONTRACTOR' s primary performance of the Work and if to the actual knowledge of responsibility to make certain that the Specifications and ' OWNER or ENGINEER its use is subject to patent rights or Drawings are in accordance with Laws and Regulations, but copyrights calling for the payment of any license fee or this shall not relieve CONTRACTOR of CONTRACTOR' s royalty to others, the existence of such rights shall be obligations under paragraph 3 .03 . ' disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at the CONTRACTOR shall indemnify and hold harmless time of opening of Bids (or, on the Effective Date of the OWNER, ENGINEER, ENGINEER's Consultants, and the Agreement if there were no Bids) having an effect on the ' officers, directors, partners, employees or agents, and other cost or time of performance of the Work may be the subject consultants of each and any of them from and against all of an adjustment in Contract Price or Contract Times. If claims, costs, losses, and damages (including but not limited OWNER and CONTRACTOR are unable to agree on ' to all fees and charges of engineers, architects, attorneys, entitlement to or on the amount or extent, if any, of any such 00700 - 23 ' adjustment, a Claim may be made therefor as provided in disposal of such waste materials, rubbish, and other debris paragraph 10.05 . shall conform to applicable Laws and Regulations. ' 6. 10 Taxes C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it A. CONTRACTOR shall pay all sales, consumer, ready for utilization by OWNER. At the completion of the use, and other similar taxes required to be paid by Work CONTRACTOR shall remove from the Site all tools, CONTRACTOR in accordance with the Laws and appliances, construction equipment and machinery, and Regulations of the place of the Project which are applicable surplus materials and shall restore to original condition all during the performance of the Work. property not designated for alteration by the Contract Documents . 6 . 11 Use of Site and Other Areas D. Loading Structures: CONTRACTOR shall not A. Limitation on Use of Site and Other Areas load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 1 . CONTRACTOR shall confine CONTRACTOR subject any part of the Work or adjacent construction equipment, the storage of materials and property to stresses or pressures that will endanger it. equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, 6. 12 Record Documents ' and shall not unreasonably encumber the Site and other areas with construction equipment or other A. CONTRACTOR shall maintain in a safe place at materials or equipment. CONTRACTOR shall the Site one record copy of all Drawings, Specifications, assume full responsibility for any damage to any Addenda, Written Amendments, Change Orders, Work such land or area, or to the owner or occupant Change Directives, Field Orders, and written interpretations thereof, or of any adjacent land or areas resulting and clarifications in good order and annotated to show from the performance of the Work changes made during construction. These record documents together with all approved Samples and a 2 . Should any claim be made by any such counterpart of all approved Shop Drawings will be available owner or occupant because of the performance of to ENGINEER for reference. Upon completion of the the Work, CONTRACTOR shall promptly settle Work, these record documents, Samples, and Shop with such other party by negotiation or otherwise Drawings will be delivered to ENGINEER for OWNER. resolve the claim by arbitration or other dispute resolution proceeding or at law. 6 . 13 Safety and Protection 3 . To the fullest extent permitted by Laws A. CONTRACTOR shall be solely responsible for and Regulations, CONTRACTOR shall indemnify initiating, maintaining and supervising all safety precautions and hold harmless OWNER, ENGINEER, and programs in connection with the Work. ' ENGINEER's Consultant, and the officers, CONTRACTOR shall take all necessary precautions for the directors, partners, employees, agents, and other safety of, and shall provide the necessary protection to consultants of each and any of them from and prevent damage, injury or loss to : against all claims, costs, losses, and damages (including but not limited to all fees and charges of 1 . all persons on the Site or who may be engineers, architects, attorneys, and other affected by the Work; professionals and all court or arbitration or other ' dispute resolution costs) arising out of or relating to 2 . all the Work and materials and equip- any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage any such owner or occupant against OWNER, on or off the Site ; and ' ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon 31 other property at the Site or adjacent CONTRACTOR's performance of the Work thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- B . Removal of Debris During Performance of the ground Facilities not designated for removal, reloca- Work: During the progress of the Work CONTRACTOR tion, or replacement in the course of construction. shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and 00700 - 24 iB . CONTRACTOR shall comply with all applicable give ENGINEER prompt written notice if CONTRACTOR Laws and Regulations relating to the safety of persons or believes that any significant changes in the Work or ' property, or to the protection of persons or property from variations from the Contract Documents have been caused damage, injury, or loss ; and shall erect and maintain all thereby or are required as a result thereof. If ENGINEER necessary safeguards for such safety and protection. determines that a change in the Contract Documents is CONTRACTOR shall notify owners of adjacent property required because of the action taken by CONTRACTOR in and of Underground Facilities and other utility owners when response to such an emergency, a Work Change Directive prosecution of the Work may affect them, and shall or Change Order will be issued. cooperate with them in the protection, removal, relocation, ' and replacement of their property. All damage, injury, or 6. 17 Shop Drawings and Samples 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, A. CONTRACTOR shall submit Shop Drawings to by CONTRACTOR, any Subcontractor, Supplier, or any ENGINEER for review and approval in accordance with the ' other individual or entity directly or indirectly employed by acceptable schedule of Shop Drawings and Sample any of them to perform any of the Work, or anyone for submittals. All submittals will be identified as ENGINEER whose acts any of them may be liable, shall be remedied by may require and in the number of copies specified in the CONTRACTOR (except damage or loss attributable to the General Requirements . The data shown on the Shop fault of Drawings or Specifications or to the acts or Drawings will be complete with respect to quantities, omissions of OWNER or ENGINEER or ENGINEER' s dimensions, specified performance and design criteria, Consultant, or anyone employed by any of them, or anyone materials, and similar data to show ENGINEER the for whose acts any of them may be liable, and not services, materials, and equipment CONTRACTOR attributable, directly or indirectly, in whole or in part, to the proposes to provide and to enable ENGINEER to review fault or negligence of CONTRACTOR or any the information for the limited purposes required by Subcontractor, Supplier, or other individual or entity paragraph 6. 17 .E. directly or indirectly employed by any of them) . CONTRACTOR's duties and responsibilities for safety and B . CONTRACTOR shall also submit Samples to ' for protection of the Work shall continue until such time as ENGINEER for review and approval in accordance with the all the Work is completed and ENGINEER has issued a acceptable schedule of Shop Drawings and Sample notice to OWNER and CONTRACTOR in accordance with submittals. Each Sample will be identified clearly as to paragraph 14 .07 .B that the Work is acceptable (except as material, Supplier, pertinent data such as catalog numbers, otherwise expressly provided in connection with Substantial and the use for which intended and otherwise as ENGI- Completion) . NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6 . 14 Safety Representative 6. 17 .E. The numbers of each Sample to be submitted will be as specified in the Specifications. A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties C. Where a Shop Drawing or Sample is required by and responsibilities shall be the prevention of accidents and the Contract Documents or the schedule of Shop Drawings the maintaining and supervising of safety precautions and and Sample submittals acceptable to ENGINEER as programs, required by paragraph 2 .07, any related Work performed prior to ENGINEER's review and approval of the pertinent 6. 15 Hazard Communication Programs submittal will be at the sole expense and responsibility of CONTRACTOR. ' A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other D . Submittal Procedures hazard communication information required to be made available to or exchanged between or among employers at 1 . Before submitting each Shop Drawing or the Site in accordance with Laws or Regulations. Sample, CONTRACTOR shall have determined and verified: 6 . 16 Emergencies a, all field measurements, quantities, dimen- A. In emergencies affecting the safety or protection of sions, specified performance criteria, installation persons or the Work or property at the Site or adjacent requirements, materials, catalog numbers, and thereto, CONTRACTOR is obligated to act to prevent similar information with respect thereto; threatened damage, injury, or loss . CONTRACTOR shall 00700 - 25 b. all materials with respect to intended use, incident thereto. The review and approval of a fabrication, shipping, handling, storage, assem- separate item as such will not indicate approval of ' bly, and installation pertaining to the perfor- the assembly in which the item functions. mance of the Work; 3 . ENGINEER's review and approval of c. all information relative to means, meth- Shop Drawings or Samples shall not relieve CON- ods, techniques, sequences, and procedures of TRACTOR from responsibility for any variation construction and safety precautions and from the requirements of the Contract Documents programs incident thereto; and unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the d. CONTRACTOR shall also have time of each submittal as required by paragraph reviewed and coordinated each Shop Drawing or 6. 17.D .3 and ENGINEER has given written Sample with other Shop Drawings and Samples approval of each such variation by specific written ' and with the requirements of the Work and the notation thereof incorporated in or accompanying Contract Documents . the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR 2. Each submittal shall bear a stamp or from responsibility for complying with the require- specific written indication that CONTRACTOR has ments of paragraph 6. 17 .D . 1 . satisfied CONTRACTOR' s obligations under the Contract Documents with respect to F. Resubmittal Procedures CONTRACTOR' s review and approval of that submittal. 1 . CONTRACTOR shall make corrections required by ENGINEER and shall return the 3 . At the time of each submittal, CON- required number of corrected copies of Shop TRACTOR shall give ENGINEER specific written Drawings and submit as required new Samples for notice of such variations, if any, that the Shop Draw- review and approval. CONTRACTOR shall direct ing or Sample submitted may have from the require- specific attention in writing to revisions other than ments of the Contract Documents, such notice to be the corrections called for by ENGINEER on previ- in a written communication separate from the ous submittals. submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and New Paragraph 6.17.G has been added. See the Sample submitted to ENGINEER for review and Supplementary Conditions. approval of each such variation. 6 . 18 Continuing the Work E. ENGINEER 'S Review A. CONTRACTOR shall carry on the Work and 1 . ENGINEER will timely review and adhere to the progress schedule during all disputes or approve Shop Drawings and Samples in accordance disagreements with OWNER. No Work shall be delayed or with the schedule of Shop Drawings and Sample postponed pending resolution of any disputes or submittals acceptable to ENGINEER, disagreements, except as permitted by paragraph 15 .04 or as ' ENGINEER's review and approval will be only to OWNER and CONTRACTOR may otherwise agree in determine if the items covered by the submittals will, writing. after installation or incorporation in the Work, con- form to the information given in the Contract Docu- 6. 19 CONTRACTOR 's General Warranty and ' ments and be compatible with the design concept of Guarantee the completed Project as a functioning whole as indicated by the Contract Documents. A. CONTRACTOR warrants and guarantees to ' OWNER, ENGINEER, and ENGINEER' s Consultants that 2 . ENGINEER's review and approval will all Work will be in accordance with the Contract Docu- not extend to means, methods, techniques, ments and will not be defective. CONTRACTOR's sequences, or procedures of construction (except warranty and guarantee hereunder excludes defects or where a particular means, method, technique, damage caused by: sequence, or procedure of construction is specifically and expressly called for by the Contract 1 . abuse, modification, or improper main- Documents) or to safety precautions or programs tenance or operation by persons other than CON- 00700 - 26 ON-00700 - 26 ' • • ' / 111 . • . . • 1 . 1 " • • • 1 1 • 1 • • ' • ' a 1 • 1 • . " 1 • - - - � ump�- Kwr.vm ."M- . M . A WIT" W • I • • • • . 1 1 - . 1 1 - - mailwatimin It " . 1 1 " • • • 1 • • • . 1 "DOWPOW III, TWO • • • • 1 ' . 1 - • 1 • • ' • 1 . - 00 - . 1 1 • 1 11 • 1 ' • 1 • . • • . • mr, 11 . • 1 • • " 1 " • . . • • 1 1 1 • • • • 1 • . � • • 1 " 1 • . • _ 1 I • • • • IU " 1 1 1 1 • • n . • 1 " 1 . . . . . . " 1 " 1 • • 1 - 1 .IT • - - . " 1 " • ' 1 _ 1 TIP 1111T. 11, 08 1 1 . 1 11 1 1 1 • . _ • 1 • Y 11 11 r rARTICLE 7 - OTHER WORK integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. ' 7 .01 Related Work at Site 7 . 02 Coordination A. OWNER may perform other work related to the A. If OWNER intends to contract with others for the r Project at the Site by OWNER's employees, or let other performance of other work on the Project at the Site, the direct contracts therefor, or have other work performed by following will be set forth in Supplementary Conditions : utility owners . If such other work is not noted in the Con- tract Documents, then: 1 . the individual or entity who will have authority and responsibility for coordination of the 1 . written notice thereof will be given to activities among the various contractors will be CONTRACTOR prior to starting any such other identified; r work; and 2 , the specific matters to be covered by such 2 . if OWNER and CONTRACTOR are authority and responsibility will be itemized; and unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract 3 , the extent of such authority and responsi- Price or Contract Times that should be allowed as a bilines will be provided. result of such other work, a Claim may be made therefor as provided in paragraph 10.05 . B . Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- B . CONTRACTOR shall afford each other contractor sibility for such coordination. who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER' s employees) proper and safe access to ARTICLE 8 - OWNER' S RESPONSIBILITIES the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work 8 .01 Communications to Contractor with theirs . Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, A. Except as otherwise provided in these General and patching of the Work that may be required to properly Conditions, OWNER shall issue all communications to connect or otherwise make its several parts come together CONTRACTOR through ENGINEER. and properly integrate with such other work. CON- TRACTOR shall not endanger any work of others by 8 .02 Replacement of ENGINEER cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Part of paragraph 8.02.A has been deleted. ' ENGINEER and the others whose work will be affected. A. In case of termination of the employment of The duties and responsibilities of CONTRACTOR under ENGINEER, OWNER shall appoint an engineer-to- whom this paragraph are for the benefit of such utility owners and G01hRIRACT-OR makes n reasonable ebjee fie. whose ' other contractors to the extent that there are comparable status under the Contract Documents shall be that of the provisions for the benefit of CONTRACTOR in said direct former ENGINEER, contracts between OWNER and such utility owners and other contractors. 8 .03 Furnish Data rC. If the proper execution or results of any part of A. OWNER shall promptly furnish the data required CONTRACTOR's Work depends upon work performed by of OWNER under the Contract Documents . ' others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in 8 . 04 Pay Promptly When Due writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper A. OWNER shall make payments to CONTRACTOR ' execution and results of CONTRACTOR' s Work. promptly when they are due as provided in paragraphs CONTRACTOR' s failure to so report will constitute an 14.02 .0 and 14.07 .C. acceptance of such other work as fit and proper for 1 r00700 - 28 ' 8 . 05 Lands and Easements; Reports and Tests responsibility in respect thereof will be as set forth in the Supplementary Conditions . ' A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05 . ARTICLE 9 - ENGINEER' S STATUS DURING Paragraph 4 .02 refers to OWNER' s identifying and making CONSTRUCTION available to CONTRACTOR copies of reports of explora- tions and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or 9 . 01 0 WNER 'S Represen ta tive subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract A. ENGINEER will be OWNER' s representative Documents. during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as 8 .06 Insurance OWNER' s representative during construction are set forth in the Contract Documents and will not be changed without A. OWNER's responsibilities, if any, in respect to written consent of OWNER and ENGINEER. purchasing and maintaining liability and property insurance are set forth in Article 5 . 9 .02 Visits to Site 8 .07 Change Orders A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as A. OWNER is obligated to execute Change Orders as ENGINEER deems necessary in order to observe as an indicated in paragraph 10.03 . experienced and qualified design professional the progress that has been made and the quality of the various aspects of 8 . 08 Inspections, Tests, and Approvals CONTRACTOR' s executed Work. Based on information obtained during such visits and observations, ENGINEER, ' A. OWNER's responsibility in respect to certain for the benefit of OWNER, will determine, in general, if the inspections, tests, and approvals is set forth in paragraph Work is proceeding in accordance with the Contract 13 .03 .B . Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check 8 . 09 Limitations on OWNER 's Responsibilities the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater A. The OWNER shall not supervise, direct, or have degree of confidence that the completed Work will conform ' control or authority over, nor be responsible for, generally to the Contract Documents. On the basis of such CONTRACTOR's means, methods, techniques, sequences, visits and observations, ENGINEER will keep OWNER or procedures of construction, or the safety precautions and informed of the progress of the Work and will endeavor to programs incident thereto, or for any failure of CON- guard OWNER against defective Work. TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be B . ENGINEER' s visits and observations are subject responsible for CONTRACTOR' S failure to perform the to all the limitations on ENGINEER's authority and ' Work in accordance with the Contract Documents . responsibility set forth in paragraph 9. 10, and particularly, but without limitation, during or as a result of ENGINEER's 8 . 10 Undisclosed Hazardous Environmental visits or observations of CONTRACTOR's Work ' ConditionENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR' s A. OWNER's responsibility in respect to an undis- means, methods, techniques, sequences, or procedures of closed Hazardous Environmental Condition is set forth in construction, or the safety precautions and programs paragraph 4.06. incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the 8 . 11 Evidence of Financial Arrangements performance of the Work. A. If and to the extent OWNER has agreed to fiunish 9 .03 Project Representative CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's A. If OWNER and ENGINEER agree, ENGINEER tobligations under the Contract Documents, OWNER's will fiummish a Resident Project Representative to assist 00700 - 29 o (? C� Ina 'Con, vw no o• cG ' co O m 040 O co Ci a . cu O r: cu n C O a� Y G vi co a, o a co a o o p 0 a •�y Z � � � � � G7 ow�a o• 14 0� ti YZ nA 0G �tt • o:. /p� oa .�7 Fn Moao OA o tw CD rD 0 aa trl y0nawnoa cp�aDc]i' ;orr � oRA i g tNa < . w `D co � << " �cg a0z a' N cc ; a n O tT l O O� O a. O w O ° cNo o tos A o Cp, w 0 0 0 m 5 Z :h b cao C �' p ri7 y O %� p p cu a a' w �' n CD (Dw ce cG a .. . a , P'� �' A �y >! �. ti a C O (D n cG • lD fD t a. O O Iro w o cu w a s �. w w co A '+ w y oy `p a � Oan" ro `Q. w CD trJ CO 0 � 'G tri p .,� < y w a �--� a C7 cu w a f7 O cf Di �' o off' m ° w c"o �"' M c°� o °, ° cQo � a O o' 041 ao a ya On a I CD oemsc!�A-o''' �,roGy �OafD' arGc•n•o 'd"' roo omeb•„'• bp Ma' �• ao O �G' aeSG' £�on � na o o?C' o��M'h °w a' �pa N � RR„. ."�' �' ytr1 J ��'' `Nd A' oa a�c ° oc �° Co 7CDK ' fid bryww�p aOpcu O p w n =2 (D on w C ° owaCDmo C, t co � 0N o S cdCDkCc� oa . 0 CD CD 0 CD rL CL •, < a• cu p p 'a o C7 O a' o a ; C E'r `D �' •. ° a ., ti a• w ., a co p .y Fn Rs �1 ce co o iv �u •< CD c� °, o `; co i�. Fin co 0 0 C) 0 0 w o � b HCJd ' o ° (00) b `O M, ao o C7 y .° n o Fs 2 a O p' o ro o , �°?. � . ,, a : a � " ; � � a °° 9 � was a ' o �,, 6 v, O cu a' m ° O c� CI o < c `° ° �' a . y tsy a :' O0 con:. t� o' O a+ . . a• w c� vco O :; � z b Oa+ ' id (� z b a � . � a . O a `�' o O n �*, m CL tii a H n o n n o ' o ° oo p' i_ ' », a 1• �° p- ° z a 0 . �' o o �, o w� o b �°• W �' °n w w ao O c�r cru tly p o trJ 'b c"o p CD • FAtil w A N n 21. •,�* `� cao .a a. oor v a k a tai o o o' o' c o Cr" o y o cui o 0 o a• a h� p Z r, a a a oq '" •b p .. . w p co O c� Fs w ti b a ' u to v, H fir, cu r' cbn � c~u `� c~�o' y O _' cao CD C co tri o t17 t=i a o p d ti o Y ro cu _ COD CD � c "' to, o ° "' ' CD w w 4) m a aOma " : o. z a 4� tri . eo w 'b o °� b w o pttTl :0 p a a c° ° njCD `T? •a �? p y o � • co CD �a 0Z � y . � � Ono a a � a a o 00 0 ee o G OcD rop ' p CD cr � , p °a y 0 ,oti ° hyp CSA w w O ' pr-Peed .t to a" eme a by OV4ry GO-1 R w CTO ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work 9 . 10 Limitations on ENGINEER 's Authority and A. Without invalidating the Agreement and without ' Responsibilities notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work A. Neither ENGINEER' s authority or responsibility by a Written Amendment, a Change Order, or a Work under this Article 9 or under any other provision of the Change Directive. Upon receipt of any such document, Contract Documents nor any decision made by ENGINEER CONTRACTOR shall promptly proceed with the Work in good faith either to exercise or not exercise such involved which will be performed under the applicable authority or responsibility or the undertaking, exercise, or conditions of the Contract Documents (except as otherwise performance of any authority or responsibility by specifically provided). ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to B . If OWNER and CONTRACTOR are unable to CONTRACTOR, any Subcontractor, any Supplier, any agree on entitlement to, or on the amount or extent, if any, other individual or entity, or to any surety for or employee of an adjustment in the Contract Price or Contract Times, or or agent of any of them both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in B . ENGINEER will not supervise, direct, control, or paragraph 10.05 . have authority over or be responsible for CONTRACTOR' s means, methods, techniques, sequences, or procedures of 10. 02 Unauthorized Changes in the Work construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to A. CONTRACTOR shall not be entitled to an comply with Laws and Regulations applicable to the perfor- increase in the Contract Price or an extension of the mance of the Work. ENGINEER will not be responsible Contract Times with respect to any work performed that is for CONTRACTOR's failure to perform the Work in accor- not required by the Contract Documents as amended, dance with the Contract Documents . modified, or supplemented as provided in paragraph 3 .04, except in the case of an emergency as provided in paragraph C. ENGINEER will not be responsible for the acts or 6 . 16 or in the case of uncovering Work as provided in omissions of CONTRACTOR or of any Subcontractor, any paragraph 13 .04.B . Supplier, or of any other individual or entity performing any of the Work. 10 . 03 Execution of Change Orders D . ENGINEER's review of the final Application for A. OWNER and CONTRACTOR shall execute Payment and accompanying documentation and all mainte- appropriate Change Orders recommended by ENGINEER ' nance and operating instructions, schedules, guarantees, (or Written Amendments) covering: Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 1 . changes in the Work which are : (i) 14.07.A will only be to determine generally that their ordered by OWNER pursuant to paragraph 10. 0 LA, content complies with the requirements of, and in the case (ii) required because of acceptance of defective of certificates of inspections, tests, and approvals that the Work under paragraph 13 .08 .A or OWNER' s ' results certified indicate compliance with, the Contract correction of defective Work under paragraph 13 .09, Documents. or (iii) agreed to by the parties; E. The limitations upon authority and responsibility 2 , changes in the Contract Price or Contract set forth in this paragraph 9. 10 shall also apply to Times which are agreed to by the parties, including ENGINEER' s Consultants, Resident Project Repre- any undisputed sum or amount of time for Work sentative, and assistants. 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 para- 00700 - 31 ara- 00700 - 31 graph 10.05 ; provided that, in lieu of executing any the dispute resolution procedures set forth in Article such Change Order, an appeal may be taken from 16; or ' any such decision in accordance with the provisions of the Contract Documents and applicable Laws and 2, if no such dispute resolution procedures Regulations, but during any such appeal, have been set forth in Article 16, a written notice of CONTRACTOR shall carry on the Work and adhere intention to appeal from ENGINEER' s written ' to the progress schedule as provided in paragraph decision is delivered by OWNER or CONTRAC- 6 . 18 .A. TOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal ' 10.04 Notification to Surety proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after A. If notice of any change affecting the general scope the date of such decision or within 60 days after of the Work or the provisions of the Contract Documents Substantial Completion, whichever is later (unless ' (including, but not limited to, Contract Price or Contract otherwise agreed in writing by OWNER and Times) is required by the provisions of any Bond to be CONTRACTOR), to exercise such rights or given to a surety, the giving of any such notice will be remedies as the appealing party may have with CONTRACTOR' s responsibility. The amount of each respect to such Claim, dispute, or other matter in applicable Bond will be adjusted to reflect the effect of any accordance with applicable Laws and Regulations. such change. C. If ENGINEER does not render a formal decision 10.05 Claims and Disputes in writing within the time stated in paragraph 10.05 .B , a decision denying the Claim in its entirety shall be deemed to A. Notice: Written notice stating the general nature have been issued 31 days after receipt of the last submittal of each Claim, dispute, or other matter shall be delivered by of the claimant or the last submittal of the opposing party, the claimant to ENGINEER and the other party to the if any. Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the D . No Claim for an adjustment in Contract Price or amount or extent of the Claim, dispute, or other matter with Contract Times (or Milestones) will be valid if not supporting data shall be delivered to the ENGINEER and submitted in accordance with this paragraph 10 .05 . 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 ARTICLE 11 - COST OF THE WORK; CASH support of such Claim, dispute, or other matter) . A Claim ALLOWANCES ; UNIT PRICE WORK for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12 .0l .B . A Claim for an adjustment in Contract Time shall be prepared 11 . 01 Cost of the Work in accordance with the provisions of paragraph 12.02.B . Each Claim shall be accompanied by claimant's written A. Costs Included: The term Cost of the Work means statement that the adjustment claimed is the entire the sum of all costs necessarily incurred and paid by CON- adjustment to which the claimant believes it is entitled as a TRACTOR in the proper performance of the Work. When ' result of said event. The opposing party shall submit any the value of any Work covered by a Change Order or when response to ENGINEER and the claimant within 30 days a Claim for an adjustment in Contract Price is determined after receipt of the claimant' s last submittal (unless on the basis of Cost of the Work, the costs to be reimbursed ENGINEER allows additional time) . to CONTRACTOR will be only those additional or incremental costs required because of the change in the B . ENGINEER 's Decision : ENGINEER will render Work or because of the event giving rise to the Claim, a formal decision in writing within 30 days after receipt of Except as otherwise may be agreed to in writing by the last submittal of the claimant or the last submittal of the OWNER, such costs shall be in amounts no higher than opposing party, if any. ENGINEER' s written decision on those prevailing in the locality of the Project, shall include such Claim, dispute, or other matter will be final and only the following items, and shall not include any of the binding upon OWNER and CONTRACTOR unless : costs itemized in paragraph 11 .0l .B . 1 . an appeal from ENGINEER's decision is 1 . Payroll costs for employees in the direct taken within the time limits and in accordance with employ of CONTRACTOR in the performance of the Work under schedules of job classifications 00700 - 32 Iagreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation a. The proportion of necessary trans- superintendents, foremen, and other personnel portation, travel, and subsistence expenses of employed full time at the Site. Payroll costs for CONTRACTOR' s employees incurred in discharge employees not employed full time on the Work shall of duties connected with the Work. be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited b. Cost, including transportation and main- to, salaries and wages plus the cost of fringe tenance, of all materials, supplies, equipment, benefits, which shall include social security machinery, appliances, office, and temporary facili- contributions, unemployment, excise, and payroll ties at the Site, and hand tools not owned by the taxes, workers ' compensation, health and retirement workers, which are consumed in the performance of benefits, bonuses, sick leave, vacation and holiday the Work, and cost, less market value, of such items pay applicable thereto . The expenses of performing used but not consumed which remain the property of Work outside of regular working hours, on Saturday, CONTRACTOR. Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented 2 . Cost of all materials and equipment fur- from CONTRACTOR or others in accordance with nished and incorporated in the Work, including costs rental agreements approved by OWNER with the of transportation and storage thereof, and Suppliers ' advice of ENGINEER, and the costs of field services required in connection therewith. All transportation, loading, unloading, assembly, cash discounts shall accrue to CONTRACTOR dismantling, and removal thereof. All such costs unless OWNER deposits funds with shall be in accordance with the terms of said rental CONTRACTOR with which to make payments, in agreements. The rental of any such equipment, ma- which case the cash discounts shall accrue to chinery, or parts shall cease when the use thereof is OWNER. All trade discounts, rebates and refunds no longer necessary for the Work. and returns from sale of surplus materials and - equipment shall accrue to OWNER, and d. Sales, consumer, use, and other similar CONTRACTOR shall make provisions so that they taxes related to the Work, and for which CON may be obtained. TRACTOR is liable, imposed by Laws and Regu- lations . 3 . Payments made by CONTRACTOR to Subcontractors for Work performed by e . Deposits lost for causes other than negli- Subcontractors. If required by OWNER, CON- gence of CONTRACTOR, any Subcontractor, or TRACTOR shall obtain competitive bids from anyone directly or indirectly employed by any of subcontractors acceptable to OWNER and CON- them or for whose acts any of them may be liable, TRACTOR and shall deliver such bids to OWNER, and royalty payments and fees for permits and who will then determine, with the advice of ENGI- licenses. NEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be f. Losses and damages (and related expenses) paid on the basis of Cost of the Work plus a fee, the caused by damage to the Work, not compensated by Subcontractor' s Cost of the Work and fee shall be insurance or otherwise, sustained by determined in the same manner as CONTRACTOR in connection with the perfor CONTRACTOR' s Cost of the Work and fee as mance of the Work (except losses and damages provided in this paragraph 11 .01 . within the deductible amounts of property insurance established in accordance with paragraph 5 .06.1)), 4. Costs of special consultants (including provided such losses and damages have resulted but not limited to engineers, architects, testing from causes other than the negligence of laboratories, surveyors, attorneys, and accountants) CONTRACTOR, any Subcontractor, or anyone employed for services specifically related to the directly or indirectly employed by any of them or for Work. whose acts any of them may be liable. Such losses shall include settlements made with the written 5 . Supplemental costs including the consent and approval of OWNER. No such losses, following: damages, and expenses shall be included in the Cost 00700 - 33 ' of the Work for the purpose of determining limited to, the correction of defective Work, disposal CONTRACTOR' s fee. of materials or equipment wrongly supplied, and making good any damage to property. g. The cost of utilities, fuel, and sanitary facilities at the Site. 5 . Other overhead or general expense costs of any kind and the costs of any item not specifically 1 h. Minor expenses such as telegrams, long and expressly included in paragraphs 11 .0 LA and distance telephone calls, telephone service at the 11 .01 .13 . Site, expressage, and similar petty cash items in connection with the Work. C. CONTRACTOR 's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR' s fee L When the Cost of the Work is used to shall be determined as set forth in the Agreement. When determine the value of a Change Order or of a the value of any Work covered by a Change Order or when ' Claim, the cost of premiums for additional Bonds a Claim for an adjustment in Contract Price is determined and insurance required because of the changes in the on the basis of Cost of the Work, CONTRACTOR's fee Work or caused by the event giving rise to the shall be determined as set forth in paragraph 12 .01 .C. Claim. D. Documentation : Whenever the Cost of the Work j . When all the Work is performed on the for any purpose is to be determined pursuant to paragraphs basis of cost-plus, the costs of premiums for all 11 . 01 .A and 11 .01 .B , CONTRACTOR will establish and Bonds and insurance CONTRACTOR is required by maintain records thereof in accordance with generally the Contract Documents to purchase and maintain. accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown ' B . Costs Excluded: The term Cost of the Work shall together with supporting data. not include any of the following items: 11 .02 Cash Allowances 1 . Payroll costs and other compensation of CONTRACTOR' s officers, executives, principals A. It is understood that CONTRACTOR has included (of partnerships and sole proprietorships), general in the Contract Price all allowances so named in the managers, engineers, architects, estimators, attor- Contract Documents and shall cause the Work so covered to ' neys, auditors, accountants, purchasing and con- be performed for such sums as may be acceptable to tracting agents, expediters, timekeepers, clerks, and OWNER and ENGINEER. CONTRACTOR agrees that: other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal I the allowances include the cost to CON- or branch office for general administration of the TRACTOR (less any applicable trade discounts) of Work and not specifically included in the agreed materials and equipment required by the allowances upon schedule of job classifications referred to in to be delivered at the Site, and all applicable taxes; paragraph 11 . O1 .A. 1 or specifically covered by and paragraph 11 .0l .A.4, all of which are to be considered administrative costs covered by the 2 . CONTRACTOR' s costs for unloading CONTRACTOR' s fee. and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated 2 . Expenses of CONTRACTOR's principal for the allowances have been included in the ' and branch offices other than CONTRACTOR' s Contract Price and not in the allowances, and no office at the Site. demand for additional payment on account of any of the foregoing will be valid. 3 . Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR' s B . Prior to final payment, an appropriate Change capital employed for the Work and charges against Order will be issued as recommended by ENGINEER to CONTRACTOR for delinquent payments. reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall 4 . Costs due to the negligence of CON- be correspondingly adjusted. TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose 11 . 03 Unit Price Work acts any of them may be liable, including but not 00700 - 34 • • 1 • • / ' 1 ' • 1 1 " • • " • • 1 • 1 \ 1 1 1 1 " 111 . \ I • . 1 1 • i • \ • " 1 1 • 1 1 • 1 L • 1 1 • IN 1111711 Pill! Ir � !LNIA MWITM M- 1 PA • • • • ' - M Ilp • . . 1 1 • Vol • 1 - • I • 1 1 ' •IN Job • . Y Val � . • � • r . _ � , YY • � • • 111 1110 , 111, 1101 0 111 Ii w Not 1 / \ • • 1 • • \ 1 - I - - - • • ' 1 1 1 a . YY • . or- . 40,111 .r • _ _ . YY • Y • - IV 11 11 • • • Al ' 1 I 1 1 " • 11 • • • ' • ' - 1 1 1 " NEWA, "AvUM .mbbr • • ' • - 1 ' • 1 • 1 I • • 1 • • • 1 " 1 1 " • 11 - • • I " • _ 1 t - • " 111 t " • 1 • • • • • ' • • ' • ' 1 1 • 1 • 1 " 1 t • I • " 10.60 HSNWRT� Wvwr • YY • r • . 1 • Al A i As 1 1 1 1 1 t _ • . e1 _ . 1. 1 _ _ OF. • . YY • . V • 1 " t11 • • • t " A A _ 11 • 1 • 1 1 I " 111 • • ON MAONI . 11 106SAWITIRWAral IMP Am PTO A ZLIML�Dkwj well ., ANAL 11 IN Al A ow Nook a" Al • • 1 1 " 1 1 1 1 • • 1 1 1 " • 1 1 1 • • • YY • • y • 1 • 1 _ 1 1 • 1 1 ' - • • - 1 1 1 1 - 111 . • • - • 1 • • 1 " • 1I - I • " • 1 . - • 1 • 1 " 1 1 1 1 • • • 11 11 • prior to CONTRACTOR' s purchase thereof for 13 . 02 Access to Work incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to A. OWNER, ENGINEER, ENGINEER' s Con- OWNER and ENGINEER. sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies E. If any Work (or the work of others) that is to be with jurisdictional interests will have access to the Site and inspected, tested, or approved is covered by CONTRAC- the Work at reasonable times for their observation, TOR without written concurrence of ENGINEER, it must, inspecting, and testing. CONTRACTOR shall provide if requested by ENGINEER, be uncovered for observation. them proper and safe conditions for such access and advise them of CONTRACTOR' s Site safety procedures and F. Uncovering Work as provided in paragraph programs so that they may comply therewith as applicable. 13 .03 .E shall be at CONTRACTOR' s expense unless CON- TRACTOR has given ENGINEER timely notice of ' 13 . 03 Tests and Inspections CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in A. CONTRACTOR shall give ENGINEER timely response to such notice. ' notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and A new Paragraph 13.03.G has been added. See the testing personnel to facilitate required inspections or tests. Supplementary Conditions. Paragraph 13.03.B has been deleted and replaced with a 13 . 04 Uncovering Work new paragraph. See the Supplementary Conditions. B Q)A1?hMR shat, o.... ley and pay f. the „F A. If any Work is covered contrary to the written ' request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER' s observation and eikeept: replaced at CONTRACTOR's expense. ' -1 , fer inspeetions, tests, ergs Parts of the last two sentences of paragraph 13.04.B eaveFed by paragraphs 13 .0.3 . G. iffind 1. 3 .03 .D ; have been deleted. B . If ENGINEER considers it necessary or advisable 2 . dh.m. eests i flea i ^ eeti^^ •• rites that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER's 13 .04 .B shaU be paid as pmN4ded in said par-agFap request, shall uncover, expose, or otherwise make available 3 . 0 for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, famishing all necessary labor, material, and equipment. If it is found that GentFaet Documents, such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, Paragraph 13.03.0 has been deleted in its entirety. attorneys, and other professionals and all court or arbitration G. if Laws er- Regulaiens of any publie body having or other dispute resolution costs) arising out of or relating to ,, ,,.:.a:,.«: ,.., _e e any Werk nor ,.a# «w feet) s ,.: a, .,n. , such uncovering, exposure, observation, inspection, and to we : eeted testea of approved by a e•r..leyee er. ,,.we. testing, and of satisfactory replacement or reconstruction «..«:. ,e „r .,..,.w ... .wi: w a. . �n�rrn n r-rnv �w n (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 . If, however, such Work is not found to be D . CONTRACTOR shall be responsible for defective, CONTRACTOR shall be allowed arranging and obtaining and shall pay all costs in connection *we r^-•' .aet Pdoeor- an extension of the Contract Times (or with any inspections, tests, or approvals required for Milestones), of beth-, directly attributable to such OWNER' s and ENGINEER' s acceptance of materials or uncovering, exposure, observation, inspection, testing, equipment to be incorporated in the Work; or acceptance of replacement, and reconstruction. If the parties are unable to ' materials, mix designs, or equipment submitted for approval ' 00700 - 37 iagree as to the-amet� extent thereof, CONTRACTOR promptly comply with the terms of such instructions, or in may make a Claim therefor as provided in paragraph 10.05 . an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work Paragraph 13.05.A has been deleted and replaced with a corrected or repaired or may have the rejected Work re- new paragraph. See the Supplementary Conditions. moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of ' 13 . 05 OWNER May Stop the Work engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) A. if the IEle 1. : .. Ae. .-fiVe, or- GQ�URAGTOR fails. 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 the eempleted Work wig e-enfefm —to the Genet paid by CONTRACTOR. the .x a fk or my ,.,,..t: e twe_ee f wn.fil 4M ,., se, for- sue.. B . In special circumstances where a particular item of orae.. has been vl4ainatea . 1, oweye. tt,:.. Fight e f OWNER equipment is placed in continuous service before to stop the Werk shall not give rise to any a.,.y o the—,....7t Substantial Completion of all the Work, the correction of OWNER to exer-eise this rigt for the benefit of period for that item may start to run from an earlier date if C9ACTOP6, any- ;;seaaeter, any Supplier-, so provided in the Specifications or by Written Amendment. ageHIE4F an y elft e... C. Where defective Work (and damage to other Work ' resulting therefrom) has been corrected or removed and 13 .06 Correction or Removal of Defective Work replaced under this paragraph 13 .07, the correction period hereunder with respect to such Work will be extended for A. CONTRACTOR shall correct all defective Work, an additional period of one year after such correction or whether or not fabricated, installed, or completed, or, if the removal and replacement has been satisfactorily completed. Work has been rejected by ENGINEER, remove it from the ' Project and replace it with Work that is not defective. D. CONTRACTOR' s obligations under this CONTRACTOR shall pay all Claims, costs, losses, and paragraph 13 .07 are in addition to any other obligation or damages (including but not limited to all fees and charges of warranty. The provisions of this paragraph 13 .07 shall not engineers, architects, attorneys, and other professionals and be construed as a substitute for or a waiver of the provisions all court or arbitration or other dispute resolution costs) of any applicable statute of limitation or repose. arising out of or relating to such correction or removal (including but not limited to all costs of repair or 13 .08 Acceptance of Defective Work replacement of work of others). ' A. If, instead of requiring correction or removal and 13 . 07 Correction Period replacement of defective Work, OWNER (and, prior to ENGINEER' s recommendation of final payment, A. If within one year after the date of Substantial ENGINEER) prefers to accept it, OWNER may do so. Completion or such longer period of time as may be CONTRACTOR shall pay all Claims, costs, losses, and prescribed by Laws or Regulations or by the terms of any damages (including but not limited to all fees and charges of applicable special guarantee required by the Contract engineers, architects, attorneys, and other professionals and Documents or by any specific provision of the Contract all court or arbitration or other dispute resolution costs) Documents, any Work is found to be defective, or if the attributable to OWNER's evaluation of and determination repair of any damages to the land or areas made available to accept such defective Work (such costs to be approved ' for CONTRACTOR's use by OWNER or permitted by by ENGINEER as to reasonableness) and the diminished Laws and Regulations as contemplated in paragraph 6. 1 LA value of the Work to the extent not otherwise paid by is found to be defective, CONTRACTOR shall promptly, CONTRACTOR pursuant to this sentence. If any such ' without cost to OWNER and in accordance with OWNER's acceptance occurs prior to ENGINEER' s recommendation written instructions: (i) repair such defective land or areas, of final payment, a Change Order will be issued or (ii) correct such defective Work or, if the defective Work incorporating the necessary revisions in the Contract has been rejected by OWNER, remove it from the Project Documents with respect to the Work, and OWNER shall be and replace it with Work that is not defective, and (iii) entitled to an appropriate decrease in the Contract Price, satisfactorily correct or repair or remove and replace any reflecting the diminished value of Work so accepted. If the damage to other Work, to the work of others or other land parties are unable to agree as to the amount thereof, ' or areas resulting therefrom. If CONTRACTOR does not OWNER may make a Claim therefor as provided in 00700 - 38 paragraph 10.05 . If the acceptance occurs after such by OWNER of OWNER's rights and remedies under this recommendation, an appropriate amount will be paid by paragraph 13 .09 . ' CONTRACTOR to OWNER. 13 .09 OWNER May Correct Defective Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ' 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 14.01 Schedule of Values ' by ENGINEER in accordance with paragraph 13 .06.A, or if CONTRACTOR fails to perform the Work in accordance A. The schedule of values established as provided in with the Contract Documents, or if CONTRACTOR fails to paragraph 2 .07.A will serve as the basis for progress comply with any other provision of the Contract payments and will be incorporated into a form of Applica- Documents, OWNER may, after seven days written notice tion for Payment acceptable to ENGINEER. Progress to CONTRACTOR, correct and remedy any such payments on account of Unit Price Work will be based on deficiency. the number of units completed. ' B . In exercising the rights and remedies under this 14 . 02 Progress Payments paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, A. Applications for Payments OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and 1 . At least 20 days before the date estab- suspend CONTRACTOR's services related thereto, take fished for each progress payment (but not more often possession of CONTRACTOR' s tools, appliances, con- than once a month), CONTRACTOR shall submit to struction equipment and machinery at the Site, and incorpo- ENGINEER for review an Application for Payment rate in the Work all materials and equipment stored at the filled out and signed by CONTRACTOR covering ' Site or for which OWNER has paid CONTRACTOR but the Work completed as of the date of the which are stored elsewhere. CONTRACTOR shall allow Application and accompanied by such supporting OWNER, OWNER' s representatives, agents and employ documentation as is required by the Contract Docu- ees, OWNER' s other contractors, and ENGINEER and ments. If payment is requested on the basis of ' ENGINEER's Consultants access to the Site to enable materials and equipment not incorporated in the OWNER to exercise the rights and remedies under this Work but delivered and suitably stored at the Site or paragraph. at another location agreed to in writing, the Applica- tion for Payment shall also be accompanied by a bill C. All Claims, costs, losses, and damages (including of sale, invoice, or other documentation warranting but not limited to all fees and charges of engineers, that OWNER has received the materials and equip- architects, attorneys, and other professionals and all court or ment free and clear of all Liens and evidence that the arbitration or other dispute resolution costs) incurred or materials and equipment are covered by appropriate sustained by OWNER in exercising the rights and remedies property insurance or other arrangements to protect under this paragraph 13 .09 will be charged against CON- OWNER's interest therein, all of which must be ' TRACTOR, and a Change Order will be issued incorpo- satisfactory to OWNER. rating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to 2 . Beginning with the second Application an appropriate decrease in the Contract Price. If the parties for Payment, each Application shall include an ' are unable to agree as to the amount of the adjustment, affidavit of CONTRACTOR stating that all previous OWNER may make a Claim therefor as provided in progress payments received on account of the Work paragraph 10.05 . Such claims, costs, losses and damages have been applied on account to discharge ' will include but not be limited to all costs of repair, or CONTRACTOR's legitimate obligations associated replacement of work of others destroyed or damaged by with prior Applications for Payment. correction, removal, or replacement of CONTRACTOR' s defective Work. 3 . The amount of retainage with respect to ' progress payments will be as stipulated in the D . CONTRACTOR shall not be allowed an extension Agreement. of the Contract Times (or Milestones) because of any delay ' in the performance of the Work attributable to the exercise 00700 - 39 B . Review of Applications 4. Neither ENGINEER' s review of 1 . ENGINEER will, within 10 days after CONTRACTOR' s Work for the purposes of recom- receipt of each Application for Payment, either mending payments nor ENGINEER's recommenda- indicate in writing a recommendation of payment tion of any payment, including final payment, will and present the Application to OWNER or return the impose responsibility on ENGINEER to supervise, Application to CONTRACTOR indicating in writing direct, or control the Work or for the means, meth- ENGINEER' s reasons for refusing to recommend ods, techniques, sequences, or procedures of payment. In the latter case, CONTRACTOR may construction, or the safety precautions and programs ' make the necessary corrections and resubmit the incident thereto, or for CONTRACTOR's failure to Application. comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. 2 . ENGINEER's recommendation of any Additionally, said review or recommendation will payment requested in an Application for Payment not impose responsibility on ENGINEER to make will constitute a representation by ENGINEER to any examination to ascertain how or for what OWNER, based on ENGINEER's observations on purposes CONTRACTOR has used the moneys paid ' the Site of the executed Work as an experienced and on account of the Contract Price, or to determine qualified design professional and on ENGINEER's that title to any of the Work, materials, or equipment review of the Application for Payment and the has passed to OWNER free and clear of any Liens. accompanying data and schedules, that to the best of ' ENGINEER's knowledge, information and belief. 5 . ENGINEER may refuse to recommend the whole or any part of any payment if, in a. the Work has progressed to the point ENGINEER' s opinion, it would be incorrect to indicated; make the representations to OWNER referred to in paragraph 14. 02 .B .2 . ENGINEER may also refuse b. the quality of the Work is generally in to recommend any such payment or, because of ' accordance with the Contract Documents (sub- subsequently discovered evidence or the results of ject to an evaluation of the Work as a function- subsequent inspections or tests, revise or revoke any ing whole prior to or upon Substantial Comple- such payment recommendation previously made, to tion, to the results of any subsequent tests called such extent as may be necessary in ENGINEER' s ' for in the Contract Documents, to a final deter- opinion to protect OWNER from loss because: mination of quantities and classifications for Unit Price Work under paragraph 9.08 , and to a. the Work is defective, or completed ' any other qualifications stated in the Work has been damaged, requiring correction or recommendation); and replacement; c . the conditions precedent to b. the Contract Price has been reduced by CONTRACTOR' s being entitled to such pay- Written Amendment or Change Orders; ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the c . OWNER has been required to correct Work. defective Work or complete Work in accordance with paragraph 13 .09 ; or 3 . By recommending any such payment ENGINEER will not thereby be deemed to have d. ENGINEER has actual knowledge of the ' represented that: (i) inspections made to check the occurrence of any of the events enumerated in quality or the quantity of the Work as it has been paragraph 15 .02.A. performed have been exhaustive, extended to every ' aspect of the Work in progress, . or involved detailed New paragraphs 14.02.B .5.e and f have been added. inspections of the Work beyond the responsibilities See the Supplementary Conditions. specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may not be other Paragraph 14.02.C.1 has been deleted and replaced with ' matters or issues between the parties that might a new paragraph. See the Supplementary Conditions. entitle CONTRACTOR to be paid additionally by (Note to preparers This change is not required for OWNER or entitle OWNER to withhold payment to private pr0jects.) CONTRACTOR. C. Payment Becomes Due 00700 - 40 14 . 03 CONTRACTOR 'S Warranty of Title . 4 , Ten days after- pr-esentafien ef the. Appheatienfor Parent temGAZINMIR vi4 A. CONTRACTOR warrants and guarantees that title ' to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the 14 .02 .D) beeeme due, and v*ea. due ;A41.1 h. 10 paid by Project or not, will pass to OWNER no later than the time ' QVR MR to G0M: A GT-0 of payment free and clear of all Liens . D. Reduction in Payment 14 . 04 Substantial Completion 1 . OWNER may refuse to make payment of A. When CONTRACTOR considers the entire Work the full amount recommended by ENGINEER ready for its intended use CONTRACTOR shall notify because : OWNER and ENGINEER in writing that the entire Work is ' substantially complete (except for items specifically listed a. claims have been made against OWNER by CONTRACTOR as incomplete) and request that on account of CONTRACTOR's performance or ENGINEER issue a certificate of Substantial Completion. ' furnishing of the Work; Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to Part of Paragraph 14.02.D.1 .2.b. has been deleted. determine the status of completion. If ENGINEER does not b . Liens have been filed in connection with consider the Work substantially complete, ENGINEER will the Work,— except • hefe GQ�R2RACTOR has notify CONTRACTOR in writing giving the reasons del, ve..va , e, i fie Rand satisf etef . to ntherefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER ' sueh Liens; a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be c. there are other items entitling OWNER to attached to the certificate a tentative list of items to be ' a set-off against the amount recommended; or completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate d. OWNER has actual knowledge of the during which to make written objection to ENGINEER as occurrence of any of the events enumerated in to any provisions of the certificate or attached list. If, after ' paragraphs 14.02 .B .5 .a through 14 .02 .B .5 .c or considering such objections, ENGINEER concludes that the paragraph 15 .02 .A. Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to ' New paragraphs 14.02.D.1 .e, f, and g have been added. OWNER notify CONTRACTOR in writing, stating the See the Supplementary Conditions. reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially 2. If OWNER refuses to make payment of complete, ENGINEER will within said 14 days execute and ' the full amount recommended by ENGINEER, deliver to OWNER and CONTRACTOR a definitive OWNER must give CONTRACTOR immediate certificate of Substantial Completion (with a revised written notice (with a copy to ENGINEER) stating tentative list of items to be completed or corrected) the reasons for such action and promptly pay CON- reflecting such changes from the tentative certificate as TRACTOR any amount remaining after deduction ENGINEER believes justified after consideration of any of the amount so withheld. OWNER shall promptly objections from OWNER. At the time of delivery of the pay CONTRACTOR the amount so withheld, or any tentative certificate of Substantial Completion ENGINEER ' adjustment thereto agreed to by OWNER and will deliver to OWNER and CONTRACTOR a written CONTRACTOR, when CONTRACTOR corrects to recommendation as to division of responsibilities pending OWNER' s satisfaction the reasons for such action. final payment between OWNER and CONTRACTOR with ' respect to security, operation, safety, and protection of the 3 . If it is subsequently determined that Work, maintenance, heat, utilities, insurance, and warranties OWNER' s refusal of payment was not justified, the and guarantees. Unless OWNER and CONTRACTOR ' amount wrongfully withheld shall be treated as an agree otherwise in writing and so inform ENGINEER in amount due as determined by paragraph 14.02 .C. 1 . 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. 00700 - 41 14 .06 Final Inspection B . OWNER shall have the right to exclude ' CONTRACTOR from the Site after the date of Substantial A. Upon written notice from CONTRACTOR that Completion, but OWNER shall allow CONTRACTOR the entire Work or an agreed portion thereof is complete, reasonable access to complete or correct items on the ENGINEER will promptly make a final inspection with tentative list. OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this 14.05 Partial Utilization inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as ' A. Use by OWNER at OWNER' s option of any are necessary to complete such Work or remedy such substantially completed part of the Work which has deficiencies. specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 14 .07 Final Payment constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose A. Application for Payment without significant interference with CONTRACTOR's ' performance of the remainder of the Work, may be 1 . After CONTRACTOR has, in the accomplished prior to Substantial Completion of all the opinion of ENGINEER, satisfactorily completed all Work subject to the following conditions. corrections identified during the final inspection and has delivered, in accordance with the Contract ' 1 . OWNER at any time may request CON- Documents, all maintenance and operating TRACTOR in writing to permit OWNER to use any instructions, schedules, guarantees, Bonds, such part of the Work which OWNER believes to be certificates or other evidence of insurance ready for its intended use and substantially complete. certificates of inspection, marked-up record docu- If CONTRACTOR agrees that such part of the ments (as provided in paragraph 6. 12), and other Work is substantially complete, CONTRACTOR documents, CONTRACTOR may make application will certify to OWNER and ENGINEER that such for final payment following the procedure for part of the Work is substantially complete and progress payments. request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 2 . The final Application for Payment shall CONTRACTOR at any time may notify OWNER be accompanied (except as previously delivered) by: and ENGINEER in writing that CONTRACTOR (i) all documentation called for in the Contract considers any such part of the Work ready for its Documents, including but not limited to the intended use and substantially complete and request evidence of insurance required by subparagraph ' ENGINEER to issue a certificate of Substantial 5 .04 .B .7; (ii) consent of the surety, if any, to final Completion for that part of the Work. Within a payment; and (iii) complete and legally effective reasonable time after either such request, OWNER, releases or waivers (satisfactory to OWNER) of all CONTRACTOR, and ENGINEER shall make an Lien rights arising out of or Liens filed in connection inspection of that part of the Work to determine its with the Work. status of completion. If ENGINEER does not ' consider that part of the Work to be substantially 3 . In lieu of the releases or waivers of Liens . complete, ENGINEER will notify OWNER and specified in paragraph 14.07 .A.2 and as approved by CONTRACTOR in writing giving the reasons there- OWNER, CONTRACTOR may famish receipts or for. If ENGINEER considers that part of the Work releases in full and an affidavit of CONTRACTOR to be substantially complete, the provisions of para- that: (i) the releases and receipts include all labor, graph 14.04 will apply with respect to certification services, material, and equipment for which a Lien of Substantial Completion of that part of the Work could be filed; and (ii) all payrolls, material and and the division of responsibility in respect thereof equipment bills, and other indebtedness connected and access thereto. with the Work for which OWNER or OWNER's property might in any way be responsible have been 2 . No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or part of the Work may occur prior to compliance with Supplier fails to finish such a release or receipt in the requirements of paragraph 5 . 10 regarding fiill, CONTRACTOR may furnish a Bond or other property insurance. collateral satisfactory to OWNER to indemnify ' OWNER against any Lien. r00700 - 42 Application for such payment. Such payment shall be made B . Review ofApplication and Acceptance under the terms and conditions governing final payment, ' except that it shall not constitute a waiver of Claims. 1 . If, on the basis of ENGINEER' s observa- tion of the Work during construction and final 14 . 09 Waiver of Claims inspection, and ENGINEER's review of the final Application for Payment and accompanying docu- Paragraph 14.09 has been deleted and replaced in its mentation as required by the Contract Documents, entirety with a new paragraph. See the Supplementary ENGINEER is satisfied that the Work has been Conditions. completed and CONTRACTOR's other obligations A. The making and aeoep«^,,,.e of fi..^ , ..^. ,., ,ent .. ' under the Contract Documents have been fulfilled, ewe: ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing 1 a WaWff ,.v ^ „ Glaiins by nix NE ENGINEER' s recommendation of payment and against G9�TTRACTQP ' ^ P Ym asRan �e�feept�':ams arising present the Application for Payment to OWNER for from unsetfled Liens, payment. At the same time ENGINEER will also give written notice to OWNER and CON- 14 . 06 frem c ilwe to eenTly YA4th the GentE^ ^+ TRACTOR that the Work is acceptable subject to Doeu encs the terms of any ial g ^„tees the provisions of paragraph 14 .09 . Otherwise, speei€ted thereth, or- €r-em -CON CTR-s ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons ffientsi and for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary = . of ^ ll r-, ^:.Y,., by CONTn n G corrections and resubmit the Application for TOR against QIARNEv *he.. th^„ these previously Payment. Paragraph 14.07.C.1 has been deleted and replaced with a new paragraph. See the Supplementary Conditions. ARTICLE 15 - SUSPENSION OF WORK AND (Note to preparers This change is not required for TERMINATION private projects.) C. Payment Becomes Due 15 .01 OWNER May Suspend Work OVVTMR ?f the Appheatien for- Payment The last sentence of Paragraph 15.01 .A has been deleted aeeempanymg—decunentation; Ann and replaced with new sentences. See the r-poemmendead by Ed-' WANEER will he^eme due and Supplementary Conditions. when due, Ml A. At any time and without cause, OWNER may TRACTOR= suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- 14 .08 Final Completion Delayed TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall A. If, through no fault of CONTRACTOR, final resume the Work on the date so fixed. COThRv n �O completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of extension of the CentEaet Times, er. W44 daeen'-y ' CONTRACTOR' s final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that ' portion of the Work fully completed and accepted. If the 15 .02 OWNER May Terminate for Cause remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage A. The occurrence of any one or more of the stipulated in the Agreement, and if Bonds have been following events will justify terinination for cause : ' furnished as required in paragraph 5 .01 , the written consent of the surety to the payment of the balance due for that 1 . CONTRACTOR' s persistent failure to portion of the Work fully completed and accepted shall be perform the Work in accordance with the Contract ' submitted by CONTRACTOR to ENGINEER with the Documents (including, but not limited to, failure to ! 00700 - 43 supply sufficient skilled workers or suitable materi- rights or remedies of OWNER against CONTRACTOR als or equipment or failure to adhere to the progress then existing or which may thereafter accrue. Any retention ' schedule established under paragraph 2 .07 as or payment of moneys due CONTRACTOR by OWNER adjusted from time to time pursuant to paragraph will not release CONTRACTOR from liability. 6.04); A new Paragraph 15.02 .D has been added. See the ' 2. CONTRACTOR's disregard of Laws or Supplementary Conditions. Regulations of any public body having jurisdiction; 15 .03 OWNER May Terminate For Convenience ' 3 . CONTRACTOR's disregard of the authority of ENGINEER; or A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause 4. CONTRACTOR' s violation in any and without prejudice to any other right or remedy of substantial way of any provisions of the Contract OWNER, elect to terminate the Contract. In such case, Documents. CONTRACTOR shall be paid (without duplication of any items) : New Paragraphs 15.02.A.5 and 15.02.A.6 have been added. See the Supplementary Conditions. 1 , for completed and acceptable Work executed in accordance with the Contract Docu- The third sentence of Paragraph 15.02.B has been ments prior to the effective date of termination, deleted and replaced with a new sentence. See the including fair and reasonable sums for overhead and Supplementary Conditions. profit on such Work; B . If one or more of the events identified in paragraph 15 .02 .A occur, OWNER may, after giving CONTRACTOR 2 , for expenses sustained prior to the (and the surety, if any) seven days written notice, terminate effective date of termination in performing services the services of CONTRACTOR, exclude CONTRACTOR and furnishing labor, materials, or equipment as re- from the Site, and take possession of the Work and of all quired by the Contract Documents in connection CONTRACTOR' s tools, appliances, construction equip- with uncompleted Work, plus fair and reasonable ment, and machinery at the Site, and use the same to the full sums for overhead and profit on such expenses; extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), Paragraph 15.03 .A3 has been deleted in its entirety, incorporate in the Work all materials and equipment stored 3 . c- all elakn^ eests losses and dmiages at the Site or for which OWNER has paid CONTRACTOR (inekiding but not lknited to all fees and ehar-ges e but which are stored elsewhere, and finish the Work as engmeen, arehiteets, attemeys, and e OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further lisp 4e - sehi :,,., eests) :,,,.uffea in ^etdemeat e f payment until the Work is finished. , theCen.. aet knee eiweeas all-clainsrsests,,llosses, a etheFs;—a � 4. for reasonable expenses directly all eeti# ^ afbit.. er- ether- dispute mselufiea ests) attributable to termination. B . CONTRACTOR shall not be paid on account of If such claims, costs, losses, and loss of anticipated profits or revenue or other economic loss ' damages exceed such unpaid balance, CONTRACTOR arising out of or resulting from such termination. shall pay the difference to OWNER Such claims, costs, losses, and damages incurred by OWNER will be reviewed 15 .04 CONTRACTOR May Stop Work or Terminate by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. Parts of Paragraph 15.04 have been deleted. When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days by lowest price for the Work performed. OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for C. Where CONTRACTOR' s services have been so Payment within 30 days after it is submitted, OWE ' terminated by OWNER, the termination will not affect any fails fer- 30 days to pay G0�4RAGTOR any sum finally 00700 - 44 ' detem3i.,ed to be due, theft CONTRACTOR may, upon the first and include the last day of such period. If the last seven days written notice to OWNER and ENGINEER, and day of any such period falls on a Saturday or Sunday or on a provided OWNER or ENGINEER do not remedy such day made a legal holiday by the law of the applicable suspension or failure within that time, terminate the jurisdiction, such day will be omitted from the computation. Contract and recover from OWNER payment on the same terms as provided in paragraph 15 .03 . In lieu of terminating 17 .03 Cumulative Remedies the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application A. The duties and obligations imposed by these for Payment within 30 days after it is submitted, eF General Conditions and the rights and remedies available QMZNEn has failed f r 30 days to pay (mi =re n rrnn any hereunder to the parties hereto are in addition to, and are not sum fully Bete....., ed to be due, CONTRACTOR may, to be construed in any way as a limitation of, any rights and seven days after written notice to OWNER and remedies available to any or all of them which are otherwise ENGINEER, stop the Work until payment is made of all imposed or available by Laws or Regulations, by special such amounts due CONTRACTOR, including interest warranty or guarantee, or by other provisions of the thereon. The provisions of this paragraph 15 .04 are not Contract Documents, and the provisions of this paragraph intended to preclude CONTRACTOR from making a Claim will be as effective as if repeated specifically in the Contract under paragraph 10.05 for an adjustment in Contract Price Documents in connection with each particular duty, or Contract Times or otherwise for expenses or damage obligation, right, and remedy to which they apply. directly attributable to CONTRACTOR' s stopping the Work as permitted by this paragraph. 17 .04 Survival of Obligations A. All representations, indemnifications, warranties, ARTICLE 16 - DISPUTE RESOLUTION 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 16.01 Methods and Procedures survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. Paragraph 16.01 .A has been deleted and replaced with a new paragraph. See the Supplementary Conditions. 17 . 05 Controlling Law A. Dispute Feseltifien methods and , if any, Paragraph 17.05.A has been deleted and replaced with a shall be as set fefth in the SupplementaFy Gen"ens. If ne new paragraph. See the Supplementary Conditions. preN4siens of paFagr-aphs 9 .09 and , heti. statein . . the Ure ee4 is leeated. CM]. 1 PD A (;TQD meiEer-eise .eh rights er remedies as New Paragraphs have been added. See the Supplementary by Laws r Regulations i.. r-espeet of any aisptAe Conditions. 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 delivered in person to the individual or to a member of the firm or to an officer of ' the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to 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 00700 - 45 SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' TABLE OF CONTENTS Article Title Article Number Introduction SC - 1 . 00 ' Terminology SC — 1 . 02 ' Before Starting Construction SC —2 . 05 Pre-Construction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Differing Subsurface or Physical Conditions SC - 4 . 03 Hazardous Environmental Conditions at Site SC - 4 . 06 Performance , Payment and Other Bonds SC — 5 . 01 Certificates of Insurance SC — 5 . 03 CONTRACTOR'S Liability Insurance SC — 5 . 04 OWNER'S Liability Insurance SC — 5 . 05 Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor; Working Hours SC — 6 . 02 Substitutions and "Or- Equals" SC — 6 . 05 Concerning Subcontractors , Suppliers , and Others SC — 6 . 06 ' Permits SC — 6 . 08 Shop Drawings and Samples SC — 6 . 17 Indemnification SC - 6 . 20 Replacement of Engineer SC — 8 . 02 Decisions on Requirements of Contract Documents and Acceptability of Work SC - 9 . 09 0378-00800 - Supplementary Conditions 00800-i F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05101 Change of • 1 Delay Damages SC — 12 , 06 Test • Inspections SC — 13 . 03 • - • • • 1 Progress 1 Uncovering • 1 ' Final Payment SC — 1 Waiver of 1 • OWNER May Suspend Work SC — 15 , 01 OWNER May TerminateFor - 1 OWNER May Terminate For Convenience 1 CONTRACTOR May Stop Work or Terminate SC � 15 , 04 DISPUTE RESOLUTION SC — 16 Controlling 1 Liens SC — 1 • Substantial • • - • 1 Hill 11111111111 Wage Rates for Federal Aid Projects SC — 17 , 15 0378-00800 - Supplement 11 ' 11 SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' NOTE : PRINT THE SUPPLEMENTARY CONDITIONS AND THEN CHECK THEM AGAINST THE GENERAL CONDITIONS AND MAKE SURE ALL APPLICABLE PARAGRAPHS IN THE GENERAL CONDITIONS HAVE BEEN MARKED TO INCORPORATE THE SUPPLEMENTARY CONDITIONS , WHERE PERTINENT . SC -1 . 00 Introduction ' These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910-8 , 1996 Edition ) and other provisions of the Contract ' Documents as indicated below. All provisions , which are not so amended or supplemented , remain in full force and effect. ' The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC -1 . 02 Terminology SC- 1 . 02 . D . 112 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place: D . Fumish, Install, Perform, Provide 1 . The word "furnish" shall mean to supply and deliver 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' shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . 3 . The words " perform" or " provide" shall mean to furnish and install services , 1 materials , or equipment complete and ready for intended use . SC- 1 . 02 . D . 4 Delete paragraph GC- 1 . 02. D. 4 in its entirety. ' SC -2 . 05 Before Starting Construction SC-2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . SC -2 . 06 Pre-Construction Conference ' SC-2 . 06 Delete paragraph GC-2. 06.A in its entirety and insert the following paragraph in its place: 0378-00800 - Supplementary Conditions 00800-1 R\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 a) CU 0 OL C o• M L UO a) O 4O W c O V U O� ca Baca a) C7 c 0) a) IT o pp .c cu ° co op z N ° QCc ' o d co (D o c6L � C No o No w oas .c U 4 a c C L E �U) U O cn C U cu ° O Q 0 0 O o a) + • O N w 0 od 0) as O U E -p m •> U c E U w e . C. U 0 0 L C 1. Q- c° E CD O 'o O, Z o L n I v Co(Q a3 V C p p a) (� ca co N O a3 N oo r o c o z `o oom ' 4 '� o c c o' CU LM LM (j) -o U c� cu w °- Z v ' ' O j E O a 4 = L cB L Q c o wo O E U n � o � a � � co CL o c ;No 00 Oo 0aai � L C a a) > (a p c O O CL. CO O C O C N a) >, ca 4 U O a) N � ��' '� a) a) ��' V 1 . C- a) o� N a) ' O_ a N c >� u N N 0 ` C 0 ° L O C ca a ` IM O E" "_' c �+ "� C O 0 S N _ U M N O p R m C C C N N = a U q O 0) ff�O a _D N c0 0 0 C N a) a) L N v N v C Q N O L c 3 C) oo ; a O cn O � t N C O O V a) cft ca O N W ap . E , V N +_' c c �.. � Cl N a) y C Y V '� O N += to O cn p fn O. O a) rn m ° d cn o) c mo 3 c V `�CL ftz a) N z EE c (7 N N ns »-� ca U o 0 c c v ca " ca 00) -a t «+ .— CLU C N 4� t_ c c6 Q) `t7 M. d C O b (Q a) M C C p >+ � r-. Q m a) N 0 O N 2 O . " O , d +�+ 1 ' d t 3 L ++ () 0 Q () Q N D O E >1 Q C m � , L C U U L r caa) Mcn E -a c° ns c c � CmcL t o ° oa) ° r=' , O d U U >% U a) v ° o a � o ca a) o c o v) -o p. a , W t� .o °° CD C= � � "- 3 m a) cu 'a 3 om � -oioc . cca v o. Q a C7 v CD a) -*-' cn ° N c L- a � E � (D »� c ° r c .C _ ca .c N C -o 'o C C c a cVA N C 4= L(D U CL O C a cc c L. N - co 11. N0 1. OL O N m a) WN � � N � ,c' ° -o MOa) ncc E v Q a) � 'vc°) 1 N "- � � � C � CD O 4- 'o Cl. 7 a) C.. s_ a) O !� a) C U N cc U C W aS co R m in co (D� -a c 3 U ° � Qcncnc� Qo � `C 3 >_ ca ° .r z O cCa 72 0 :a O ai N 3 C'. � . N N C ; N G? 3 w p Q- m L � � L o � o ,o `� o a a� � � c m ,Oa 2) o oza) L ° om > a� ° 10 C Q) O a a) _ � w = O N O V cfl � � Nc'M �' LOcor` 00 > V) � � U U) OQ CL M D M = O 1 0 = Q a Q t0 CO (n Q m N N V M cM CO c0 T Cl O O O O O O O O O O 0 d OU V U V U V U U V U W N U) U) (f) N U) N CO U) N U) LL ' place: A. Within ten ( 10) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 125 % of the Contract Price and a Payment Bond in an amount equal to 100% of the Contract Price , 1 . The CONTRACTOR shall provide two separate bonds . A combined Payment and Performance Bond for 125 % of the Contract Price is not an acceptable substitute . 2 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER. 3 . The CONTRACTOR shall record , the Payment Bond and the Performance Bond with the Public Record Section of the Indian River ' County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are ' recorded . The CONTRACTOR shall pay all costs . SC-5 . 01 . 13 . Delete paragraph GC-5. 01 . 8 in its entirety and insert the following paragraph in its place: 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 rsureties as are named in the current 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. The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . SC -5 . 03 Certificates of Insurance ' SC-5 . 03 Delete the second sentence of paragraph GC-5. 03 in its entirety. SC -5. 04 CONTRACTOR' s Liability Insurance SC-5 . 04 Add the following new paragraphs immediately after paragraph GC-5. 04. 8: 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 : To meet statutory limits in compliance with the Worker's Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident, $ 500 , 000 disease ( policy limit) and $ 100 , 000 disease (each employee) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee (s ) of the CONTRACTOR. 0378-00800 - Supplementary Conditions 00800-3 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT OOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 2 . Commercial General Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: ' a . Premises/Operations b . Products/Completed Operations C, Contractual Liability ' d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 , Business Auto Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: ' a . Owner Autos b . Hired Autos c. Non-Owned Autos . ' 4 . CONTRACTOR's "All Risk" Insurance : CONTRACTOR shall secure Builders ' Risk "All Risk" insurance at his expense and provide properly completed and executed " Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5 . Special Requirements : a . Ten ( 10 ) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract ' Documents will be provided to the OWNER's Risk Manager for review and approval . b . " Indian River County, a political subdivision of the state of Florida" will be named as "Additional Insured " on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance . C, The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER's Risk Manager. d . An appropriate " Indemnification " clause shall be made a provision ' of the Contract (see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating . ' D . Additional Insureds : 1 . In addition to " Indian River County , a political subdivision of the state of ' Florida ," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies : a . t c. 0378-00800 - Supplementary Conditions 00800-4 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05101 j SC -5 . 05 OWNER' s Liability Insurance SC-5 . 05 Delete paragraph GC-5. 05. A in its entirety. ' SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06.A, B. and C in their entirety and insert the following ' paragraphs in their 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" or 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 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 , 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 1 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 , 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 additional insured to whom a certificate of insurance has been issued . 1 B . CONTRACTOR shall be responsible for any deductible or self-insured retention . ' C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions . ' SC-5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : 1 . In addition to " Indian River County, a political subdivision of the state of Florida , " the following individuals or entities shall be listed as "additional insureds" on the 0378-00800 - Supplementary Conditions 00800-5 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 CONTRACTOR's property insurance policies : a . b . 1 c SC-5 . 07 Waiver of Rights ' SC-5 . 07 Delete GC-5. 07 (paragraphs A, 8, and C) in its entirety. SC -5. 08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and 8) in its entirety. ' SC -6 . 02 Labor; Working Hours SC-6 . 02 . 6 . Add the following paragraphs immediately after paragraph GC- 6. 02. 6: 1 . Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year's Day, Good Friday, Memorial Day, ' Independence Day, Labor Day, Veterans Day, Thanksgiving Day , Friday after Thanksgiving , Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Engineer. ' 3 . The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week , even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the ' CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5 . All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 7 p . m , except in case of emergency upon specific permission of the ENGINEER . SC -6 . 05 Substitutes and " Or-Equals" SC-6 . 05 .A Delete paragraph GC-6. 05.A in its entirety and insert the following in its place: A. Whenever an item of material or equipment is specified or described in the Con- ' tract Documents by using the name of a proprietary item or the name of a particular Supplier, that proprietary item or particular Supplier shall be used and no other will be considered . If the specification or description contains or is followed ' by words such as "equivalent" or Is then the specification or description. is intended to establish the type , function , appearance , and quality required . In such case , substitution of other items of material or equipment or material or equipment ' of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. 0378-00800 - Supplementary Conditions 00800-6 F:\Engineering\Capital Projects\0378-26th Street Bridge10378-26th Street Bridge CONTRACT DO00378-00800 - Supplementary Conditions.doc Rev. 05/01 SC-6 . 05 .A. 1 . a . (ii ) Delete sentence GC-6, 05,A . 1 . a. (ii) in its entirety and insert the following in its place. (ii ) it will reliably perform at least equally well the function of the named item of ' material or equipment, and ; ' SC -6 . 06 Concerning Subcontractors , Suppliers , and Others SC-6 . 06 . C . Add the following sentence at the end of paragraph GC-6. 06. C. ' OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual 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 .08 Permits SC-6 . 08 Add the following paragraphs immediately after paragraph GC-6. 08.A: B . The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A" ) . 1 . St. John 's River Water Management District Permit No . 40-061 -82484- 1 2 , Indian River Farms Water Control District Permit No . 02-24 C . The CONTRACTOR shall obtain and pay for all other required permits and ' licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. D . The CONTRACTOR shall be familiar with all permit requirements and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC -6 . 17 Shop Drawings and Samples SC-6 . 17 Add the following paragraph immediately after paragraph GC-6. 17. F. G . Section 01340 — " Submittal of Shop Drawings , Product Data , and Samples" shall supplement Section 6 . 17 of the General Conditions . In the event of a conflict, Section 01340 shall govern . ' SC -6 .20 Indemnification SC-6 . 20 Delete paragraph GC-6. 20.A in its entirety and insert the following in its place: iA. CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , employees , elected officers and representatives , from liabilities , ' damages , losses , and costs , including but not limited to , reasonable attorney's fees , to the extent caused by the negligence , recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement . 0378-00800 - Supplementary Conditions 00800-7 FAEngineering\Capital Projects\0378-26th Street Brldge\0378-26th Street Bridge CONTRACT DOC\037840800 - Supplementary Conditlons.doc Rev. 05/01 SC -8 . 02 Replacement of Engineer SC-8 . 02 Delete the following text from paragraph GC-8. 02.A : , SC-9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work ' SC-9 . 09 Delete paragraph GC-9. 09. 8 in its entirety. SC -12 . 01 Change of Contract Price ' SC- 12 . 01 . 6 . 2 Delete the following text from paragraph GC- 12. 01 . 8. 2 and add a "period" () at the end of the remaining text. : with paragraph 12 . 04 . G . 2 ) * er_ ' SC- 12 . 01 Delete paragraphs GC- 12. 01 . 8. 3 and GC- 12. 01 . 0 in their entirety. SC -12 . 06 Delay Damages SC- 12 . 06 Delete paragraphs GC- 12. 06.A and GC- 12. 06. 8 in their entirety and insert the following paragraph in their place: A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization , or to any surety ' for or employee or agent of any of them , for damages arising out of or resulting from any delay whatsoever. The CONTRACTOR's sole and exclusive remedy for delays to the project are time extensions . SC -13 . 03 Test and Inspections SC- 13 . 03 . B . Delete paragraph GC43. 03. 8 in its entirety, and insert the following in its place: B . OWNER shall employ and pay for the services of an independent testing ' laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below. Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall . be paid for by the ' CONTRACTOR by backcharge to subsequent applications for payment. The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 1 , inspections , tests , or approvals covered by paragraph 13 . 03 . D below; 2 , costs incurred in connection with tests or inspections conducted pursuant ' to paragraph 13 . 04 . 8 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 , tests otherwise specifically provided in the Contract Documents . ' SC- 13 . 03 . 0 Delete GC- 13. 03. 0 in its entirety. 0378-00800 - Supplementary conditions 00800-8 FAEngineering\Capital Projects\0378.26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 ' SC- 13 . 03 . Add the following paragraph immediately after paragraph GC43. 03. F: G . The OWNER shall use the following testing laboratory: ' KSM Engineering & Testing. Inc . (772) 589 -2362 . ' SC -13 . 04 Uncovering Work SC- 13 . 04 . 13 Delete portions of the last two sentences as follows: ' If, however, such Work is not found to be defective , CONTRACTOR shall be allowed an extension of the Contract Times (or Milestones ) , directly attributable to such uncovering , exposure , observation , inspection , testing , replacement, and reconstruction . If the parties ' are unable to agree as to the extent thereof, CONTRACTOR may make a Claim therefore as provided in paragraph 10 . 05 . ' SC -13 . 05 OWNER May Stop the Work SC- 13 . 05 .A. Delete paragraph GC- 13. 05.A in its entirety and insert the following paragraph in its ' place: A. If the Work is defective , or CONTRACTOR fails to supply sufficient skilled ' workers or suitable materials or equipment, or fails to comply with permit requirements , or fails to comply with the technical specifications , 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 . ' SC -14. 02 Progress Payments SC- 14 . 02 . 13 . 5 . Add the following paragraphs at the end of paragraph GC44. 02. B. 5. ' e . OWNER has been required to pay ENGINEER or ENGINEER's Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f. OWNER has been required to pay an independent testing laboratory for ' subsequent inspections , tests , or approvals taken after initial failing inspections , tests , or approvals . SC- 14 . 02 . C . 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following ' paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Florida Prompt Payment Act ' ( F . S . Chapter 218 . 70 , et. seq . ) . ' SC- 14 . 02 . D . 1 . b Revise GC- 14. 02. D. 1 . b to read as follows: 0378-00800 - Supplementary conditions 00800-9 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 b . Liens have been filed in connection with the Work . SC- 14 . 02 . D . 1 Add the following paragraphs at the end of paragraph GC- 14. 02. D. led. ' e . CONTRACTOR fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and the ' Subcontractors ; f. the Work for which payment is requested cannot be verified ; g1 of persistent failure to carry out the Work in accordance with the Contract Documents , or otherwise unsatisfactory prosecution of the Work; or ' he of any other breach of, default under or violation of, or failure to comply with , the provisions of the Contract Documents . ' SC -14. 07 Final Payment SC- 14 . 07 . C . 1 . Delete paragraph GC- 14. 07. C. 1 in its entirety and insert the following ' paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Florida Prompt Payment Act" ( F . S . Chapter 218 . 70 , et. seq . ) . SC -14. 09 Waiver of Claims SC- 14 . 09 Delete paragraph GC- 14. 09.A in its entirety and insert the following paragraph in ' its place: A . Acceptance of Final Payment as Release . The acceptance by the ' CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all ' things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment , however, final or otherwise , shall not release the CONTRACTOR or his ' sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . ' SC -15 . 01 OWNER May Suspend Work SC- 15 . 01 .A Delete the last sentence in paragraph GC- 15. 01 .A and insert the following in its place: ' CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in ' paragraph 10 . 05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and 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 Work suspension . ' SC -15. 02 OWNER May Terminate For Cause ' SC- 15 . 02 .A. 5 and SC- 15 . 02 .A. 6 Add the following new paragraphs immediately after paragraph GC- 15. 02.A . 4: ' 0378-00800 - Supplementary Conditions 00800- 10 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 ' 5 . CONTRACTOR'S violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . 6 . CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC- 15 . 02 . 6 Delete the third sentence in paragraph GC- 15. 02. 8 and insert the following in its place: ' 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 dispute resolution or litigation costs ) sustained by OWNER arising ' out of or relating to completing the Work , CONTRACTOR will be paid for acceptable earned Work that is fully completed or partially completed , and executed in accordance with the Contract Documents , prior to the effective date of termination . SC- 15 . 02 . D Add the following new paragraph immediately after paragraph GC- 15. 02. C: D . 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 . SC-15. 03 OWNER May Terminate For Convenience SC- 15 . 03 . A. 3 Delete paragraph GC- 15. 03.A . 3 in its entirety. SC -15 .04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04.A : eF OWNER fails f9F 30 days te pay GONTRAGTOR aRy sum finally deteffniRed te be due-, SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04.A : due-, SC -16 DISPUTE RESOLUTION SC- 16 . 01 .A. Delete paragraph GC46. 01 .A in its entirety and insert the following paragraph in its place: ' A. Dispute resolution and procedures : OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Docu- ' ments or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County. If mediation is unsuccessful , OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute . SC -17 . 05 Controlling Law SCA 7 . 05 .A. Delete paragraph GC- 17. 05.A in its entirety and insert the following paragraph in its 0378-00800 - Supplementary Conditions 00800-11 FAEngineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 place: A. This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . Add the following new paragraphs immediately after paragraph GC17. 05: SC -17 . 06 Liens A. This project is a " Public Works" under Chapter 255 , Florida Statutes . No merchant's liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to ( CONTRACTOR' S Name ) and to (CONTRACTOR Surety Company Name ) , pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub- subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . SC - 17 . 08 Equal Employment Opportunity A. The CONTRACTOR shall comply with Executive Order 11246 of September 24 , ' 1965 , entitled " Equal Employment Opportunity , " as amended by Executive Order 11375 of October 13 , 1967 , and as supplemented in Department of Labor regulations (41 CFR Chapter 60) . ' SCAM4 Compliance With Health and Safety Regulations ' A. The CONTRACTOR shall comply with all federal , state , and local rules and regulations . This requirement includes compliance with all federal , state , and local health and safety rules and regulations . SCAM5 Wage Rates for Federal -Aid Projects ( REV 8 -27-99) ( FA 11 -16-99) (7 -02) A. For this Contract, payment of predetermined minimum wages applies . The U . S . Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate 0378-00800 - Supplementary Conditions 00800-12 FAEngineenng\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 Decision Number FL36 , as modified up through ten days prior to the opening of bids . Obtain the applicable Wage Rate Decisions through the Department's web site and ensure that employees receive the minimum wages applicable . Review the Wage Rate Decisions for completeness . Request additional classifications through the Engineer's office when needed . The URL for obtaining the Wage Rage is http :/www11 . myflorida . com/ construction/ wage . htm . If the Department's web site cannot be accessed , contact the Department's Wage Rate Coordinator at (850)414- 42518 ' + + END OF SUPPLEMENTARY CONDITIONS+ + 0378-00800 - Supplementary conditions 00800-13 F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-00800 - Supplementary Conditions.doc Rev. 05/01 :D .o z Coco O w c � cn Q o a � Qo �i a LJD O "C-' Z) N o LLIOO uj .0 � O Q . `= U a� �' w � LL W M o ECo LQ � � Q � M � O � p wZ ' Ei ca C: + z Q Z N Er o �4 V b W J vZv � a � m �, = o � � W za, � 4-0 m Zvi o m v CC: � c: z Iw V � o � dp OW N a � CD OMen fr.� �' � O Z W °� >, vo Q o o 0 � � � Z � 0 � w E � VZa O 3p Ono c i doo 6'IQj�II * W m � � CO Q � +_ � tai v m � W 0Z W � � a � oca O O o V Q LL Ix W ' Z W o a) z -S p N ^ Q W W Zaw 0 � � � w N Q � � QZp m 00 v ~ � � + o o Oy Z Q L �>% � -CDCD ac Qcu E N � NQ � QQ o) € cLL 00tO N cam cv z L � Cm m � p (U p v rr rr rr s r rr rr sr rs �r rr ar sr r� rr rr rr rr r 1 r SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . Be Furnish sufficient labor, construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions . 1 . Failure to comply with the requirements of the ENGINEER under this provision shall be grounds for determination by the ENGINEER that the CONTRACTOR is not prosecuting the work with such diligence as will insure completion within the time specified . Upon such determination , the ENGINEER may recommend to the OWNER to seek such legal remedy as is deemed necessary to protect the OWNER' s interest . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : Indian River County Road and Bridge Facility at 4550 41St Street , Vero Beach , Florida , at the CONTRACTOR' s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of bythe CONTRACTOR , at the CONTRACTOR's expense . D . Requirements of Permits or Grants : In addition to these Specifications , all work shall comply with the requirements of local permitting agencies , St. Johns River Water Management District , Florida Department of Environmental Protection , Florida Department of Transportation , and all other state or federal agencies ' permit or grant requirements . If there is a conflict between the Specifications and any permit r or grant requirement, then the most stringent specification or requirement shall govern . In any event , the ENGINEER shall determine which specification or requirement governs , and the ENGINEER' s decision shall be final . Last revised 12/10/02 01009- 1 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01009 - Special ' Provisions.doc r E . Other Specifications and Requirements : In some instances , the Specifications contained herein may refer to other requirements or specifications (such as FDOT's Standard Specifications for Road and Bridge Construction ) . If there is a conflict between the Specifications and any referenced specification or requirement , then the most stringent specification or requirement shall govern . In any event , the ENGINEER shall determine which specification or requirement governs , and the ENGINEER' s decision shall be final . ' F . Notify all permitting agencies of intention to begin construction . Give proper notification within the time frame required by the agency. G . Give the ENGINEER ten ( 10 ) days minimum notice before beginning work on the Project . H . Give the ENGINEER a minimum of 48 hours notice before performing any test . I . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate ownerten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the work site . J . Do not work overtime unless authorized to do so by OWNER . If overtime is required , provide 48 hours minimum notice to the ENGINEER . K . Do not perform any work on holidays or weekends that requires inspection by the ENGINEER or OWNER , without first obtaining the OWNER' s written permission . L . Anything mentioned in the Specifications and not shown in the Drawings , or shown in the Drawings and not mentioned in the Specifications , shall be of like effect as if shown or mentioned in both . M . The items of work on this project are to proceed in the sequence listed in Section 1 01014 , " Maintenance of Operations " and shall be operable within the time frame stated from the date of the Notice to Proceed . Do not start any work that involves modification to existing facilities , until written approval and authorization has been ' received from the OWNER or his designated representative . Afterwritten approval and authorization has been received , give the OWNER a minimum of 48 hours advance notice before starting any work that involves modifications to existing ' facilities . + + END OF SECTION + + Last revised 7/6/01 01009-2 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01009 - Special Provisions .doc SECTION 01010 ' SUMMARY OF WORK ' 1 . 1 GENERAL ' A. The summary of the Work described in this Section is an overall summary of the responsibilities of the CONTRACTOR and his relation to the OWNER . ' 1 . 2 LOCATION OF WORK A . The proposed work is located at 26TH STREET FROM 74TH AVENUE TO APPROXIMATELY 800 FEET EAST OF 74 AVENUE . 1 . 3 WORK TO BE DONE A. To determine the full scope of the project or any particular part of the project , coordinate the applicable information in the various parts of these Contract Documents . Be Furnish all the labor, materials , equipment , tools , plant , supervision , transportation , safety control , traffic control , services , incidentals , etc , to complete all of the work in a first-class workmanlike manner as required by the Contract Documents to the full and complete satisfaction of the Owner. All work shall be performed by craftsmen skilled in their trade . C . Work shall include all repairs , replacements and restoration required as a result of damages caused during the construction process . D . Furnish and install all materials , equipment and labor which are reasonably and properly inferable and necessary for the proper completion of the work , even though said materials , equipment and labor may not be specifically indicated in the Contract Documents . ' 1 .4 CONTRACTS A. The Work shall be constructed under one prime contract . 1 . 5 PARTIAL UTILIZATION BY OWNER A . Conduct the Work to maintain existing facilities in operation at all times . Last Revised 9/6/01 01010- 1 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01010 - Summary of Work.doc ' 1 . 6 CONTRACTOR' s USE OF PREMISES tA . Secure a location for on -site storage of all material and equipment necessaryfor completion of this project. Submit the proposed location and storage layout to the OWNER/ENGINEER at the pre-construction conference for approval . ' Be Assume full responsibility for protection and safekeeping of products stored on ' or off premises . C . Move stored products that Interfere with the operations of the OWNER . ' D . Obtain and pay for all additional storage or work areas required . E . Provide and pay for labor, materials and equipment ; tools , construction equipment and machinery ; water, heat and utilities required for construction ; and other facilities and services necessary for proper execution and completion of the work . F . Secure and pay for Government Fees and Licenses . rG . Give required notice to Agencies and to the public . Take particular care to adequately inform the public of scheduled temporary disruption of water, ' drainage , and/or sewer services . H . Comply with codes , ordinances , rules , regulations , orders and other legal requirements of public authorities which bear on performance of the Work . I . Maintain traffic on all roads and streets , in compliance with the Contract Documents . + + END OF SECTION + + Last Revised 9/6/01 01010-2 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01010 - Summary of Work.doc SECTION 01014 ' MAINTENANCE OF OPERATIONS ' 1 . 1 GENERAL ' A . Schedule and perform the Work in a manner such that the OWNER can keep existing facilities in continuous dependable operation . ' B . Perform all construction necessary to complete connections and tie- ins/shutdowns to existing facilities . C . Keep existing facilities in operation unless otherwise specifically permitted in these specifications or approved in writing by the OWNER . 1 . 2 GENERAL CONSTRAINTS A . Furnish any temporary work, facilities , roads , walks , protection of existing structures , piping , blind flanges , valves , equipment , etc , that may be required to maintain continuous and dependable operation of existing systems , at no extra cost to the OWNER . B . Schedule the Work in such a manner so that all existing systems are maintained in continuous operation . All short-term system or partial system shutdowns shall be approved in writing by the OWNER . If, in the opinion of the ENGINEER , a shutdown is , not required in order to perform the Work , utilize alternative methods to accomplish the Work . Schedule and coordinate all shutdowns at times suitable to the OWNER . Provide the OWNER with a minimum of 7 days notice of the need for any system shutdown . C . Required shutdowns shall not begin until all materials are on -hand , pre-assembled (as possible ) , and ready for Installation . At a time approved by the OWNER , the shutdown period will commence and the CONTRACTOR shall proceed with the ' work continuously, start to finish , until the work is completed and the system is tested , cleared for service , and ready for operation . If the CONTRACTOR ' completes all required work before the specified shutdown period has ended , the OWNER may immediately place the system back in service . D . The OWNER shall have the authority to order work stopped or prohibited which would , in its opinion , unreasonably result in stopping the necessary functions of the operations . r Last revised : 7/6/01 01014- 1 PROJECT ' F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01014 - Maintenance of Operations.doc E . The OWNER reserves the right to cancel scheduled shutdowns if conditions warrant. Delays to the CONTRACTOR caused by cancellations will be considered in evaluating requests for time extension . ' F . All operations of existing valves shall be done by the Utility Company that owns the valves . There is no guarantee that valves will be 100 percent watertight . ' G . All facilities shall be tested and in operating condition before final tie- ins are made . 1 . 3 SUBMITTALS ' A . Submit a detailed schedule of proposed connections , testing , etc . 1 . 4 WORK SEQUENCE A . The sequence of construction is the CONTRACTOR' S responsibility . + + END OF SECTION + + r i Last revised 7/6/01 01014-2 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01014 - Maintenance of Operations.doc SECTION 01025 MEASUREMENT AND PAYMENT 1 . 1 DESCRIPTION A . The items listed below , beginning with Paragraph 1 . 4 , refer to and are the same pay ' items listed in the Bid Form . They constitute all of the pay items for the completion of the Work. Furnish and install any items shown or omitted that are required for a complete installation , at no additional cost to the OWNER . No direct or separate t payments will be made for providing miscellaneous temporary or accessory works , plant , services , CONTRACTOR' s or ENGINEER' s field offices , repair or replacement of existing utilities , layout surveys , job signs , sanitary requirements , testing , safety devices , replacement of unpaved roads , clean - up , protection of the Work and property, field verification or location of buried utilities , record drawings , water supplies , power, maintaining traffic , removal of waste , watchmen , bonds , insurance , and all other requirements of the General Conditions , Supplementary Conditions , General Requirements , and the Specifications . Compensation for all such services , things , and materials shall be included in the prices stipulated forthe lump sum or unit price pay items , as applicable , listed herein . B . Each lump sum and unit bid 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 . 1 C . Note that many of the descriptions for payment of the bid items listed below may include the words " including but not limited to , " followed by a list of specific items that are included in the bid item . The use of " included but not limited to , " or similar words , means that other items may be included in the bid item , but they have not been listed by the ENGINEER . If a list is provided , it is intended only as an aid to the CONTRACTOR and it shall not limit the actual items that are included in the bid item . 1 . 2 ENGINEER ' S ESTIMATE OF QUANTITIES A . ENGINEER ' s estimated quantities for unit bid prices , as listed in the Bid Form , are 1 approximate only and are included solely for the purpose of comparing Bids . OWNER does not expressly or by implication agree that the nature of the materials encountered or the actual quantities of material encountered or required will correspond therewith . OWNER reserves the right to increase or decrease any quantity or to eliminate any quantity as OWNER may deem necessary . Last revised 7/9/01 01025- 1 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc CONTRACTOR will not be entitled to any adjustment in a unit bid price as a result ' of any change in an estimated quantity and agrees to accept the aforesaid unit bid prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result of more accurate measurement , or by any changes or alterations in the Work ordered by OWNER , and for use in the computation of the value of the Work performed for progress payments . ' 1 . 3 RELATED PROVISIONS A . Payments to CONTRACTOR : Refer to General Conditions and Agreement. B . Changes in Contract Price : Refer to General Conditions . IIA BID ITEMS Item 1 . 01 — Mobilization : The lump sum payment will be full compensation for mobilization of construction operations , including but not limited to , performance of construction preparatory operations , including all labor and materials necessary to transport equipment and personnel to the project site , temporary construction utilities , CONTRACTOR' s field offices , and removing all of the CONTRACTOR' s equipment , etc . from the project site when the Work is complete . The total lump sum to be paid for this item shall not exceed five (5) percent of the total bid . Fifty (50 ) percent of the bid item amount may be paid in the first application for payment and the remaining fifty ( 50 ) percent of the bid item amount shall be paid in the last application for payment as demobilization . No additional payment will be made for demobilization or remobilization due to shutdowns , suspensions of work or for other mobilization activities . Payment shall me made under: Item 1 . 01 — Mobilization — Lump Sum Item 1 . 02 -1 - Maintenance of Traffic The lump sum payment will be full compensation for implementation of the Traffic Control Plan , including but not limited to , furnishing all labor, materials , equipment and incidentals ' required to maintain traffic , including necessary detour facilities and traffic control signals during construction , and conformance to requirements of the Contract Documents , the " Manual of Uniform Traffic Control Devices " ( M . U . T . C . D . ) Part IV , and Florida Department ' of Transportation Roadway and Traffic Design Standards Index No . 600 series . Payment will be based on percent of earned contract (i . e . , 10 percent of lump sum amount will be paid at 10 percent of earned contract amount) . Last revised 7/9/01 01025-2 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and ' Payment.doc Signing and pavement markings for this project will be performed by Indian River County Traffic Engineering Division . Contractor must coordinate work with Indian River County Traffic Engineering Division to have signing and pavement markings installed when needed . Failure to coordinate with IRC Traffic Engineering Division will result in CONTRACTOR assuming full responsibility of any traffic related accidents occurring due to lack of proper signing and pavement markings . CONTRACTOR shall provide signing and striping as required for Maintenance of Traffic. Payment shall me made under: Item 1 . 02- 1 — Maintenance of Traffic — Lump Sum ' Item 10440 =1 — Hay or Straw, baled Item 104=11 — Turbidity Barrier, Floating Item 104=13 =1 — Silt Fence Staked (Type III ) The Contractor shall install erosion and water pollution control methods in accordance with FDOT Index 100 , 102 , 103 and 104 , Standard Specifications Section 104 , and all permit requirements . The Contractor is responsible for meeting appropriate federal , state , and local regulations and water quality standards , such as turbidity. All disturbed areas will be ' replanted with approved vegetation cover (either final or temporary) within 30 days of final grading . ' A . Pre-construction Conference : At the pre-construction conference the Contractor shall present , in written form , his plans and schedules for prevention , control , and abatement of erosion and water pollution . ' B . Ditches , Streams and Canals : Staked and floating turbidity barriers shall be installed in all permanent watercourse in a manner so as not to act as a damn . Barriers shall be located at distance of no greater than 25 feet downstream from the last point of construction . Silt Fences : Silt fences shall be installed to prevent silt and erosion from leaving the project limits particularly adjacent to wetlands , roadside ditches or existing bodies of water. D . Storm Sewer System : The Contractor shall protect the storm sewer system from erosion and sedimentation during construction . This may include the use of baled hay, silt fences or any other method approved by the Engineer. All such costs associated with this shall be included in the unit cost of storm sewer system . Last revised 7/9/01 01025-3 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc Should any constructed item be damaged due to erosion or sedimentation , the ' Contractor shall repair or replace the item with no additional compensation . All new and existing (where called for) storm sewer pipes shall be clean and free from silt prior to final acceptance . ' E . Permits to be Obtained by Contractor: 1 . The OWNER has obtained certain permits for this project (SJRWMD ' Stormwater Permit and IRFWCD Permit) . The CONTRACTOR shall apply for, obtain , and pay for all other required permits and licenses . This may ' include but not be limited to : a . Long-term or short-term dewatering permit as required by the St . John 's River Water Management District (SJRWMD ) . Contact SJRWMD at (321 )984-4940 to determine which Permit is required and the associated statutory requirements ; b . Florida Department of Environmental Protection ( FDEP) "Notice of Intent to Use Generic permit for Stormwater Discharge From Construction Activities That Disturb Five or More Acres of Land" permit application form . Contact FDEP at (407)894-7555 or (850 )921 -9904 ; and C . U . S . Environmental Protection Agency ( EPA) "Notice of Intent (NO [ ) for Storm Water Discharges Associated with Construction Activity Under a NPDES General permit. " 2 . Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER . If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall govern . F . Non -Compliance : Should the OWNER or ENGINEER determine that erosion ' control within the project is not being maintained in accordance with the FDOT indexes and specifications , the CONTRACTOR shall have until the end of the working day in which notification is given to take corrective action . Should the CONTRACTOR fail to make such modification the OWNER shall have the option to fine the CONTRACTOR $400 per day until remedied . ' Payment shall me made under: Item 104- 10- 1 — Hay or Straw, baled - Each Item 104- 11 — Turbidity Barrier, Floating — Per Lineal Foot ' Item No . 104- 13 - 1 — Silt Fence (Type III ) — Per Linear Foot ' Item 110 = 1 -1 — Clearing and Grubbing A . Payment for Clearing and Grubbing shall include compensation for: the removal and disposal of asphaltic and existing concrete pavement , concrete , sidewalks , curbing , abandoned utilities ( including pipes , cables , conduit and structures ) , Last revised 7/9/01 010254 PROJECT F :\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and ' Payment.doc existing walls , shade house , riprap , various types of fences , septic tanks , drain ' fields , pump stations , motor boxes , pumps , irrigation apparatus , base material , trimming of trees and shrubs , drainage structures , pipe , backfilling the removal excavations , plus all other items necessary to be removed to construct the project. All non -salvageable materials removed shall remain property of the ' Contractor unless otherwise directed by the Engineer or Owner. All unwanted materials shall be removed and suitably disposed of by the Contractor outside ' the project limits . Any salvage value received from the removed materials shall be reflected in the Contractor's proposal . ' B . Existing and temporary asphaltic pavement and excess subsoil shall be disposed of outside the project by the Contractor, at a location and in a manner approved by the Engineer. ' C . Removal of existing pavement includes all removal and disposal of asphalt . D . Cost of mailboxes shall include all labor to furnish and install and relocate due to construction phasing and materials required . ' E . All cost associated with decontamination for compliance to the 2000 FL - Citrus Pest Management Guide shall be included in this pay item . Payment shall me made under: Item 110- 1 A — Clearing and Grubbing — Lump Sum Item 110 -3 — Structures Removal of Existing ' This bid item is for the removal and disposal of the existing bridge on 26th Street over the IRFWCD Rangeline Canal Payment shall me made under: Item No . 110-3 — Structures Removal of Existing — Lump Sum Item 120 -1 — Regular Excavation ' Item 120 -6 — Embankment A . Earthwork , including earthwork for drives and retention ponds outside the right-of-way limits , shall be paid for as regular excavation . Any excavation to the proposed bottom elevation of the select fill shall be paid for as regular excavation . Cost shall include all work specified in this section and Section 120 ' Last revised 7/9/01 01025-5 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and ' Payment.doc of the Standard Specifications . The quantity of regular excavation is provided in the event that the excavated material will not meet the specifications for roadway embankment . Any excavated material that does not meet the specifications for roadway embankment shall be disposed of by the contractor with no additional compensation . Such price and payment shall specifically include all cost of any roadway , lateral ditch or canal , and final dressing operations in accordance with Section 120- 13 . 3 . Be Earthwork quantities shall be considered as in - place material with no shrinkage or expansion factors . C . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Sub-article 120-7 . 2 : 1 . Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : a . Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. b . Backfill material containing more than 2 . 0 % by weight of organic material , as determined by FM 1 -T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material , shall not be used in construction of the reinforced volume . If an individual test value of the three samples exceeds 3 . 0 % , the stratum or stockpile will not be suitable for construction of the reinforced volume . c . No A-8 material permitted in embankment either inside or outside of sidewalk location . ' Payment shall be made under: Item No . 120- 1 — Regular Excavation — Per Cubic Yards Item No . 120-6 — Embankment — Per Cubic Yard Item 1604 — Stabilization Type " B " ( 12 " ) Sub Article 160-5 . 1 ( Page 161 is modified b the addition of the following : ( 9 ) Y 9 "The stabilization thickness indicated on plans shall be considered a minimum thickness . Thickness will vary to conform to the lines , and grades shown in the ' plans . " Minimum L . B . R . = 40 = No under-tolerance . Payment shall be made under: Last revised 7/9/01 01025=6 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and ' Payment.doc t o . 160-4 - Type B Stabilization 12" - Per Square Yard Item N yp ( ) q ' Item 285 -706 — Optional Base Group 6 Item 285414 — Optional Base Group 14 ' Sub Article 285-4 ( Page 211 is modified b the addition of the following : ( 9 ) Y Base material , thickness and requirements are described in the construction plans . Only one type of alternate base material shall be used through the project limits . The soil cement option will not be permitted . No additional payment will be made for base thickness in excess of the specified thickness . Bituminous Material ( Prime Coat) shall be included in bid item . ' Payment shall be made under: Item No . 285-706 Optional Base Group 6 — Per Square Yard Item No . 285-714 Option Base Group 14 Per Square Yard ' Item 331 -2 — Asphaltic Concrete Type S ( 1 " and 1 1/2 " ) Subarticle 331 -7 ( Page 279 ) is modified by the addition of the following : " Included in this payment will be tack coat and bituminous materials ( Plant Mix) . No separate payment will be made for bituminous materials . No additional payment will be made for asphalt thickness in excess of the specified thickness . Payment shall be made under: Item No . 331 -2 — Asphaltic Concrete Type S ( 1 " and 1Y2" ) — Per Square Yard ' Item 3394 — Asphalt Pavement Miscellaneous No separate payment will be made for bituminous materials . No additional payment will ' be made for asphalt thickness in excess of the specified thickness . Payment shall be made under: ' Item No . 339- 1 — Asphalt Pavement Miscellaneous — Per Ton ' Last revised 7/9/01 01025-7 PROJECT F.\Engineering\Capital Projects\0378-26th Street Bddge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc ' rete ( Retaining Wall Item 400 -1 -11 — Class I Conc ( g ) tPayment shall be made under: Item No . 400- 1 - 11 — Class I Concrete ( Retaining Wall ) — Per Cubic Yard Item 400 -2 -2 — Class II Concrete ( Endwalls) ' Payment shall be made under: Item No . 400-2 -2 — Class II Concrete ( Endwalls ) - Per Cubic Yard Item 407 -70420 — Precast Concrete Three Sided Box Culvert ' Payment shall be made under: Item No . 407-70420 — Precast Concrete Three Sided Box Culvert — Per Linear Foot ' Item 425 -1 -351 - Inlet (Curb Inlet 135) Structure bottoms shall be constructed as per FDOT Index 200 . Inlet tops shall be ' constructed as per FDOT Index 211 . Payment shall be made under: ' Item No . 425- 1 -351 — Inlet ( Curb Inlet P5 ) - Per Each ' Item 425 -1 -361 = INLET ( CURB INLET P6) Structure bottoms shall be constructed as per FDOT Index 200 . Inlet tops shall be ' constructed as per FDOT Index 211 . Payment shall be made under: tItem No . 425- 1 -361 — Inlet (Curb Type P6 ) (< 10 ' ) — Per Each ' Item 425 -1 -541 — Inlet ( Ditch Bottom , Type D) Structures shall be constructed as per FDOT Index 232 . ' Payment shall be made under: Item No . 425- 1 - 541 — Inlets ( DT BOT Type D )( < 10 ' ) — Per Each ' Last revised 7/9/01 01025-8 PROJECT R\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and ' Payment.doc r Item 4254 -XXX — MANHOLES Price shall include all work associated with constructing and installing manholes and covers . The covers shall have raised letter, cast in the cover stating "STORM SEWER" . Structures shall be constructed as per FDOT Index 200 and 201 . Payment shall be made under: Item No . 425-2 -61 - Manholes ( P-8 ) (< 10 ' ) — Per Each ' Item No . 425-2 -91 — Manholes (J -8 ) ( < 10 ' ) - Per Each Item No . 425-2- 101 — Manholes ( Special ) — Per Each Item 425 -10 — YARD DRAINS ' Structures shall be constructed as per FDOT Index 282 Payment shall be made under: Item No . 425- 10 — Yard Drains — Per Each Item No . 430 -11 -323 — Pipe Concrete Culvert (Class III ) ( 15 " SS ) Item No . 430 -11 -325 — Pipe Concrete Culvert ( Class III ) ( 18 " SS ) ' Item No . 430 -11 -329 — Pipe Concrete Culvert (Class III (24" SS) Item No . 430 -11 -338 — Pipe Concrete Culvert (Class III (36 " SS) Item No . 430 -11 -345 — Pipe Concrete Culvert (Class III (72 " SS ) Item No . 430 -24 -125 Pipe Corrugated Steel Culvert ( 18 ") Item No . 430 -52 -004 — Pipe Corrugated Steel Arch Culvert (GA 16) (28 " X 20 " CD) Item No . 430 -171 -45 — Pipe Storm Sewer Culvert (Optional Material ) (72 " ) ' Item No . 430 -982423 — Mitered End Section (Concrete Pipe Round) ( 15 " CD) Item No . 430 -982 -225 — Mitered End Section (Concrete Pipe Round) ( 18 " CD ) A . The work associated with these pay items shall include all materials , labor, excavation , backfilling , tamping and disposal of all surplus materials . Sheeting , if required , shall be included in the cost of the pipe . Price and payment shall be ' full compensation for all work in this section . Be The quantities of pipe culvert to be paid for under this Section shall be the plan ' quantity in feet of Pipe Culvert subject to the provisions of 9-3 . 2 . Any additions or deletions thereto , as authorized by the ENGINEER , shall be determined by plan dimensions , final measurement , or any combination thereof, as measured ' along the centerline of the completed and accepted pipe . ' Last revised 7/9/01 01025-9 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc ' patched significantly prior to delivery shall be rounds for C . Pipe that has been pa g y p ry g rejection of pipe . D . Lifting on pipe ipe culverts shall be grounds for rejection of pipe . ASTM Specification C-76-85A and AASTM Specification N170 -89 are modified by the ' following : "The exposure of the ends of the longitudinal stirrups or spacers that have ' been used to position the cages during the placement of the concrete may be a cause for rejection by the Project Engineer. " E . During construction , the CONTRACTOR is to maintain the storm sewer void of any silting material . Prior to final acceptance the CONTRACTOR or ENGINEER shall inspect and certify that the storm sewer is free of any construction material or debris and operates in a functional manner. Contractor shall remove silt and other material from sewer at no cost to OWNER . Compensation shall be included in the maintenance of traffic lump sum item . Payment shall be made under: Item No . 430- 11 -323 - Pipe Concrete Culvert (Class III ) ( 15" SS ) - Per Linear Foot Item No . 430- 11 -325 - Pipe Concrete Culvert (Class III ) ( 18" SS) - Per Linear Foot Item No . 430- 11 -329 - Pipe Concrete Culvert (Class III (24" SS ) - Per Linear Foot Item No . 430- 11 -338 - Pipe Concrete Culvert (Class III (36" SS ) - Per Linear Foot ' Item No . 430- 11 -345 - Pipe Concrete Culvert (Class III (72" SS ) - Per Linear Foot Item No . 430-24- 125 - Pipe Corrugated Steel Culvert ( 18") - Per Linear Foot Item No . 430-52-004 - Pipe Corrugated Steel Arch Culvert (GA 16 )(28"X20" CD )-Per Linear Foot Item No . 430- 171 -45 - Pipe Storm Sewer Culvert (Optional Material )(72") - Per Linear Foot Item No . 430-982-223 - Mitered End Section (Concrete Pipe Round ) ( 15" CD ) - Per Each Item No . 430-982-225 - Mitered End Section (Concrete Pipe Round ) ( 18" CD ) Per Each ' Item 440 -1 -60 — Underdrain , Type Special ' This pay item includes all materials , labor, excavation , backfilling , tamping and disposal of all surplus materials for the installation of 24" diameter and 30" diameter underdrain , as shown on the plans . ' Payment shall be made under: Item 440 - 1 -60 — Underdrain , Type Special — Per Linear Foot Last revised 7/9/01 01025- 10 PROJECT F :\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc Item 443 -70 -4 — French Drains (24" ) Item 443 -70 -5 — French Drains (30 " ) Payment shall be made under: Item 443-70-4 — French Drains (24" ) - Per Linear Foot Item 443 -70-5 — French Drains (30" ) - Per Linear Foot ' Item 460 -70 -2 — Aluminum Railings ( Double Rail ) Payment shall be made under: Item 460-70-2 — Aluminum Railings ( Double Rail ) - Per Linear Foot Item 514-71 -2 — Plastic Filter Fabric (Stabilization ) This pay item includes all materials and labor required to install D2 Geotextile under sand cement riprap per standard index 199 . Payment shall be made under: Item 514-71 -2 — Plastic Filter Fabric (Stabilization ) - Per Linear Foot Item 515 -14 — Handrail Pipe , Steel Payment shall be made under: Item 515- 1 - 1 — Handrail Pipe , Steel - Per Linear Foot Item 520 -1 -10 — Concrete Curb and Gutter (Type F) Item 520 -3 — Concrete Valley Gutter Payment shall be made under: Item 520- 1 - 10 — Concrete Curb and Gutter (Type F ) - Per Linear Foot Item 520-3 — Concrete Valley Gutter — Per Linear Foot Item 521 -5 -1 — Concrete Traffic Railing ( Bridge) Payment shall be made under: Item 521 -5A — Concrete Traffic Railing ( Bridge ) — Per Linear Foot Item 521 -72 -5 — Concrete Barrier Wall ( Rigid Curb and Gutter) Payment shall be made under: . Item 521 -72 -5 — Concrete Barrier Wall ( Rigid Curb and Gutter) — Per Linear Foot ' Last revised 7/9/01 01025- 11 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc . — " Thick Item 522 1 Concrete Sidewalk (4 ) Payment shall be made under: Item 522A — Concrete Sidewalk (4 " Thick) - Per Square Yard Item 530 -1 Rip Rap (Sand -Cement) Payment shall be made under: Item 530 - 1 — Rip Rap ( Sand Cement) - Per Cubic Yard ' Item 536 -1 -1 — Guardrail ( Roadway) Item 5364 — Guardrail Post, Special Item 536 -82 — Guardrail Anchorage (Concrete Barrier Wall ) Item 536 -85 -22 — Guardrail End Anchorage Assembly ( Flared ) Payment shall be made under: Item 536 - 1 - 1 — Guardrail ( Roadway) — Per Linear Foot Item 536-7 — Guardrail Post , Special — Per Each Item 536-82 — Guardrail Anchorage ( Concrete Barrier Wall ) — Per Each Item 536 -85-22 — Guardrail End Anchorage Assembly ( Flared ) — Per Each Item 550 -74-3 — Resetting Existing Fence (Special ) Payment shall be made under: Item 550-74=3 — Resetting Existing Fence (Special ) - Per Linear Foot Item 570 -2 — Seed and Mulch A . Article 570- 1 ( Page 699 ) is modified to include the following : This pay item shall include seeding , fertilizing , mulching , mowing and watering as required by FDOT Specifications , Section 570 . Grassing height shall not exceed 6 " without mowing . B . Article 5704 ( Page 701 ) , the first sentence is modified to read : "The contractor shall , at this own expense , maintain the planted areas in a satisfactory condition until written acceptance of a satisfactory stand of grass has been achieved and to completion of project. " The following is added to the end of the first iparagraph : "An Acceptable stand of grass will be one that has at least 90 percent rarea coverage , does not allow erosion or rutting , and does not contain more than 5 percent of plant species not specified . " Last revised 7/9/01 01025- 12 PROJECT F :\Engineering\Capital Projects\0378-26th Street Bridge\Q378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc C . Article 570- 5-( Page 701 ) is modified to the extent that the area of seeding and mulching will be measured for payment , and all other items of measurement will not apply. D . Article 570-6 Basis of payment ( Page 701 ) is deleted and the following is substituted : "The Contract Unit Price for seeding and mulching shall include all seeding , seeding and mulching , mulch material , fertilizer (two applications ) , and all water used for seeding and mulching establishment until the time of acceptance of the work and all work associated with the topsoil or muck blanket treatment and mowing . The price shall also include the cost of tools , equipment , labor and all other related or incidental items necessary to complete the work . " Payment shall be made under: Item No . 570-2 — Seeding and Mulching — Per Square Yard Item 575 -14 - Sodding ( Bahia) Item 575 =1 -5 — Sodding (overlapped ) A . Sod for the project shall be of the variety that is common to the area and of a variety approved by the ENGINEER . Where sodding an area in which previously had established grass the new sod shall be of the same variety as existing (Argentina Bahia ) . This work shall also include mowing in accordance with Section 104-7 . 2 ( Page 123 ) to be mowed at 6 " height with a mulching mower. B . Work included : Scope of Work: The work specified in this section consists of the establishing of a stand of grass , within the project , right-of-way, easements , and other areas indicated on the Drawings , by furnishing and placing grass sod . Also included are fertilizing , watering and maintenance as required with the initial application be fertilizer and the section application being "weed and feed " . C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . ' D . Replacement of defective sod ; Any dead sod or sod shown (less than 95 % of a square ) indication of probable none survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from OWNER or ENGINEER . All replacement sod shall be Last revised 7/9/01 01025- 13 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc furnished/installed at no additional cost to the OWNER and shall be guaranteed for three months . All replacement shall me original specifications . ' E . The CONTRACTOR shall notify the OWNER and ENGINEER ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received . F . At the end of the guarantee period , all sod that is dead or in unsatisfactory ' growth shall be replaced within two weeks . G . Fertilizer: Commercial fertilizer shall comply with the state fertilizer laws . H . The numerical designation for fertilizer indicate the minimum percentages ( respectively) of ( 1 ) total nitrogen (2 ) available phosphoric acid and (3 ) water soluble potash contained in the fertilizer. I . The chemical designation of the fertilizer shall be 164-8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 permanent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. J . CONTRACTOR shall ensure one-ounce of nitrogen per 1 , 000 square feet . K . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to be Section 983 . L . Preparation of Ground : The area over which is sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean , the OWNER , at his discretion may authorize the elimination of ground preparation . M . Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6 . 0 - 7 . 0 . N . Contractor shall apply two (2 ) applications . The initial shall be fertilizer and the second application shall be "weed and feed " . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre , or 10 pounds per 1 , 000 square feet , by a spreading device capable of uniformly distributing the ' material at the specified rate . Last revised 7/9/01 01025- 14 PROJECT F :\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc ' specification , All O . Contractor shall apply applications as per manufacturer's p tickets from bags shall be handed over to the County Inspector. ' tee slopes , where the use of a machine for spreading or mixing is not P . On p p p 9 9 practicable , the fertilizer shall be spread by hand and raked in and thoroughly ' mixed with the soil to a depth of approximately 2 inches . Q . Placing Sod : The sod shall be placed on the prepared surface , with edges in ' close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . ' R . Where sodding is used in drainage ditches , the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas , the offsets of individual strips shall not exceed 6 inches . In order to prevent erosion caused by vertical edges at the outer limits , the outer pieces of sod shall be tamped so as to produce a featheredge effect . S . Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 " below paved shoulder. T . On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . U . Sodding shall not be performed when weather and soil conditions are , in the Engineer's opinion , unsuitable for proper results . V . Sod shall be placed around all structures , equipment pads , etc . W . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer, for optimum results . After being placed , the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final ' acceptance , whichever is latest) . X . Maintenance : The Contractor shall , at his expense , maintain the sodded areas ' in a satisfactory condition until final acceptance of the project . Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily . ' Y . Replanting or repair necessary due to the Contractor's negligence , carelessness p 9 p rY Last revised 7/9/01 01025- 15 PROJECT F :\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and ' Payment.doc 1 maintenance shall be at the Contractor's expense . or failure to provide routine ma r Z . The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6 " without mowing . Clippings shall be removed from sidewalk . ' Article 575-5 ( Page 704 . The first three paragraphs under this Article are AA . ( 9 ) deleted and the following substituted : " tract unit rice for sodding shall include the costs of sod , fertilizer The con p g (2 applications ) , sidewalk sweeping after mowing , mowing , disposal of rclippings , water, tools , equipment , labor and all other incidentals necessary. " Payment shall be made under: Item No . 575- 1 - 1 - Sodding ( Bahia ) - Per Square Yard Item No . 575- 1 -5 — Sodding (Overlapped ) — Per Square Yard Signing and Pavement Markings Signing and pavement markings for this project will be performed by Indian River County Traffic Engineering Division . Contractor must coordinate work with Indian River County Traffic Engineering Division to have signing and pavement markings installed when needed . Failure to coordinate with IRC Traffic Engineering Division will result in CONTRACTOR assuming full responsibility of any traffic related accidents occurring due to lack of proper signing and pavement markings . CONTRACTOR shall provide signing and striping as required for Maintenance of Traffic . Such cost shall be paid under Item 102- 1 Maintenance of Traffic . r + + END OF SECTION + + 1 1 r Last revised 7/9/01 01025- 16 PROJECT F:\Engineering\Capital Projects\0378-26th Street Bridge\0378-26th Street Bridge CONTRACT DOC\0378-01025 - Measurement and Payment.doc r 1 1 1 1 i APPENDIX " A " 1 1 � PERMITS i i St . onsRiver Water Management District Kirby B. Green III , Executive Director • John R. Wehle, Assistant Executive Director @ Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S. E . • Palm Bay, FL 32909 • (321 ) 9844940 ' October 30, 2002 RECEIVED Ms . Georgi Celusnek, P.E. NOV O 12002 ' District Four Drainage Design Office Florida Department of Transportation VOLKERT & 3400 West Commercial Boulevard ASSOCIATES , INC . ' Fort Lauderdale, FL 33309 Re : 26'h Street Bridge Replacement Permit Number 40-061 -82484- 1 Dear Ms . Celusnek: On October 3 , 2002, the District received your written request to modify permit number 40-061 - 82484- 1 . Specifically, the staff understands that the proposed modification consists of the following: ' Lowering of the proposed bridge due to an error in elevation reference datum used for the bridge design . Based on the information provided, your request qualifies for a letter modification pursuant to Section 40C-4 .331 ( l ) (b) , F.A.C. ' All of the terms and conditions of permit number 40-061 -82484- 1 will remain in effect. Construction must be in accordance with the plans submitted on October 3 , 2002 . Please be advised the District has not published a notice in the newspaper to advise the public that r it is issuing this letter modification . If you do not publish a notice in the newspaper, a party ' s right to challenge the issuance of this letter modification extends for an indefinite period of time . If you wish to have certainty that the period for filing such a challenge is closed, then you• may publish, at your own expense, such a notice in a newspaper of general circulation within the area that includes the project to which the modification applies . A copy of the form of the notice is attached for your use . Please give me a call at (321 ) 984-4940 if you should have any additional questions or comments . ' Since ply, Joh uilian a, Director Pa m B Se ice Center cc : PDS — Letter Modification Janice Ung Mark Crosby Edward McZuire - Volkert & Associates, Inc . 3409 W. Lemon St. , Suite 1 Tampa, FL 33609 GOVERNING BOARD Duane. Ottenstroer, CHAIRMAN ometrias D. Long, VICE CHAIRMAN R. Clay. Albright, SECRETARY David G. Graham, TREASURER_ . JACKSONVILLE APOPKA EAST LAKE WEIR JACKSONVILLE W. Michael Branch Jeff K. Jennings William Kerr Ann N Moore Catherine S Walker FERNANDINA BEACH MAITLAND MELBOURNE BEACH BUNELL ALTAMONTE SPRINGS Associates , Inc . Volkert & As , Engineers Architects Planners 3409 West Lemon Street LETTER OF TRANSMITTAL Tampa, FL 33609 (813) 8754365 JOB NO. : 905106 . 13 DATE : 09/27/02 To : Florida Department of Transportation Re: 26`h Street Bridge Replacement 3400 West Commercial Blvd. FIN 230889 - 1 -58-01 iFt. Lauderdale , Florida 33309-3421 Attention : Mr. James Scully, P .E. Gentlemen/Ladies : We are sending you ® Attached ❑ under separate cover via Regular Mail The following items : ❑ Shop Drawings Prints ❑ Tracings ❑ Specifications ❑ Copy of Letter ❑ Photographs ❑ Floppy Diskette or Tape ❑ Disks COPIES DRAWING NO . DESCRIPTION 1 Letter to SJRWMD on Datum Correction Permit Submittal 4 Signed and Sealed Plans and Calculations for SJRWMD Submittal 1 Letter to IRFWCD on Datum Correction Permit Submittal I Signed and Sealed Plans and Calculations for IRFWCD Submittal 2 Copies of plans and calculations and letter These are transmitted as checked below: P For Approval ❑ No Exceptions Noted El Resubmit Copies for Approval � ' ❑ For Your Use ❑ No Exceptions Except As Noted ❑ Submit Copies for Distribution ❑ As Requested ❑ Returned for Correction ❑ Return Corrected Prints ❑ Review & Comment ❑ Loan Prints Returned ❑ Remarks: The original signed and sealed material should be sent to the SJRWMD and the IRFWCD along with Volkert' s cover I to come from the FDOT under an FDOT Transmittal letter. We have provide letter. Both agencies require the submitta one copy of this material for you and one copy for Ms . Georgi Celusnek. cc: Ed McGuire (Volkert) VOLKERT & ASSOCIATES, INC . Georgi Celusnek (FDOT) w/o enclosures ^ Brian R. Tanberg, P . E. Project Manager If enclosures are not as noted, please notify us at once. MA230889 Design\projmgnt\word\transmittals\Scully 09-2742.doc J � v QLUiT • V-6..� Wi �1 & , I . rwww.volkert. com 3409 West Lemon Street ' Tampa , FL 33609- 1447 September 27, 2002 813 . 875 . 1365 Fax 813 . 874 . 7656 ' 905106 . 13 tampa0volkert. com Mr. Mark Crosby Department of Water Resources St.. Johns River Water Management District 525 Community College Parkway S .E. Palm Bay, Florida 32909 Reference : 26`h Street Bridge Replacement FPID : 2308894-58-02 i Indian River County Subject: Datum Correction to SJRWIVID Permit Documents Permit No* AM61424844 Dear Mr. Crosby: This submittal is to provide the St. Johns River Water Management District (SJRWMD) with• revised information regarding the project' s survey datum, water elevations and culvert design . As noted in the ' attached calculations and the following discussion, canal and roadway hydraulics, hydrology, and water quality treatment system is not significantly different than that shown in the previously permitted documents. During some recent coordination with an adjacent proposed development, Volkert determined that the datum used for the existing conditions topographic survey of the 2e Street Bridge Replacement project is 1988 NAGD and not the 1929 NGVD as noted in the plans . The critical impact of the datum difference is r that the canal water surface elevations, required low chord elevation, and canal invert elevation are in 1929 datum which generates elevations 1 .48 feet higher than the 1988 datum. This elevation difference means that the culvert is not located in the vertical position required by the Indian River Farms Water tControl District (IRFWCD) * The existing and proposed road profile and other roadway features are designed correctly because those features used the 1998 datum. Sheet 1 of the attached calculations notes the 1929 IRFWCD converted elevations converted to 1988 datum. The conversion identified that the IRFWCD wanted the canal bottom to be at elevation 9 .62 ( 1988) whereas the survey noted the canal bottom at approximately elevation 11 . A discussion with IRFWCD staff determined that the 9 . 62 elevation is correct because they are working with the SJRWMD on a project to lower the canal bottom so more water can be pumped into the canal for the restoration of a lagoon down stream . Since that IRFWCD project is not permitted, the IRFWCD suggested that the 26" Street plans show a bottom elevation at 11 . 1 ( 1988) (labeled the interim bottom) and to show a 9 .62 - ( 1988) bottom elevation (proposed to be constructed by others). The plans were revised to reflect the two bottom elevations and the corrected 1988 50-year and 100-year water elevations. . �__. . ..Office- Locations: Mobile , Birmingham, Gulf Shores, Alabama • New Orleans, Louisiana • Ft. Watton Beach, Miami, Tampa, Florida • Dalton, Georgia Chattanooga, Tennessee • Alexandria ,dria, Virginia • Washington, D.C.• 1 September 27, 2002 26`h St. Bridge Replacement Datum Correction to SJRWMD Permit Documents i Page 2 of 2 Two options were considered to address the IRFWCD required culvert' s inside, crown invert elevation . '. . The first option considered was to leave the crown elevation at the previously permitted elevation and i lower the culvert wall bottom to elevation 9 . 62 . The second option was to lower the entire structure by 1 .48 feet. . Since the second option is more economical for the Florida Department of Transportation but has the potential for not providing enough hydraulic flow area under interim conditions, hydraulic I calculations were prepared to assess the interim conditions . The attached calculations are the interim 1 conditions assessment of the canal invert at elevation 11 . 1 ( 1988) . When the canal is lowered to 9 . 62 to meet ultimate conditions, the hydraulic area matches the previously permitted information and the hydraulic conditions the IRFWCD expects for their ultimate conditions canal design. The ultimate conditions will be modeled and permitted by the IRFWCD . The calculations show that the existing ' conditions effective hydraulic area (not including pier area) provides 327 .3 square feet of opening while the proposed arch culvert with the bottom at elevation 11 . 1 provides 326 . 5 square feet. Considering the 1 slow 100-year velocity in the canal, the difference .in area produces no hydraulic impacts. Once ultimate conditions are implemented, the culvert will provide an effective hydraulic area of 388 . 7 square feet. We trust that the information presented meets the Water Management District' s requirements. However, should you have any questions, please contact me at ( 813 ) 875- 1365 . V 1 . Sincerely, VOLKERT & ASSOCIATES, INC . f rEdward D. McGuire, PE 4 Project Engineer ' EDM/gm Y t r A r r - r M1230889 Design\pro}mpt4ord\leners\Datum Correction SJRWUD Permit 9-2742.doe DAVID QASUCLATES,IV& DESIGN COMPUTATIONS CONSULTING ENGINEERS Designer IDDM Date Sheet No, �_ of 1 Checker I �t_ 5 Date Job No. St aro . Description r1. 149:3 N41119 Co N ✓• WS ( &M Coy Pzr �tA. � ZoOS 23.51. ( IiZg ) 15 (4) 1 , ( 14z9 'U o � 1�•r••�5 S� L5 . t a � 9 .$ g �_. �U rh :. .: t_ C"RCQ . -� a _ . . jLQ&Vc& `- uA .1 &Lry wt _ ` . ._ : _ . ' . . Z. � _ .r _ , c:>= v ; co ' �.► SEB . ' = . � UFU _ . . . .... .. . _ ,. . . Y .. __.n..�... _t. _... ..R_. . ' n...,r....�....... rY _. .:.. .r. r1.�. .T,-_ .._ r. . _ r_.1+n..• r_ y,.. .. r . . . 00 ` V4 ; V-? s- E L F{e cwt Lou . L 9 s. 9 �S ^ Et - . ,RewL` . qrwC _0_ �. .c, ' hS.Lg .. _ : _ . _r..L t .. . t t1G�Q ^ • lLLU Z 51.. t} j . S' ,Dti..13^ C�.t-a+rA 0 . (ig2 c1 04 . •_ . r . _ _ . . . .ne . . _. . _ .. _ _ . ._s._r+.�. nM .. �rMr_.r .. rr.n_ _4n . .. . ..__ .�. n 1 . ._..rr..__.r •.r . .... � . r . _ . . . ._ . . . tiz. 1) `� .. � z c tg� 8 � 07 OZ Q 4 CARTER ASSOCIATES , INC . CONSULTING ENGINEERS AND LAND SURVEYORS SalAu\' rN E , { :. utrt: l{. r.ti.at. _ 17118 3 ! til STRIN01 \THO IWAC 'I1 . FLORIDA 412' 960-3-17:! I 47(; 1 .512 -.1• tt) 1 . OHO 11 . 111,t •\ 1 . 1801:. . :itil •it12. 7180 ( l :.\X ) • I - RA \IZ ti. ( :1 '( 81 :1 .1 { IstiE:. atrtc.C:) rit ratitittC.t' lln DAVID E . L[ '1 t'ILlli, 1C.ti.,lt . ' r3fi/ 11OW tit \ It1.Nti . I511-. 1- ti : tiVt )1t1 :1t ( . I :It . 1861 :. MI 'Itlt :1C S . \141 \ 1 :14111 : It . 1 '. I :. ' July 3 , 2000 1 Reynaldo R. Rivas , P . E . , V . P . Volkert [ ( d d 4960 Southwest 72 "d Avenue, Suite 201 2 . Miami, FL 33155- 455 $ JUL, - 5 2000 Re : Indian River Farms Water Control District Rango Line Canal (26 Street and 74 Avenue) DAVID VOLKERT Indian River County AND ASSOCIATES , iRC. CAI Project Number: 89-65E I ' Dear Rey : ; Per your'. request to the I . R. F . W .C . D ., we are able :. to ' respondith 'tbe following i 1 information. t The F .b . O .T. plans to remove and replace the bridge =crossmg ± thd :I :R.F W. C .D . Range Line Canal at the intersections of 74t1i Avenue and 260' Street. The canal and bridge are , on the East Side of the intersection, Our review of flows and elevations in the area will allow the F. D .O .T. to either replace f the bridge with another bridge or a box culvert. The following will be the requirements of the I . R.F. W . C . D . : ; Lower member elevation of the bridge or the top inside elevation of a box culvert Elevation 22 , 1 ' z Bottom elevation of the canal with the bridge or invert of the box culvert ' Elevation 11 . 1 ' f Minimum size of box culvert — 10 ' wide x 11 ' high 6666 If a bridge is utilized, clear span the bridge as far :as possible leaving 'maximum of two piling bents , if required , one at either end of the bridge . General notes : If pilings are within the flow channel iof the ' canal , sacrif cial pilings shall . be placed in line with each bent, both ends of bents . _ Al Sitive. Lcl- 1:\CYN\F.NGPRDJ%Misc3 -vac\irrwcdrlcnnal .doc I If the bridge is utilized, an approved armaring plan must be submitted . We suggest you decide which alternate the F . D . O . T . plans to take, and prepare and submit a conceptual plan for conceptual approval , prior to preparing final plans . Very truly yours, . CARTER ASSOCIATES , INC . ! L G ear L . eihjI' . E . cc : Chris Kafer, P . E. — Indian River County Engineer ineer John Amos — I.R.F. W . C . D. Marvin E. Carter, P . S .M . — Carter Associates, Inc . tic•r�•ing Horichr E J :\CYMNGPROJ\Misc3 -vac\irr%vcdricanal . doc �L Tru. shim I � CROSSROADS Engineering & Surveying, Inc. MEMORANDUM ' T0 : - Brian R . Tanberg , P . E . Assistant Vice President Volkert & Associates , Inc . 1 3409 West Lemon St . Tampa , Florida 33624 FROM : Terry D . Laird , P . S '. M . r PROJECT : 26th Street Vero Beach W . P . I . No . : N / A S . P .. N . No . : N / A F . M . No . : N / A County : Indian River Project Limits : PI 26th St & 74th Ave East 500 ' + / - i SUBJECT Vertical Conversion NAVD88 to NGVD29 DATE : September 9 , 2002 ' cc : File - E : \ PROJECTS \ 00123 26th St VERO BCH \ CORRESPONDENCE \ VERT_CONV_88_TO_29 . wpd The conversion of the above referenced project was determined using the i . Vertical Conversion program ( Vertcon ) supplied by the Vertical Network Branch of National Geodetic Survey , NOAH . The conversion is as follows : NGVD29 to NAVD88 - add conversion factor algebraically . . NAVD88 to NGVD29 - subtract conversion factor algebraically . For the Central and South Florida area the ' NAVD88 datum is lower than the NGVD29 datum . ` i. The requested data is as follows : Control Point Al � Latitude = 27 38 47 . 12N ' Longitude = 80 29 44 . 88W Conversion factor = - 0 . 45 Meters ( - 1 . 48 ft ) NAVD88 Elev . = 22 . 08 ft . ' NGVD29 Elev . = 23 . 56 ft . r Control Point a3 ' Latitude = 27 38 20 . 59N Longitude = 86 28 46 . 07W Conversion factor — 4 . 45 Meters ( - 1 . 48 ft ) NAVD88 Elev . = 20 . 62 ft . NGVD29 Elev . = 22 . 10 ft . : ' 1462 Royal Palm Beach Blvd . , Suite 102 , Roya(56Palm 1 ) 753 -9 24 Florida 33411 Phone : 561 ) 753 - 9723 FAX : j I ' I + I ► I I I ► DO cb D• ., �0 �ol 5 . I I ► O \ \ r- \-g (�� Cp o1 ► a . \ 1 I ► ► � I CLE{1 ATl0* . r\l5 ;; i f AeoG lRff p �vrh MEN to 4bb* 1 II � I y I fi ' • ' I g I I H•rs 1 ` Now to l I =1 ! 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Bridge back- Where � rater analysis is fax from simple regardless of the' hi* = total backwater ( ft . ) .nethod employed. Many minor as well as major K* = total backwater coefficient. oariables are involved in any single waterway a, & a2 = as defined in expressions 3a and 3b ( sec . iroblem. For the model which was installed in a' 1 . 11 .ectangular flume and operated with uniform rough- A �z Less, minor variables such as type and geometry of = dross water area in constriction measured e below normal stage ( sq. ft . ) . , N�7' ' abutments, width of abutments, slope of embank- * r� vents, roadway widths and width to depth ratio *� = average velocity in constric ion or Q/Ani ould be evaluated in relation to the Froude Number (f' s was done in the comprehensive model study report A4 = watterer area at section 4 where normal stage I8) . In the case of bridges in the field where rough- is reestablished ( sq. ft . ) . Ai = total water area at section 1 , including Less of flood plain and main channel differ materially that produced by the backwater ( sq, ft. ) . ind channel cross sections are irregular, the Froude lumber is no longer a meaningful parameter and To compute backwater, it is necessary to obtain f t ninor variables lose their significance. This is es- the approximate value of hi* by using the first part recially true as bridge length is increased. Fortu- of expression (4) : iately, reasonable accuracy is acceptable in most ' Bridge backwater solutions, thus, a practical method, hi* = K*az Zznz (4a) Ltilizing the dominant variables, is presented in this 0 ;hapter for computing 'backwater produced by ' fridge constrictions. The value of Ai in tho second part of expression ( 4 ) , f A practical expression for backwater has been which depends on hi*, can then be determined and . ormulated by applying the principle of conserva- the second term of the expression evaluated : son of. energy between the point of maximum back- A ,, ,. :5 f , �,•,a '9 � Anz 2 Ana z Vzn2Fa,� :� a nater upstream from the bride section 1 and a w . p g , /-, < < F CCA, ) CA1 mA . int downstream from the bridge at which normal I - ! F_ a .� , � ,.� ,,, +L",,... y ' ,tage has been reestablished, section 4 ( fig. 2A) . The This part of the expression represents the difference expression is reasonably valid, if the channel in the in kinetic energy between sections 4 and 1 ; expressed 9g ricinity of the bridge is essentially straight, the in terms of the velocity head, V2a/2g. Expression #0' ' ;Toss sectional area of the stream is fairly uniform, (4) may appear cumbersome, but this is not the case, q • ;he gradient of the bottom is .approximately con- Since the comprehensive report (18) is generally itant between sections 1 and 4, the flow is free to not available, a concise explanation regarding the ;ontract and expand, there is no appreciable scour development of the above backwater expression and )f the bed in the constriction and the flow is in the the losses involved is included in appendix A of this fuberitical range. bulletin under type I flow. The expression for computation of backwater up- 2.2 Backwater coefficient. Two symbols are stream from a bridge constricting the flow, which is interchangeably used throughout the text and both ieveloped in the comprehensive report ( 18) , is as are backwater coefficients . The symbol Kb is the 'ollows : backwater coefficient for a bridge in which only the bridge opening ratio, M, is considered. This is known At V2 ' 1 K a21 [ (An,)2 ( ) 811 The velocity, V„a, is not an actual measurable velocity, but represents a reference velocity readily computed for both model and field structures. 1 0 J ' Wp—►Ir- Wp WP Width of pier normal to A na based on flow — feet length b hna = Height of pier exposed to flow — feet NORMAL CROSSING N ■ Number of piers ' Ap ■ 1: NWphnz ■ total projected WP 3 area of piers normal to W � AcE based an flow — square feet length b cos p � Ana = Gross water cross section WP in constriction based on LWP.1normal water surface. ( Use projected bridge �f _ length nL, mal to flow SKEWED for skew crossings ) CROSSING Ap J = NOTE : Ana ' Sway bracing should be included in width of pile bents . 0.4 1 0. 3 ' = c of Y 0.2 � / o / 00010 000, M 20 .40 .60 .e0 110 l.0 0. 1 / as 0.8 640 00, 000e Cr m CBS or KF. = DK 0 y ., 0 .02 .04 . 06 fop 0 . Cir . I . 12 . 14 . I6 . 18 Figure is Incremental ba water coefficient for piers . 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I . opoo, «.owepoe, . _ . _ :.c door I . i'-". .{ . > _ , . . . , : . . . a . .._ . _ ! ! o l °6 CARTER ASSOCIATES , INC . CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET MARN•IN E, CARTER, P,S,11L VCHO REAC11, FLORIDA :32 £) 130.3472 � � � � � � DEAN r, LUCTI LIE, p, E, ,n. F �Y_, 5GI •5G2-7181 D JOII,\ 11, QLUAI, Fc 51 •aG2- 1AO (PAX) PRANKS. CUCCURESE, P,S„�l , DAN'LD E, LUCT1UE, P.S ,AI , November 20 , 2000 NOV 2 2 2000 STMPT SN0 cliccn. P.C. PATRICK S. WALT11CR, P.C. ' Reynaldo R. Rivas, P. E ., V . P . Volkert_ VO XERT & ASSOC . , INC. 5757 Blue Lagoon Drive, Suite 360 ' Miami, FL 33126 -2077 Re : 26'h Street Bridge Replacement Over Lateral "C” — I.R. F. W.C.D . Dear Rey: Per our conversation and your follow-up letter and plans, the following are our responses to your questions on behalf of the I.R.F .W.C .D . 1 ) As to the use of a 42 ' conspan culvert, the District will accept a 20 ' wide, minimum of a 1 -foot clearance, one foot above the 100-year storm event at the top center of the arch. 2) As to- the - f fling of Sub-lateral "A-3 " for a distance over 400 ' , more or less, the I . R. F . W .C . D . has no objection as long as the volume of the canal displaced by fill is . compensated for somewhere near this basin, and that the ground water profile is maintained as previous with the open ditch . These items are usually offset by installing larger pipes in French drains and using created retention ponds as compensation . A smaller French drain along the larger pipe can also be used . 3 ) As to the requested culvert by the I . R.F. W.C . D . a 36" RCP w1l•1 be sufficient and plugged at the West End in the headwall as suggested . Naturally, this pipe will pick up any existing drainage in the area. This culvert will become the responsibility of the F.D .O .T. or Indian River County . Natural ( all of these items are subject to the supervision of I .R.F . W .C .D . ' s approval. But most y� P of this is. standard operating procedure arid should be approved , Very truly yours, CA ER SOCIAT , IN can F . Luethje, P - E , DFL/sw ' cc : Marvin E. Carter kw John Amos — I .R. F . W . C . D . t _ Serving Florida CAJ ~ince 1911 J7, 31 Ardengfh 52. 14 ' a . Amlen !h = J2. 92 ' ° r 61 an4 ' e�� I 47. 16' �- psi • I b � 9�f w�p a n.e • G�eC 3 � '" 4 =0 � �n rr s =a • 4 _a • I T4 42 =D So on 14 , a I I r . t F t 1 i i WA TER WA Y AREA AREA OF CONCRETE (SQUARE FEET) SECTION (Sq. Fe e t) RISE SPAN (ft.) RISE SPAN (ft) (ft.) 42 (ft) 42 10 3.33. 1 10 62. 5 11 375. 1 11 64. 8 ' 12 417. 1 12 67. 1 13 459. 1 13 69. 5 14 501. 1 14 71. 8 / z -1-" y Z • Li erties Geometric Pro . P 42 Ft. Sp an Form Sys tem A i F*,5 17 SON SPAfV BRIDGE SYSTEMS 0,. t e 7 U 01995 CON/SPAN• ® 1996 CON/SPANS 0Lu DESIGN COMPUTATIONS eDesigner n4 Date 7- 4,0Y a Low. Sheet No. Checker �� 44 ' Job No. Date -• ' Description tat ! �iF=•r' n ? F' ;L7 ..:•. ( , 1 �� J! �, f • � � rE rr -.•� W S -3 +7734 +09.16 Q I 29.18' LT /600' LT Q ; iti iQ c° Et 24 02 IPRAD C— G , t � lg $EL ZSJ R BEGUN BRIDGE _ ios + 6060c) too, No W kph CULVERT N Q STA. 105+15.67 105 moo 106 T> ! ''•- '"X f � --' r ' 2B.QDa 5 - a Now . . , 1'� �- "� — 90"14 '40' EL 25 c --_ _ T325 o ! T33S ' �iwmmwwmCONC. BARRIE A �SURVEY WALL 6R 7D0`E- STA. 216+51.43 , o - 4A - - EN BRI C EST' L F STMoi 1A . 105 .1• 00 `L? ( rWJy NTT 9EL 1- CORD � � 15 Agri _ �� 0 ,WIT 1 � r i t2� lip W / . w1 6 ■ Wtlt w " � � � AV-eA CD 0PEA1s1 In a 16■ �diP m - _ - '/ - �1Y 1 42gi . 4 ` SQFT c / i 9 , fe ■ ` _ • " .erI m. !� �rvt MANk� q�,L .- Is tz .........1: ' . of m 1 —E.- 1 I . ' • i it 4 1 taw r - *PR i ptrco� ,•39 I Q� o CUL ER KATC141 VA I D)� 3 ` y ' • \ 11 j ' . O I NeuJ Aire'-EL R TI Ql 6 67W � 3 .6 , 1 4 a 1 I M FeR 3 '7 . 20 1 � Au.EA - • y � = ' • i ' ' ■ � ' t ' ' I 1 1 1 • i to i " ��• WWW + _ I . 11 , Li I - i LbZ 10 to i 1 ' - I - 'inr el^^ - jjj t erI .I . 1 " .' ' DAVID , OV SSOCIATES, INC. DESIGN COMPUTATIONS CONSULTING ENGINEERS Designer Data D Z Sheet No. �_ of Checker L17 Date ° A 6 )e Job No. G 't` e;'r f"' t ' Description _ 12 °� P•1G � 0 Tb ( °( � f f.( P bra ^nti ,tt , c ; . 14) 4 ( c ab. Plane Curvilinear Figures ' Notation, lines, a , h. • , . radius, r; diameter, d ; perimeter, p; circumference, c ; central angle n radianst, B; are, a; chord of are a, h chord of half are s/2, 1' ; rise • h ; area, A. 9. Circle (and Circular Arc) For Circle s d w 2r; c = 2rr rd; A srs �- -4 �xr For Circular Are: r Let arc PAQ m s; and " chord PA 1. Then, a rB 2B ; s m 3 . • (The latter equation is Huy¢ens' approximate formula. For A' e small ; error is very small; for 0 w 120°, error Is about 0.25% ; for r t n B � 180°, error is leas than 1 .25%a G BE I = 2r sin ; l M 2. ,/2hr — hs (approximate formula) r _._... . . _ a _ f _ 4h2 + Is r r Ilk (approximate formula) # d 2 sin s l t h � r NF — 14 ( — if a 180°; + if 0 1800) r r ( I — cos l/ B B l t r versin 2 w 2r sins ; 2 tan ;B r + y — Side ordinate y h — r •frri—z=• . i 10. Circular Sector (and For Circular Sector. . . Semicircle) err R s A 2 2 • [ For Semicircle. _ _ 0 *r' r A � _ ± 11. Circular Segment A M 2 ( B — sin s { 1/2 far :F 1(r — h)) (— U h 9 r; r If h i; r). 11h h A 3 or 15 (8l' 6n. (APPrositaate formulas. For h small n .n. • ± , first formula errs aloe . - pared with r, error is very small; for )x 1 i 3.5% and second less than '1 .0%J 1 ' t - RASSOC1ATEs, irTc . DESIGN COMPUTATIONS ' CONSULTING ENGINEERS Designer G rA Date c I 0 Z Sheet No. Dt _ 1 / Checker K s Date i ;:� Job No. t, oil- 5 ?' e?%. v , Description /J l• LIP 711Cn �.i Ic_� ^ : A y v Au . Cteu H x X I98v E !` 23, 3 ? (okt6 4Lat3s� � ^ 32f`tZ El. 21 , 89" ( 2e✓t.ed �Lan► s 9119 ( f EL 91 :62 ( .A'e ,r mac. 1��•�r�� i - - ►'�1 �t.► � � ����crvR ��ti ia a zt . .o a . . f� ._�. � .. OY 2a;zAj I . ya Ll WL t o o +� r `� �� := " l 9 , (�'�- :: `2 N v : a �� .! = •I . 0, o v 7j- Cf Via-( t-�. " t�Q. `r'1_tovo-sk, I, S = 71 . 111!S F" L C� tC (t''� t '� �E t IVOLKEART } & SSQCIATES, irrc . DESIGN COMPUTATIONS CONSULTING ENGINEERS Designer rA Date 0 111 / 02 Sheet No. of Checker _ K S Date T/ 2 b1 .02� Job No. Description 1G 29 r U A ?U (4 p m P, r/ C, es� aJxw�rt , YO r 2� b.'�D. i or 3 2. _ . _ . .. _. _ . _ e Lk r ; . 2 IgE 34 %%L P DAVID IV&OLKERT :�. SSOCIATFS, INC . DESIGN COMPUTATIONS ' CONSULTING ENGINEERS Designer rA Date ` *f i" I ! l a 1 Sheet No. 4-2� of Checker KG 5 Date / Job No, _ or 'I'^ Description - ( a ZG IJ640 lb tip? IJAVO lowivieti 'J 71- Ir� 047 AAA. IL .�Aj 01 b7 -- S �� t7, d e �+:J•.� Cr.,,.�.�, i (. .� k'. C'� , _." ; '� Z. b; � y � : -- . 39 r � 3 - 3 g. �. .�O � S j" ' w I ( A;Tc2 P1'' � {�eS e. .31ao : 5 . . 3 31 1 (k6k o8 'PteRs) _ 2oSS G � e� APer•oxM «� � ► �I ?- r . . :� 5 ' ;.. L L . S f , - . c `� Sr' ^Ajc,Z , hs '. /.l y . �Q +� C r r r� rJS _ ` SAL ._ .: f"�Y e£_ .. . �a1 _{_ F S +-� l d "ta. .. r `` - r .i• _ • . .. . .� � LA 7177 vP . ? . . . , `,1 �5 �- 3 C � - � ro , s - w ! aIt th _ X1 , _7 r _ folkv H UO 7 . 7714 lov otJTmE� C4 wTR L Not AM' Pt, ( .r I.: f C C L Aij S �' P 0 t" t t h! p r =u. LL CHART i 12 11 600 ( 3) i 500 EXAMPLE 8 9 10 10 400 5 ' x 2' Box q = TS efa 7 8 0 / 8 = 15 efa/ft % 7 8 I 9300 inlet itw mw 6 s D feat 6 7 5 ( 1 ) 1 .75 3. 5 5 6 ' 8 200 (2) 1 .90 3. 8 4 g (3) 2A5 4. 1 4 I 4 3 3 { 6 0 100 3 ' W 80 f 2 W20_ Bo - -► — 2 5 N . V 50 1 .5 to w Z 40 W 1 . 5 W = 1. 5 LL m Z 40 30 p�e�,F. / 0 x a 20/ pCa 3 / LLI 1 . 0 1 tt p F— _ . 9 I . O �O 1- 3 Angle of p �0 � Wingwall — a W10 10 Fiore —+ 0 . 8 89 .9 { V � / to W 8 G Q . 7 LL6 3 . . p 5p o H SCALE WINGWALL w .7 .7 a 4 D FLARE _ . 6 2 . ( 1 30' to 750 3 (2) 900and 150 . 6 .6 (3) 00 (extensions . 5 I 2 of sides ) I . 5 .5 ' To use scale ( 2 ) or (3) ro) act horizontally to scale ( 1 ) , hen use straight inclined line t ough . 4 I D and 0 scales , or reverse a Illustrated. ' 8 . 4 . 4 i i t. . . 6 ' 1 • 5 . 30 .35 .35 HEADWAT • EPTH FOR BOX CULVERTS BUREAU OF PUBLIC ROADS JAN. 1963 WITH INLET CONTROLPL ,, O . 11 5 %ASSOCIATES ,ERT & INC . VO Lir MEMOD � www. volkert. com tit \ 1!UM 3409 West Lemon Street Suite 1 Tampa , FL 33609- 1447 TO : Attendees 813 . 875 . 1365 Fax 813 . 874 . 7656 CC : James Davis, P .E . (Indian River County) tamps@volkert. com Ed McGuire, P .E . , (Volkert Drainage) Ed Brekhus, P .E . , (Volkert Structures) ' FROM : Brian R. Tanberg, P .E. DATE , September 23, 2002 SUBJECT : 26th Street Bridge Replacement FM No. 2308894 -58-01 Meeting held 9. 18.02, 10 : 00 a.m., at District IV ATTENDEES : James Scully, P .E . , FDOT John Danielsen, P .E ., FDOT Georgi H. Celusnek P .E. , FDOT Christopher J Kafer Jr. , P .E. , Indian River County Brian R. Tanberg, P .E., Volkert (Writer) The following was discussed at the meeting: ( 1 ) Mr. Danielsen provided Volkert with the Task Work Order b for the post design services for the project. Mr. Tanberg will review/execute and return to Mr. Danielsen for processing. (2) Mr. Tanberg discussed that the bench mark elevations provided by the FDOT and the topographic survey performed by Crossroads Engineering & Surveying, Inc . were in NAVD88 datum. Information provided by Carter & Associates, the consultant for the Indian River Water Control District (IRFWCD), were in NGVD29 datum. The difference between ' the two datum ' s is as follows : NAVD88 EL 0 . 00 = NGVD 29 EL 1 .48 . The plans prepared by Volkert & Associates are in the NAVD88 datum. (3) Mr. Tanberg discussed that Volkert has reviewed various options to resolve the differences between the design criteria provided by IRFWCD in NGVD29 and the Volkert plans in the NAVD88 datum. Volkert has coordinated with both Carter & Associates (IRFWCD) and the St. Johns River Water Management District (SJRWMD) regarding the proposed solution. Volkert ' s recommendation is to lower the entire box culvert by 1 .48 ' and leave the proposed Office Locations: Mobile, Birmingham, Gulf Shores, Alabama • New Orleans, Louisiana • Ft. Walton Beach, Miami, Tampa, Florida • Dalton, Georgia Chattanooga, Tennessee • Alexandria, Virginia • Washington, D.C. M:\230889 Design\projmgnt\word\minutes\09 18 02.doc 26`' Street Minutes of Meeting, September 23 , 2002 Page 2 of 2 profile and drainage system as currently shown in the plans . By doing so we can meet the design requirements for the IRFWCD and the St. Johns River Water Management District. (4) Mr. Kafer stated that the County has two concerns; l ) The tie in connection at the west side of the intersection between the proposed church development project and this project, 2) Additional project cost of the higher roadway profile . The attendees discussed that the proposed church development project datum is in NGVD 29 and that the Volkert plans are in NAVD88 which means that 1 .48 feet would need to be subtracted from the Volkert plan elevations to be compared with the Church project plans. Mr. Kafer stated that this should help the church development tie in. The attendees discussed that if the profile was lowered over the box culvert that it would have little affect on the tie in elevations at the west side of the intersection. Mr. Tanberg discussed that the cost savings of lowing the current roadway profile over the box culvert would be minimal. In addition, holding the current profile and lowering the box culvert by 1 . 48 feet would provide additional cover over the top of the box culvert, specifically at the centerline of the culvert. This would reduce the chances of reflective ' cracking in the new roadway asphalt. It was concluded that Volkert will go forward with revising the plans by lowering the culvert. Volkert will provide the difference in cost from the current estimate and lowering the entire box culvert. (5) Mr. Kafer reported that the County Board had approved the LAP Agreement for the project. The agreement should be executed and back to the FDOT in the next couple of days . Mr. Danielsen will check to see what the time limitation, if any, is for construction of the project per the agreement. (6) Mr. Tanberg discussed that Volkert had coordinated with Carter & Associate (IRFWCD) and SJRWMD . Volkert will revise the plans by lowing the entire box culvert by 1 .48 feet and prepare the required documentation and calculations to be submitted back to the permitting ' agencies . The information will need to be submitted to the permitting agencies through the FDOT. Volkert will submit this information to the FDOT within two weeks. It is anticipated that the RUVCD review will take from 4 to 6 weeks depending on the timing of their board ' meeting. The SJRWMD review is anticipated to take 2 weeks (permit determination assumed) . (7) Mr. Scully pointed out that there is still a utility conflict with Bell South and the proposed - drainage pipe on 26h Street at station 107+50 that requires resolution by the County ' (8) Mr. Tanberg discussed that Volkert had completed the draft specifications package and would forward it electronically to Mr. Scully by next Monday for review. ' IF ANY OF THE ABOVE DOES NOT REFLECT ACTUAL DISCUSSION, PLEASE CONTACT THE WRITER. MA230889 Design\projmgnt\word\minutes\09 18 02 .doc � . Volkert & Associates Inc . sngmeers Architects Planners 3409 West Lemon Street LETTER OF. TRANSMITTAL Tampa, FL 33609 (813 ) 875- 1365 JOB NO .: 905106 . 13 DATE : 07/26/02 ' To : Florida Department of Transportation Re: 26th Street Bridge District Four3400 West Commercial Boulevard FPID 230889- 1 -58-02 Ft. Lauderdale , FL 33309-3421 Attention: Ms . Georgi Celusnek, PE Gentlemen/Ladies: We are sending you ® Attached ❑ under separate cover via Regular Mail The following items : ❑ Shop Drawings ❑ Prints ❑ Tracings ❑ Specifications ❑ Copy of Letter ❑ Photographs ❑ Floppy Diskette or Tape ❑ Disks COPIES DRAWING NO. DESCRIPTION 1 WMD Completeness - Permit 1 These are transmitted as checked below: ❑ For Approval ❑ No Exceptions Noted ❑ Resubmit Copies for Approval ® For Your Use ❑ No Exceptions Except As Noted ❑ Submit Copies for Distribution ❑ As Requested ❑ Returned for Correctibn ❑ Return Corrected Prints ❑ Review & Comment ❑ Loan Prints Returned ❑ Remarks: ' Enclosed is the Water Management Districts Completeness - Permit letter on the above reference project. Cc: Brian Tanberg, Volkert PM VOLKERT & ASSOCIATES, INC. ' Mr. James Scully, P .E.FDOT PM w/enclosure v -- (� In' ...yy By: vv--� Edward D . McGuire , P.E. Project Engineer If enclosures are not as noted, please notify us at once. ' M :\230889 Design\projmgnt\word\transmittals\CELUSNEK072602.doc St . oh .� � ns River .ta Water Management District tT= Kirby B. Green III , Executive Director o John R. Wehle, Assistant Executive Director Post Office Box 1429 • Palatka, FL 32178- 1429 •- (386) 329-4500 July 17, 2002 FDOT RECEIVED 3400 W . Commercial Blvd , JUL 19 2002 Fort Lauderdale , FL 33309 -3421 VOLKERT & ASSOCIATES, INC, ' SUBJECT : Permit Number 40-061 -82484- 1 26th Street Bridge Replacvement Dear Sir/Madam : Enclosed is your general permit as authorized by the staff of the St. Johns River Water Management District on July 17 , 2002 . ' This permit is a legal document and should b 9 e kept with your other important documents . The attached MSSW/Stormwater As- Built Certification Form should be filled in and returned to the -� Palatka office within thirty days after the work is completed. By so doing , you will enable us to schedule a prompt inspection of the permitted activity . In addition . to the MSSW/Stormwater As- Built Certification Form , your permit also contains 'fit conditions which require submittal of additional information . All information submitted as `%%l compliance to permit conditions must be submitted to the Palatka office address . Permit issuance does not relieve you from the responsibility of obtaining Permits from any federal , state and/or local agencies asserting concurrent jurisdiction for this work. Please be advised that the District has not published a notice in the newspaper advisingthe public that it is issuing a permit for this proposed project. Publication , using the District form , notifies members of the public (third parties) of their rights to challenge the issuance of the general permit. If proper notice is given by publication , third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish , a party's right to challenge the issuance of the general permit extends for an indefinite period o#, time . If you wish to have certainty that the period for filing such a challenge is closed ,- then you may publish , at your own expense , such a notice in a newspaper of general circulation . A copy of the form of the notice and a list of newspapers of general circulation is attached for ' your use . In the event you sell your property , the permit will be transferred to the new owner, if we are ' notified by you within thirty days of the sale and if you provide the information required by . 40C- 1 . 612 , F.A . C . Please assist us in this matter so as to maintain a valid permit for the new property owner. ' GOVERNING BOARD Duane Ottenstroer, CHAIRMAN ometrlas D. Long, VICE CHAIRMAN R. Clay Albright, sEcAETAW David G. Graham, TREASURER JACKSONVILLE APOPKA EASTLAKE WEIR JACKSONVILLE W. Michael Branch Jetf K. Jennings Wllllam Kerr Ann T Moore Catherine A. Walker FERNANOINA BEACH MAITLAND MELBOURNE BEACH BUNNELL ALTAMONTE SPRINGS - Thank you for your cooperation , and if this office can be of any further assistance to you , please do not hestitate to contact us . Sincerely , o � ' Martha Depalma Permit Data Technician Division of Permit Data Services Enclosures: Permit with As-built Certification Form ' Notice of Rights List of Newspapers for Publication ' cc : District Permit File Agent : Volkert & Associates 3409 W . Lemon Street Suite 1 Tampa , FL $3609 ' ST . JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178- 1429 PERMIT N 40061 - - O . - 82484 1 DATE ISSUED : July 17 , 2002 - a'' PROJECT 26th Street Bridge Replacvement ' A PERMIT AUTHORIZING : Construction and operation of a roadway, bridge replacement, and a new surface water management system , to serve 26th Street, a 1 . 8 acre project located in Indian River County . LOCATION : ' Section ( s) : 31 , 36 Township (s) : 32S Range (s): 39E 1121314 , 6 33S 38E Indian River County FDOT ' 3400 W. Commercial Blvd . Fort Lauderdale , FL 33309-3421 _ ' Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and ail damages , claims , or liabilities which may arise from permit issuance. Said application , including all plans and specifications attached thereto , is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified therein , nor relieve the permittee from complying with any law , regulation or requirement ' affecting the rights of other bodies or agencies . All structures and works Installed by permittee hereunder shall remain the property of the permittee . ' This permit may revoked , modified or transferred at any time pursuant to the appropriate provisions o� Chapter 373 , Florida Statutes : This permit may be revoked , modified or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes : ' . PERMIT IS CONDITIONED UPON : See conditions on attached " Exhibit All , dated July 17 , 2002 AUTHORIZED BY : St. Johns River Water Management District Department of Resource Management By : ' rvice nter Director - Palm Bay) John Juilianna EXHIBIT A CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061 -82484-1 FDOT DATED JULY 179 2002 All activities shall be implemented as set forth in thelans specifications p p cations and performance criteria as approved by this permit. Any deviation from the permitted ' activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2 . Thiser 't p mi or a copy thereof, complete with all conditions , attachments , exhibits , and modifications , shall be kept at the work site of the permitted activity. The complete ' permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to ' commencement of the activity authorized by this permit. ' 3 . Activities approved by this permit shall be conducted in a manner which do. not cause . violations of state water quality standards . ' 4 . Prior to and during construction , the permittee shall implement and maintain all erosion and sediment control measures ( best management practices) required to retain sediment on-site and to prevent violations of state water quality standards . . All practices must be in accordance with theuidelines and nd specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of ' Environmental Regulation 1988) , which are incorporated by reference , unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or operation to prevent ' erosion or control sediment, beyond those specified in the erosion and sediment control plan , the permittee shall implement additional best management practices as necessary , in accordance with the specifications in chapter 6 of the Florida Land Development Manual : A Guide to Sound Land and Water Management ( Florida Department of Environmental 1988 ) . The permittee shall correct any erosion or shoaling that causes adverse impacts ' to the water resources . 5 . . Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction ' activity in that portion of the site has temporarily or permanently ceased . 6 . At least 48 hours prior to commencement of activity authorized by this permit, the r permittee shall submit to the District a Construction Commencement Notice Form No . 40C-4 . 900 ( 3) indicating the actual start date and the expected completion date . 1 7 . When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No . 40C-4 . 900 (4 ) . These forms shall be submitted during June of each year. r8 . For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system , such easement or deed restriction , together with any other final operation or maintenance documents as are required by subsections 7. 1 81 through 7 . 1 . 4 of the Applicant' s Handbook: Management and Storage of Surface Waters , ' must be submitted to the District for approval . Documents meeting the requirements set forth in these subsections of the Applicant's . Handbook will be approved . Deed rrestrictions , easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system , or upon r completion of construction of the system , whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities , final operation and maintenance documents must be received by the District when maintenance and operation of -- the system is accepted by the local governmental entity . Failure to submit the rappropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system . r9 . Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted ' use of site infrastructure located within the area served by the portion or phase of the system . Each phase or independent portion of the system must be completed in accordance ' with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity . 1 10 . Within 30 days after completion of construction of the permitted system , or independent ' portion of the system , the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law , utilizing As Built Certification Form 40C- 1 A 81 ( 13 ) or 40C- 1 . 181 (14) r supplied with this permit . When the completed system differs substantially from the permitted plans , any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District . Submittal of the completed from shall r serve to notify the District that the system is ready for inspection . The statement of completion and certification shall be based on on -site observation of construction ( conducted by the registered professional engineer, or other appropriate individual as authorized by law , or under his or her direct supervision ) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved ' plans and specifications . As- built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised ' specifications must be clearly shown . The plans must be clearly labeled as " as-built" or " record " drawing . All surveyed dimensions and elevations shall be certified by a ' registered surveyor. The following information , at a minimum , shall be verified on the as-built drawings : 1 . Dimensions and elevations of all discharge structures including all weirs , slots , gates , pumps , pipes , and oil and grease skimmers ; 2 . Locations, dimensions , and elevations of all filter, exfiltration , or underdrain ' systems including cleanouts , pipes , connections to control structures , and points of discharge to the receiving waters ; 3 . Dimensions , elevations , contours, or cross-sections of all treatment storage areas `' -- sufficient to determine state-storage relationships of the storage area and the permanent ' pool depth and volume below the control elevation for normally wet systems , when appropriate ; 4 . Dimensions , elevations , contours , finalrades , or cross -sections of the system to 9 Y determine flow directions and conveyance of runoff to the treatment system ; 5 . Dimensions , elevations , contours , final grades , or cross - sections of all conveyance systems utilized to convey off-site runoff around the system ; 6 . Existing water elevation (s) and the date determined ; and Elevation and location of ' benchmark(s) for the survey. ' 11 . The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition 9 above , the District determines the ' system to be in compliance with the permitted plans , and the entity approved by the District in accordance with subsections 7 . 1 . 1 through 7 . 1 . 4 of the Applicant' s Handbook : Management and Storage of Surface Waters , accepts responsibility for operation and r" maintenance of the system . The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective . Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity , if different from the permittee . Until the permit is transferred ' pursuant to section 7 . 1 of the Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be liable for compliance with the terms of the permit. ' 12 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required . 13 . This permit does not eliminate the necessity to obtain any required federal state , local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property , nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey ' any rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40C40 , F.A.C . 14 . The • permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . 15 . Any delineation of the extent of a wetland or other surface water submitted as part of the permit application , including plans or other supporting documentation , shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373 .421 (2) , F . S . , provides otherwise . 16 . The permittee shall notify the District in writing within 30 days of any sale , conveyance , or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located . All transfers of ownership or transfers of a permit are subject to the requirements of section 4010- 1 . 612 , F . A . C . The permittee transferring the permit shall remain liable for any corrective actions that may fbe required as a result of any permit violations prior to such sale , conveyance or other transfer. ' 17 . Upon reasonable notice to the permittee , District authorized zed staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. ' 18 . If historical or archaeological artifacts are discovered at any time on the project site , the permittee shall immediately notify the District . 19 . The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate . ' 20 . This permit for construction will expire five years from the date of issuance . 21 . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion , siltation ,, scouring or excess turbidity , and dewatering . 22. Prior to construction , the permittee must clearly designate the limits of construction on -site . The permittee must advise the contractor that any work outside the limits of construction , including clearing , may a violation of this permit. 23 . The must system be constructed y m and operated according to the plans received by the District on February 21 , 2002 , additional plans received on May 9 , 2002 , and as per revised sheets 11 , 16 , and 17 received on July 2, 2002. �F ` Notice Of Rights 1 . A person whose substantial interests are or may be determined has the right to request an + I administrative hearing by filing a written petition with the St . Johns River Water Management District ( District) , or may choose to pursue mediation as an alternative remedy under Sections 120 . 569 and 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sections120 . 569 and 120 . 57, Florida Statutes , and Rules 28- 106 . 111 and 28- 106 . 401 - . 405 , Florida Administrative Code . Pursuant to Chapter 28 - 106 and Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must be filed at the office of the District Clerk at District Headquarters , P . O . Box 1429 , Palatka , Florida 32178- 1429 (4049 Reid St . , Palatka , FL 32177) within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice ) or within twenty-one (21 ) days of newspaper publication of the notice of District decision ( for those persons to whom the District does not mail actual notice) . A petition must comply with Chapter 28- 106 , Florida Administrative Code , 2 . If the Governing Board takes action which substantially differs from the notice of District decision , a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above . Pursuant to District Rule 40C - 1 . 1007 , Florida Administrative Code ,the petition must be filed at the office of the District Clerk at the address described above , within twenty- six (26) days of the District depositing notice of final District decision in the mall (for those persons to whom the District mails actual notice) or within twenty-one (21 ) days of newspaper publication of the notice of its final 'agency action (for those persons to whom the District does not mail actual notice) . Such a petition must comply with Rule Chapter 28- 106, Florida Administrative Code . 3 . A substantially interested person has the right to a formal administrative hearing pursuant to Section 120 . 569 and 120 . 57 ( 1 ) , Florida Statutes , where there is a dispute between the District and the party reqarding an issue of material fact. A petition for formal hearing must comply with the requirements set forth in Rule 28- 106 . 201 , Florida Administrative Code . 4 . A substantially interested person has the right to an informal hearing pursuant to Sections - 120 . 569 and 120 . 57 (2) , Florida Statutes , where no material facts are in dispute . A petition for an informal hearing must comply with the requirements set forth in , Rule 28- 106 . 301 , Florida Administrative Code . 5 . A petition for an administrative hearing is deemed filed upon delivery of the petition ' to the District Clerk at the District headquarters in Palatka , Florida . 6 . Failure to file a petition for an administrative hearing , within the requisite time frame shall constitute a waiver of the right to an administrative hearing (Section 28- 106 . 111 , Florida Administrative Code) , 7 . The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120 , Florida Statutes , and Chapter 28 - 106 , Florida Administrative Code and Section 40C- 1 . 1007 , Florida Administrative Code . r Notice Of Rights r8 . An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property , has the right to , within 30 days of receipt of notice of the District' s written desision regarding a permit application , apply for a special master proceeding under Section 70 . 51 , Florida Statutes , by filing a written request for relief at the office of the District Clerk located at District headquarters, P . O . Box 1429 , Palatka , FL 32178- 1429 (4049 Reid St. , . Palatka , Florida 32177) . A request for relief must contain the information listed in Subsection 70 . 51 ( 6) , Florida Statutes . 9 . A timely filed request for relief under Section 70 . 51 , Florida Statutes , tolls the time to request an administrative hearing under paragraph no . 1 or 2 above ( Paragraph 70 . 51 ( 10) ( b ) , Florida Statutes) . However, the filing of a request for an administrative hearing under paragraph no . 1 or 2 above waives the right to a special master proceeding (Subsection 70 . 51 ( 10) ( b ) , Florida Statutes) . ' 10 . Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding ( Subsection 70 . 51 (3) , Florida Statutes) . 11 . Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373 . 617 , Florida Statutes , and the Florida Rules of Civil Procedures , by filing an action in circuit court within 90 days of the rendering of the final District action , ( Section 373 . 617 , Florida Statutes) , 12 . Pursuant to Section 120 . 68 , Florida Statutes , a person who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action . 13 . Aa p rtY to the proceeding before the District who claims that a District order is I nconsistent with the provisions and , purposes of Chapter 373 , Florida Statutes , may seek review of the order pursuant to Section 373 .114 , Florida Statutes , by the Florida Land and Water Adjudicatory Commission , by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 14 . For appeals to the District Court of Appeal , a District action is considered rendered after it r is signed on behalf of the District, and is filed by the District Clerk , 15 . Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs # 11 and # 12 , or for Commission review as described in paragraph # 13 , - will result in waiver of that right to review . r 1 ' Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice. of Rights has been ' sent by U . S . Mail to : FDOT 3400 W. Commercial Blvd , Fort Lauderdale , FL 33309-3421 at 4 : 00 p . m . this 17th day of July , 2002 . Division of Permit Data Services Gloria Lewis , Director -� St. Johns River Water . Management District Post Office Box 1429 Palatka , FL 32178- 1429 (386) 329-4152 Permit Number: 40-061 -82484- 1 r Ste Johns River Water Management District Kirby B. Green III, Executive Director 9 John R. Wehle, Assistant Executive Director • Mike Slayton, Deputy Executive Director John Juiiianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S. E. • Palm Bay, FL 32909 • (321 ) 984-4940 ' RECEIVED JUL 19 2002 ' VOLKERT & ASSOCIATES , INC . Dear Permittee : The District recently issued the enclosed permit. We would like to offer our assistance to insure that your project is constructed in accordance with the District permit. We will be glad to arrange for a representative from this office to attend any preconstruction meeting that you may schedule for this project. For planning purposes , we ask that you give us at least 10 days notice prior to the scheduled meeting. This will enable us to gather all necessary information regarding your permit. If no other preconstruction meeting is scheduled, you may arrange a separate meeting with only District staff. On ermlts where mitigation is ro osed- the permittee is required b condition to P g proposed-,� P 4 Y schedule a meeting with District staff. Therefore , please check your permit conditions to determine whether or not a preconstruction meeting is required. Please feel free to call Karen Boles at (321 ) 676-6616 to notify us of your preconstruction meetings , or to arrange a meeting with District staff. cc : file copy ' Consultant PDS -CI GOVERNING BOARD ' Duane Ottenstroer, CHAIRMAN Ometrias D. Long, VICE. CHAIRMAN R. Clay Albright, SECRETARY David G. Graham, TREASURER JACKSONVILLE APOPKA EAST LAKE WEIR JACKSONVILLE W. Michael Branch Jeff K. Jennings William Kerr Ann T. Moore Catherine A. Walker FERNANDINA BEACH MAITLAND MELBOURNE BEACH BUNNELL ALTAMONTE SPRINGS FORM Etv -I 4> 1 F.A . C. 41 F.0C. C. �. iNISSMSTORMWATER AS - BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL * PERMIT NUMBER : ' PROJECT NAME : INSPECTION DATE( S ) : - ' I HER ' EBY CERTIFY THAT ALL COMPONENTS OF THIS STORMWATER MANAGEMENT SYSTEM HAVE BEEN BUILT SUBSTANTIALLY IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND IS READY FOR INSPECTION . ANY ' SUBSTANTIAL DEVIATIONS (NOTED BELOW) FROM THE APPROVED PLANS AND SPECIFICATIONS WILL NOT PREVENT THE SYSTEM FROM FUNCTIONING IN COMPLIANCE WITH THE REQUIREMENTS OF CHAPTERS 40C -4, 4OC-414 OR 40C -42, F.A . C. ( AS APPLICABLE) , WHEN PROPERLY MAINTAINED AND OPERATED . THESE DETERMINATIONS HAVE BEEN BASED UPON ON- SITE OBSERVATION OF THE SYSTEM CONDUCTED BY ME OR BY MY DESIGNEE UNDER MY DIRECT SUPERVISION AND/OR MY REVIEW OF AS - BUILT PLANS CERTIFIED BY A REGISTERED PROFESSIONAL OR LAND SURVEYOR LICENSED IN THE STATE OF FLORIDA . NAME ( pleaserim) p SIGNATURE OF PROFESSIONAL COMPANY NAME -4 FLORIDA REGtSTRATION NUMBER COMPANY ADDRESS DATE 4 CITY . STATE, ZIP CODE r . TELEPHONE NUMBER (Affix Seal ) SUBSTANTIAL DEVIATIONS FROM THE APPROVED PLANS AND SPECIFICATIONS : ' ( NOTE: ,ATTACH TWO COPIES OF AS - BUILT PLANS WHEN THERE ARE SUBSTANTIAL DEVIATIONS ) - WITHIN 30 DAYS OF INSPECTION OF THE SYSTEM , SUBMIT TWO COPIES OF THIS FORM TO: ' DIVISION OF PERMIT DATA SERVICES ST, JOHNS RIVER WATER MANAGEMENT DISTRICT P. O . BOX 1429 ' PALATKA, FL 32178- 1429 A REGISTERED PROFESSIONAL IS DEFINED IN SUBSECTION 40C •42 .021 ( i ) AS " A PROFESSIONAL REGISTERED IN FLORIDA WITH THE NECESSARY EXPERTISE IN THE FIELDS OR HYDROLOGY . DRAINAGE, FLOOD CONTROL, EROSION AND SEDIMENT CONTROL, AND STORMWATER POLLUTION CONTROL TO DESIGN AND CERTIFY STORMWATER MANAGEMENT SYSTEMS". EXAMPLES OF REGISTERED PROFESSIONALS MAY INCLUDE PROFESSIONAL ENGINEERS LICENSED UNDER CHAPTER 471 , F.S., PRO SKILLS . PROFESSIONAL LANDSCAPE ARCHITECTS LICENSED UNDER CHAPTER 481 , F. S . , AND PROFESSIONAL GEOLOGISTS LICENSED UNDER CHAPTER 49Z. F. S .. WHO HAVE THE REFERENCED FORM %I 1 .11113 ) EFFF.C1'1VF; 121f9 } 1 _ FORM ENa6 ' 40C-4,2 F.A . C. r , STATEMENT OF INSPECTION REPORT ' PERMIT NUMBER : PROJECT NAME: INSPECTION DATE( S ) : STORMWATER MANAGEMENT SYSTEM INSPECTION RESULTS : : ( CHECK ONE) I HEREBY VERIFY THAT l OR MY AUTHORIZED AGENT HAVE INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT IT APPEARS TO BE FUNCTIONING ACCORDING TO THE REQUIREMENTS OF THE PERMIT AND CHAPTER 40C-429 F. A .C. THE FOLLOWING NECESSARY MAINTENANCE WAS CONDUCTED : 1 I HEREBY CERTIFY THAT I OR MY AUTHORIZED AGENTV HA E INSPECTED THE SYSTEM AT THE ABOVE REFERENCED PROJECT AND THAT THE SYSTEM DOES NOT APPEAR TO BE FUNCTIONING IN COMPLIANCE WITH THE . REQUIREMENTS OF THE PERMIT AND CHAPTER 40C -42 , F. A. C. I UNDERSTAND THE FOLLOWING : ( A ) THAT MAINTENANCE IS REQUIRED TO BRING THE SYSTEM INTO COMPLIANCE, AND ( B ) IF MAINTENANCE MEASURES ARE NOT ADEQUATE TO BRING THE SYSTEM INTO COMPLIANCE, THE SYSTEM MAY HAVE TO BE REPLACED OR AN ALTERNATIVE 'DESIGN CONSTRUCTED SUBSEQUENT TO ' DISTRICT APPROVAL. I WILL. CONDUCT THE FOLLOWING MAINTENANCE WITHIN 15 DAYS : r t SIGNATURE DATE . NAME ( please print) TITLE rCOMPANY/AGENCY NAME PHONE rADDRESS WITHIN 30 DAYS OF INSPECTION OF THE SYSTEM , SUBMITTWO COPIES OFTHIS FORM TO : ' DIVISION OF PERMIT DATA SERVICES ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ' P. O . BOX 1429 PALATKA . FL 32178 - 1429 Y ' IORM 4OC- 1 . 181 ( 161 EFFECTIVE )20 ) EN - 56 St. Johns River Water Management District -- Annual Status Report for ' Surface Water Management System Construction (Required whenever construction duration exceeds one ( 1 ) year) ' ST. JOHNS RIVER WATER MANAGEMENT DLSTRICT Post Office Box 1429 ' Palatka , FL 32178 - 1429 PERMIT NO , PROJECT NAME : PHASE : Control SVUCture( s ) % of Completion Date of Anti�i paced ate f Ccmple • on ! e Benchmark Description one . ( per major control structtue ) Surface Water AyIzt % o Co Works _— mO--- leuO—" Date of anticipated Date o let Lake( s ) comoleti on Ditch( es ) /Swale( s ) ExMir. Trench Dry Area( s ) B etm( s ) Print Name Phone r Perrruttee ' s or Authorized Title and Company Date Agent ' s Signature Address form 40C : 9= d ) EN - 57 ST , JOHNS RIVER WATER 1LANAGEMENT DISTRICT Construction Commencement Notice ST. JOFL tS RIVER WATER NL4NAGEMENT DISTRICT Post Office Box 1429 Palatka, FL 32178 - 1429 PROJECT : PHASE : I hereby notify the St. Johns River Water Management District that the construction of the surface water management system authorized by Environmental Resource Permit No , has commenced/is expected to commence on 1 199_, and will require a duration of approximately months weeks days to complete . It is understood that should the construction term < ts• -- extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction form no . 40C -4 . 900( 4 ) . PLEASE NOTE : If the actual construction commencement date is not known, District staff should be so notified in writing in order to satisfy permit conditions . 1 Permittee ' s or Title and Company Date Authorized Agent 's Phone Address _I Form No 4OC -4. 9=3 ) � APPENDIX ` B " � FINAL GEOTECHNICAL 1 � EVALUATION REPORT 1 1 1 1 1 i 1 1 1 ' ILA NODARSE, PE President . MICHAEL PREIM, P.E . r ' niorYice President O ARSE 6 R S S 0 C I H T E S , I N C . ' VIEL DUNHAM,PE It MASRI, PE Geotechnical, Environmental Geotechnics & Materials Engineering I IEL STANFI14 P.E . DAvID TWEii> u February 22 , 2002 SANDRAWINK CER ` Project No . P99-G-005 B Via Presidents ; J041Mr . Edward Brekhus , P . E . David Volkert & Associates , Inc . 3409 West Lemon Street k Tampa', Florida 33609 «. r i a> RE : Final Geotechnical Evaluation Report M Replacement of Bridge 884026 26' Street Bridge Culvert Over Range Line Canal and Roadway Improvements Indian River County, FL District Wide Bridge Emergency - District 4 FN 2308894 -52-01 Dear Mr . Brekhus : Nodarse & Associates Inc . is pleasedgeotechnicalto submit this final evaluation report i for the referenced project. The project consists of evaluating the 26th Street bridge culvert drainage and roadway xAl tt over Range Line Canal , gravity retaining wall structures , g y improvements , in Indian River County, Florida. Figure 1 in the Appendix, illustrates the project site . All figures mentioned in this report are in the Appendix . ay X11 + „ �5 Scope of Work t � # The following services were performed in general accordance with the proposed scope of work : f • Review of USGS and USDA maps of Indian River County , Florida • Site visit and field reconnaissance to observe existing site conditions • Layout of test locations in the field • Mobilize a truck mounted drill rig • .Perform field testing consisting of: - 3 Standard Penetration Test (SPT) borings for the bridge culvert evaluation - 4 SPT borings for the gravity retaining wall structures evaluation 1 - 4 Auger borings for roadway improvements 3 Exfiltration tests for drainage improvements • Visually classify the recovered soil samples • Perform laboratory testing on selective soil samples Prepare this geotechnical evaluation report ' 2448 METROCENTRE BOULEVARD WEST PALM BEACH , FLORIDA 33407 ( 861 ) 616 - 0870 FAX ( 361 ) 616 . 0871 e - mail : nodarse@nodirse .com f-, David Volkert & Associates , Inc . P99-G-005BAEWODARSE Paget - S ASS 0 C I ATE S , INC . USDA Soil Survey The USDA Soil Survey map of Indian River County , Florida , was reviewed for general near,,, surface soil information within the project vicinity . The USDA Soil Survey map , sheet No . 34 ` indicates that the primary mapping unit is Chobee loamy fine sand (2) . This soil is nearly level Y and very poorly drained . Typically the soil stratigraphy has a 6-inch layer of dark to dark gray loamy fine sand , underlain by layers that vary from black to dark gray sandy loam to sandy clay loam (SM , SM-SC/A-2-4) to depths of approximately 4 or 5 feet, followed by a gray to greenish gray layer of loamy fine sand (SC/A-2-6) to 7 feet, approximately . Included with this soil in mapping are small areas of Manatee loamy fine sand ( 15) and Winder fine sand ( 14) , where shell fragments may be encountered at a depth of approximately 7 feet . In undisturbed areas the groundwater depth ranges between approximately 1 or 3 feet for most of the year or deeper during dry season . Permeability is moderate . Laboratory Testing Program Soils samples recovered from the field were visually classified in general accordance with the Unified Soil Classification System (USCS) for the structural borings and in accordance with the AASHTO classification system for the roadway borings . The following laboratory tests were performed on select samples : Natural moisture content tests Organic content tests • Grain size distribution • Passing No . 200 sieve Laboratory test results are presented in the below tables and in the boring profiles in the Appendix . ' M Bridge Culvert j We understand that the existing bridge will be replaced by a " conspan" culvert with wing walls (Begin station 105 + 16 to End station 105 + 60) . For the bridge replacement , a total of three SPT borings were performed , two to 50 feet and one to 45 feet below existing grade . A boring location .d plan is provided in Figure 3 . i ' David Volkert & Associates , Inc . It P99 -G-005B - ILWODARSE Page 3 i BSS OCIATIS , INC . Subsurface Conditions The soils encountered in the SPT borings (June 2000) , were predominantly sands and sand with shell fragments . A layer of silty fine sand with trace of organics (5 % ) was found in borings TB-3 and TB4 , at a depth of approximately 5 feet Loose sands were then encountered to a depth of ' approximately 20 feet , followed by firm sand with shell fragments to a depth of approximately 27 PP � P PP Y Mot feet . Dense to very dense sand and sand with shell fragments prevailed to the end of the boring depth (50 feet) IF Groundwater depths (recorded in June 2000) ranged from 5 to 6 feet . We are of the opinion that the seasonal high groundwater level will be approximately 1 foot higher than the observed groundwater levels . The groundwater level , influenced by the canal stage should be considered 00 for the design . SPT boring profiles for the bridge culvert are presented in Figure 4 . Laboratory Test Results ' Laboratory test were performed on select soil samples of the SPT borings , TB- 1 , T -2 and TB-3 . Test results are presented in Table 1 and are also shown in the SPT boring profiles in Figure 4 . Table 1 : LaboratoryTest Results for Bride Culvert SPT Borings g g Boring Sample Moisture. Passing No . 200 Organic Content Soil Description No . Depth Content Sieve (%) (ft) M (%) 0 . 5 12 12 - Fill TB4 5 14 9 - SP-SM t 9 20 12 - SP-SM 13 23 10 - SP-SM k TB-2 21 16 2 - Sand with Shells 5 30 - 5 SP-SM TB-3 6 24 13 - SP-SM i 34 18 4 - Sand with Shells a David Volkert & Associates , Inc. P99 -&-005B Page 4 z R S DODARSE N c w Evaluations and Recommendations The results of the geotechnical exploration and evaluation indicate that the subsurface soils , at the location of the proposed conspan culvert structure can sustain an allowable bearing capacity of 2500 psf. For the . design of the wing walls , we recommend the designer to use the following soil parameters : Friction Angle , (degrees) 30 w • Saturated Unit weight, y, (pcf) 110 at • Submerged Unit weight , ysub (pcf) _ 47 . 6 z Active Earth pressure coefficient, K$ 0 . 333 • Passive Earth pressure coefficient, KP 3 . 0 : . w Fill around the culvert structure and wing walls should be sandy soil with a maximum amount of materials in soils passing the No . 200 sieve of 15 percent . Fill should be placed in maximum lift of , 12 inches and compacted to 100 percent of standard Proctor density (AASHTO T-99) . Y Gravity Retaining Walls We understand the retaining heights of the gravity retaining walls are on the order of 5 to 6 feet. Subsurface Conditions To evaluate the subsurface conditions at the wall locations , 4 SPT borings were performed to depths of 12 feet below existing grade . Wall borings were performed during the month of February 2002 . The soils encountered in the borings were mostly top soil (stratum # 1 ) , few inches , and fill (stratum #2) to a depth of approximately 5 feet. From 5 feet to the end of the borings a brown or gray slightly clayey to clayey fine sand stratum (stratum #3 ) prevailed . Groundwater depths (recorded in June 2002) averaged ed 7 . 5 feet below existing grade . Based ong our observations we are of the opinion that the groundwater level will be influenced by the canal stage and the average seasonal high groundwater level will be approximately 1 foot higher than the observed groundwater levels . Boring logs in Figure 5 , present the soil stratigraphy and the groundwater depths . r David Volkert & Associates , Inc . P99-G-005B MoW Page 5 a s : oODARSE x C . ,1 Laboratory Test Results { Laboratory test results are presented in Table 2 and on the gradation curves in Figure 8 . Table 2 : Laboratory Test Results 'for Wall Borings ti Boring Sample Moisture Passing No . 200 Organic Content Soil Description No . Depth Content Sieve (%) (ft) M (%} WB-2 5 15 I1 - SP-SC , SC 7 . 5 25 11 - SP-SC , SC WB4 5 . 5 23 12 SP-SC , SC y Wall Foundation Recommendations The results of the geotechnical exploration and evaluation indicate that the subsurface soils , at the location of the' proposed wall foundations can sustain an allowable bearing capacity of 2500 psf. For the design of the gravity wall , we recommend the designer to use the following soil parameters : The following soils parameters can be considered for the wall design : • Friction Angle , (degrees) 29 • Saturated Unit weight , YS82 (pcf.) 105 • Submerged Unit weight , Y .b (pcf) 42 . 6 • Active Earthressure coefficient,, K. 0 . 347 Passive Earth pressure .coefficient, Kp 2 . 88 L Site preparation for foundation construction should be in accordance with FDOT standard Specifications for Road and Design Bridge Construction . IL 1 .. David Volkert & Associates , Inc. P99-G-005B ODARSE Page 6 G A S S 0 C I R T E S , I M C . Roadway and Drainage Improvements For roadway improvements we performed 4 auger borings , AB- 1 to AB4 , to depths of 10 feet. Additionally , for drainage purposes , we performed 3 Exfiltration tests , in accordance with the South Florida Water Management District (SFWMD) Usual Open-Hole test method procedure . Subsoil Conditions 1 The soil encountered in the auger borings , during the field exploration in February 2002 , agree in general with the USDA soil description . The first two strata , approximately 0 . 5 feet and 1 . 5 feet deep were top soil and fill , respectively . Beneath these two strata , a layer of brown or gray sightly clayey to clayey fine sand layer (stratum # 3 ) prevailed to the end of the borings . Groundwater depths (recorded in June 2002) ranged from 5 to 7 feet . We are of the opinion that '."s the average seasonal high groundwater levelwill be influenced by the canal stage . Groundwater levels are subjected to fluctuate during the year as they vary from .season to season, year to year and are generally more adverse following periods of prolonged rainfall Roadway boring profiles are presented in Figure 7 . r .y Laboratory Test Results The laboratory test results for the auger borings , AB- 1 to AB4 are presented in the " Soil Survey Report" , Figure 6 . Gradation curves areresented .in Figure 9 . P g Drainage To evaluate the drainage conditions , a total of 3 Exfiltration tests were performed (February 8 , 2002) in accordance with the South Florida Water Management District (SFWMD ) Usual Open- hole test method procedure . Test holes were advanced to a depth of 10 feet . Table 5 , presents the calculated hydraulic conductivity K-values , from the test data . We recommend the designers apply the appropriate factor of safety to the K values . r s David Volkert & Associates , Inc. oil P99-G-005B ILE AW Page 7 y A : : 00DARSE N C . r . . Table 3 : Hydraulic Conductivities K-values Test Appx. Stations & Groundwater Inflow Q, Hydraulic Conductivity, K No . Offsets from CL Depth a (ft) (ft) (CES) (cfs/Mft head) EX- 1 104 + 80 , 55 LT 5 . 5 1 . 72 x 10-5 4 . 08 x 10-' EX-2 108 + 007 45 RT 7 1 . 42 x 10-5 2 . 95 x 10'' EX-3 111 + 00 , 35 RT 6 .5 1 . 56 x 19' 3 . 37 x 10-' Evaluations and Recommendations • Removal of topsoil and other organic soils should be accomplished in accordance with FDOT Standard index : 500 and Standard Specifications 110 and 120 . Backfill should consist of materials conforming with FDOT Standard Index 505 and compacted in general accordance with section 120-9 of the Standard Specifications for Roadt and Bridge Construction. • In accordance with Index 505 the clayey sand stratum #3 A-2-6) encountered by the auger borings AB-1 to AB -4 , inclusive , at an approximate depth of 1 . 5 feet should be removed . Additionally , soil designated as A-4 , A-5 , A-6 , A-7 and A-8 in accordance with the A . A . S . H . T . O . Soil Classification System should not be utilized as a fill material and - , should be removed (at a depth less than 4 feet) if encountered during construction . • Additional fill that may be required for subgrade construction should consist of well graded :u sand , sand and gravel or limerock , free of organics or other deleterious materials . f � David Volkert & Associates , Inc. P99-G-005B JEWODARSE Page 8 • 6 ASS O C f A T £ S . t N C . Closure Variations in subsurface conditions may occur between borings , and the nature and extent of such variations are usually not evident until construction is underway . Should there be any differing r subsoil conditions from the ones addressed in this report , Nodarse & Associates , Inc . should be notified immediately so that an authorized representative may assess the actual conditions and modify the recommendations presented in this report . We appreciate the opportunity to assist you with this project as your geotechnical consultant. Please call us , if you have any questions regarding the contents of this report. Sincerely Yours , NODARSE & ASSOCIATES, INC . Id Karin Chami , E . I . Kumar A . Allady ; P . E . Project Engineer Senior Geotechnical Engineer Florida Registration No . 52845 ,t 1 W:\OldServer\O1dServer\Projects\1999\P99-"05 B\Finalreport26thstreetbridge. wpd . . i .p 1 t . APPENDIX 4 FIGURE 1 : USGS Quadrangle Map of Indian River County, Florida t FIGURE 2 : USDA Soil Survey Map of Indian River County, Florida ' FIGURE 3 : Boring Location Plan s FIGURE 4 : Bridge Culvert SPT Boring Profiles $gipp FIGURE 5 : Gravity Retaining Wall Boring Profiles FIGURE 6 : Roadway Soil . Survey Report of Auger Borings FIGURE 7 : Auger Boring Profiles r ; FIGURE 8 : Gradation Curves of Gravity Retaining Wall Boring Samples FIGURE 9 : Gradation Curves of Auger Boring Samples 1 ---- --------------- ----- - - - r -� - - - - - - ----- -- - -- -- --- n i id nw II n II /9 • n I - to m ;• • it � n if In • ry/ ___ 1 v Y' pt rS 2 a am SSSaa • • • � i _ 1 u ----- - Trailer xis i - i ' Park <,': — _ • n n' n n 2 3 f n --- - - - II � I PROJECT AREA 'I Q n 2 � I i iii T II i II 1�^Il a l n _ nl u 1 r ��a amara Sa��a ecce--- -aazazc %p= SSa2 II I }I a a a •'m • a II B olveol- visp I p : o' no on n , , w . , n 6 , i ;I of 6 i it a • �: ' . :w Vero (U) a rl I I S n IIt �' • _ : : . '. � ' ,i :� j ® _ �?Ari i i • � •: : � • Oi til' - • 11 c= zar x2f =�a=��s . ; I 23 ■ 224 i _ _ _-- --_ _ _- - - z— _ — _ — _ - _ _ _ _ _ _ _ _ _ _ its f- = III • _ _-11 . • ' I i _ - n I i lip I re W 7 I • _ II II ii I I I 11 i ' II It - - - - --- - - - - --- - - -- Z�tlilt 111 p u I I I B REFERENCE : U .S . G . S . •'VERO BEACH , FLORIDA" QUADRANGLE MAP SECTIONS : 1 AND 6 ISSUED: 1949 TOWNSHIP : 32 AND 33 SOUTH PHOTOREVISED : 1983 RANGE: 38 AND 39 EAST VICINITY MAP . REPLACEMENT BRIDGE 26th STREET BRIDGE OVER ORANGE LINE CANAL INDIAN RIVER COUNTY, FLORIDA DRAWN: TA -- x•., CHKD: , KC SCALE: of A R s it 1 = 2000 rx PJ S S Der 27 :"Z S ; z r c , I� DATE PROD. N0: I — —! 2 - 15- 02 P99- G - 0058 FIGURE:FIGURE: 1 �. k ; ; i "•.7' . � k f �t1,�iL=ptj+ 'jI�(.jI � , ar� - ,�.. . I��•} € i ��nE �.:.« 4• � t s x , •- K� J" 1 - j• �^ �p lr ` r t • �' . .f a , u. - � •. r -- !t' ' �. s r K JrrW Rr% s'R 16=• r!['•� t,,,•tit d`y�i ~' �'��- a 3 R2 i y:. tai r �:. '�a y�+ �` �. t_} .>�, ` S fr— If 14, iM+.iliE. r� 1 y T 1Zr Rr t .. 1 . Ire J Ay 14 ?" MLS, 1 i� �� �+'}I•, ^'+xll " !� �[• o, f n . + 1 :, �" ` 1 + If" _ ' ♦ t 1^ • �.to . L .y TI,,lp3R + . try 14 t'�'� ^+ � � 1 '� � Jai Y=L �+�dc r7�£ -:�1 + f JXy � y� � Ix� �• r C�`�. INA: TI tow - .• . C I t•- F � ♦ � "tt°J' �' tr f, din ` _ '' i :Y'��t . 1 •. . i .1 .' i i- .ly 1 �trt+ Y`r 1 i+ ft J • A4 Y � �� �� � t JS �� + ls '.•Yt - 4 .y3.'f. �l ft 7 ^' 'iw 'dam+ 31• t . - t rl ['3'' t _ 'C Y �h.; 4 .+�i '. itAI,MAI I r -. IV, e ' , « + w i*�f1r. .Z$ TYL irk• « T r.y.z 9+% lfi tw , . j, All " R PROJECT AEA�� .. T s1L"�£14 \ .� h . d9 L.. fn'i'r, t' f 3 v !k'6 !f r• C rt } Y l ! syd {{ v ! i S ' : ,• Sri , t b il.. �}�,e;..�.v.Y �.. � -aX ''jF 1 . '� '1r+)tF 'F e , ...• '_3'{ :-. ' . ^moo _ . lt .ki: .. � �� •. '°�J ±'Y'.ynY� � s..1: \ r t�9 .'Y•n iTr �J� .� i 't1 -. .:, :. t �Sh + -..;� T ♦ �t l �'t _ J j Rs. rA � !t y�JJ �n ' :,.,1 �+' � ,-. wou.i 4 � x `17 rrt t r �'iL+, f.'•�.y A-1 �'�.J n ' - I i/ --- ' vfi +frll r ) 'p', fir • - is j ' l{�Mli � r {�y ,5 , , _ r t . ' 1f136 , tt G }zl � tom' i ,•s '= p�*"1t tir rr,> 1j�1 ,\ If + t . . t A 7+' � _ . ..t • .li ' 4 , : + \i,•• ly �'1 Yto L+"�� v 7 JF �y�5 I .t '' J } i-A t t , • ✓1 . . :. tlllo shat eltrs- '.s .� UIT Ill . . • .All , r f"1 t fe v� d- , J; 1 10. +, r , ' to 19 S ^elm > � - B • s >T-' rvi 1A 14 rlz REFERENCE U . S . D .A. - S . C . S . INDIAN RIVER COUNTY, FLORIDA SOIL SURVEY SECTION : 1 AND 6 ISSUED : JANUARY 1987 TOWNSHIP : 32 AND 33 SOUTH RANGE : 38 AND 39 EAST M1 SOILS MAP REPLACEMENT BRIDGE SOIL LEGEND SOIL STREET BRIDGE OVER ORANGE LINE CANAL INDIAN RIVER COUNTY, FLORIDA 2 CHOBEE LOAMY FINE SAND DRAWN: TA � .� CyKD: KC SCALE: 0 D A IF, s � 1 = 2000 1 ASS OCIPTESo 7 � ',t DATE 2 - 15- 02 PROJ. N0. P99 - G- 0058 FIGURE: 2 I+ 17 LEGEND - '• (��; _ ;�TTTTTT{j SAND sltn SAND - - (SP) UNIFIED SOL CLASSIFICATION GROUP . STMBOL BORING No.: T13-7 - -i GROUNDWATER DA STATION 104+BS - - - BORING Mo.: TS-2 BORING No.; TB- 1 - 6—IS—D (DATE OF READING) STATION: 105+40 OFFSET 10.0' RT. STATION; 105+95 OFFSET: CENTIIGINE OFFSET. 10.0' LT. - — W.24 - NATURAL MOISTURE CONTENT (i;) 200.13 FINES PASSING No. 20 SIEVE (Z) . D - N N • N - OC.5 ORGANIC CONTENT (7.) 4 w12 �� - BROWN SUM41LY SLY FINE SAND WITH 2OO_I2 4 SHELL FRAGMENTS 9 BROWN SLIGHTLY SLY FINE SANG WITHAlp A. 5 005 4 - DARK CRAY SLY FINE SAND YIIIHI - M�14 6 SHELL FRAGMENTS (FILL) (SP—SN) ?: . - —206=9 • . STANDARD PENETRATION RESISTANCE IN Z 3 _ , TRACE ORGANICS (SP—SLI) - - AIR 5 - _. ,. OINK BROWN SLIGHTLY SILTY FINE SAND - I - - 6-39-00 - (5p_g1) 5 - N BLOWS PER - OTHERWISE f & i_ mmmmm 6-16-00 - 2poll . - NOTED wAll - 10 2DD 13 3 - W.20 5 50/5' . NUMBER OF BLOWS (50) REQUIRED TO WATER 200. 12 10 ORIVE SAMPLING SPOON (5) INCHES ommommmom�i .. 3 - 4 - CRA7 SLIGHTLY SILTY FINE SANG " STANDARD PENETRATION TEST DATA - _ Allp Plop (SP—SM) MAY SLIGHTLY S6,Y FINE SAND 4 W.27 '4 (SP-SM) SPOON INSIDE D0. 1 3/B IN. 15 3 % GRAY SLIGHTLY SLY FlNE SAND 200. 10All SPOON OUTSIDE Duk 2 IN. - . ; (SP-91) 4 15 - - ASTM STANDARDDROPSAFETY HN/MERAllp - i CN.+Aij 6 . .5 5 AVIN G EHAMMER CROP f x 20Ann 30 N. i —w. 16 5 HAMMER wEwwr . i4G Les (^? C to x00.2 FL AmpGRANULAR MATERIALS Allp9 SPE + 3 25 ' ' - _ RDEER_SITY _ - (BLOWS .> - 12Allp 25 - VERY LOOSE ( 3O 50/5' All A.: _ LOOSE 50/4 , 52 - MDENSW DENSE LF55 THAN 30-50 S, AllX50/5' : . BROWN FINE SAND WITH SMELL BROWN FINE SAN° WITH SHELL 0 Allp p, m45 VERY DENSE GREATER TWIN D mit b r (SP) - 55 41 SILTS AND CLAYS ' 35 -200 B4 45 S8All* _ SPT ) All, _ _ 4S , . CONSISTENCY .(BLOWS/FT. ammommmom 35 80 . - - VERAll 48Y SOFT THAN 2 (SP son 2-4 40 52 mAmm FIRM 4-8 Allp .. yAll . . 51 STIFF - . . BROWN FINE SAND WITH SHELL LESS 48 B 15 +1 ' - ,42 - _ !IABD STIFF THAN 0 < _ .. 5:. 50 40 . . •. . . . :.. 45 - 52 - NOTES no' _ _ 1 mmmp GREATER u. ' AND - 50ARE APPROXIMATE BORINGTERM. RTµO 3405.0' 58 - _ 45 .1) . . RE BOUNDARIES SOI LAYERS AT EACH TEST HOLE I L:;i " - 61 . . - - : LOCATION ONLY. SUBSURFACE VARIATUM BETIYEEN BORINGS SHOULD BE ANTICIPATED t SO 74 :'}. . - - AS INDICATED IN SECTION 2-4. FOR FURTHER r : BORING TERM. O 50.0' - - �]4 5O - DETALS SEE SECTION 120-3. S CASING TO 30.0' - BORING TERM. O 50.0' . - - - CASING TO 30.0' 2) BORING STATIONS AND OFFSETS ARE APPROKIMATE DETERMINED ETERMINED SCAUNG FROM 3) 90RNG STATIONS ARE REFERENCED FROM - - - . , . . . . - CENTERLINE OF .CONSTRUCTIDN OF 26%. - L STREET: - i L ENVNONMENTAL CLASSIFICATION:' SUPERSTRUCTURE: SLIGHTLY AGGRESSIVE- . - _ SUBSTRUCTURE- STEEL' MODERATELY AGGRESSIVE An Li I iotis CONCRETE MODERATELY AGGRESSIVE - e ZE N �^ N TA I-ISII9-01% STAT£ OF FLORDA mREPDRT OF SPT - BORINGS FOR BRIDGESFNI u DEPARTMENT OF TRANSPORTATION N/A P REPLACEMENT OF BRIDGE 884026 - - a N A N/A DARSE WMew mvnr w+Waa AAoma 26Th. STREET BRIDGE OVER ORANGE. UNE CANAL . A~ by RGOA9i MAAA rl. ' � � 6si6YE t. Inc. - ULWSL il. m. . INDIAN RNER 23°889-1-52-01 INDIAN RIM COUNTY. FLORIDA . - - NODARSE No• P99-G-00.58 FIGURE 4 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! • BORING No. WS-1 - - - - STATION: 108+00 107+50 - - LEGEND - - - OFFSET: 20.0' LT. - 20.0.' LT. - SAND - - O - N - N .. CLAYEY -SAND TR FINE SAND WITH ROOTS AND 0 71 - _ 11 TRACECE UNIFIED SOIL CLASSIFICATION GROUP OF ORGANICS (TOPSOIu - . - (SP) SYMBOL GRAY OR BROWN FINE SAND (ELLE) 8 _ GRAY OR BROWN FINE SAND (FM.L) 2-9-= . GROUNDWATER (PATE OF READING) :i. S 10 jY 9 2• 0D=11 11 S+ W.21 NATURAL MOISTURE CONTENT (S) DARK GRAY TO CRAY SLIGHTLY CLAYEY 2-g 3E 9 .. DARK CRAY TO CRAY SLIGHTLY CLAYEY 200.22 FINES PASSING . No. 200 SIEVE (R) 2-8-02 9 +% TO CLAYEY 'FINE SAND WITH TRACE OF 8 r TO CLAYEY F14E SANG WITH TRINE to 9 ' SHELL (SP-SC) s0) SNEFROMNi (SP-SC) (SC) lu zooI1 a 10 tD _ p STANDARD PENETRATION RESISTANCE w - BORING TERM. O 12.0'. " BORING TERM. O 12t.01FOOT ' - SLOWS PER 15 . . NO CASING NO CASING . 15 STANDARD PENETRATION TEST DATA - . . . . SPOON INSIDE DW 1 3/B IN. . . . . - - SPOON OUTSIDE . DIA 2 IN. �1ASTM REFWaHIAR OPDROP SAPLTt�ER X... HAMMER WEIGHT 140 LBS. -. n LD'�B GRANULAR MATERIALS . - RELATIVE SPT DENSITY (BLOWS-) ) I a VERY LOOSE LESS THAN a . LOOSE 4-10 MEDIUM DENSE - .10-30 Q : BORING NL- WB-3 - DENSE 30-50 OFFSET. 110' LT 11100+50 VERY. DENSE GREATER THAN 50 _ OFFSET: -20.0' 1T• - - 20.0' LT. _ SILTS AND GUYS CONSISTENCY (BLOWSY O N BROWN FINE SAND WTH HOOTS AND N , p VERY SOFT LESS .THAN 2 •T :sem TRACE OF ORGANICS (TOPSAAJ - 9 ` GRAY OR BROWN FINE SAND (FILL) - SOFT 2_ + FIRM 4-8 -15 5 6 _ w z3 _ DARK CRAY TO CRAY SLIGHTLY CLAYEY 20012 Y . . _ _ 30 F{C VERY STIFF 15-30 5 TO CLAYEY FINE SAID. WITH TRACE OF . 8 DARK GRAY TD GRAY SLIGHTLY CLAYEY S HARD GREATER THAN ..� 2 B 'l SHELL (SP-SC) (SC) - _ y fi`, - TO CLAYEY FINE SAND WITH TRACE DE - NOTES:' z-B-ez 11 . {. B-e-D2 a SHELL (SP-SC) (SC) BOUNDARIES _ ip D I1. jt 10 -1. 1) PRESENT SOIL LAYERS AT ROXIMATE EACH TEST HOLE y 11 .. I 10 •• - - 10 :r - - - LOCATION ONLY. SUBSURFACE VARIATIONS BORING T�:RLL O 12.0' - 'BETWEEN BORINGS SHOULD BE ANTICIPATED + , . BORING TERM. O 12.V - - AS INDICATED SEE SN SECTION 2-4. FOR FURTHER ' 15 NO CASING - NO CASING 15 . . 1 1 2) AND HAVE BORING STATIONS AND OFFSETS ARE APPROXIMATE SITE PLANS. EEN DETERMINED BY SCALING FROM 3) BORING STATIONS ARE REFERENCED FROM 1 . CENIERLNE OF CONSTRUCTION OF 281h. STREET. 1. RE'v + ON .YM tid . am L94 SN MG 2-19-02 STATE OF FLORIDA - - REPORT OF SPT BORINGS FOR WALLwt K to No. RASA= Nz � . 9 .tliss DARSE�. Iol9 NA DEP £MOF SPORTATION �1 P�P +•n REPLACEMENT OF BRIDGE 880026 _ TRAIN - 26N. STREET BRIDGE OVER GRANGE LINE CANAL .. UMM Ir 9174 _ _ . .. 1NDMN RIVER COUHTY. . FLORIW_ . . NODARSE No. - P99—G-00.58 FIGURE: 8 STATE OF FLORIDA DEPARTMENT . OF TRANSPORTATION r MATERIALS AND RESEARCH CROSS SECTION! OF SOIL SURVEY ' REPORT OF TESTS I PROJECT NO.: 270869-i -52-01 . . - - - DATE OF SURVEY: JANUARY AND FEBRUARY 2002 . . Rob �• - MECHANICAL ANALYSIS SURVEYED BY: NOD4RSE x ASSOCATM INC DISTRICT NO.: 4 I SVBMRTED BY: FOUMD S. MASRI. P.E. - SURVEY BEGINS 104+80 (MPROXfiAATM SURVEY ENDS 111 +05 APPROXWATELY H DATE REPORTED: . FEBRUARY 2002 CONSTANTS MATERIAL 3 PASS NO. 40 SIEVECLPSSRE IBST � —1 {( i rlCATI S'1RAlUY LBR X PASSING X PASSING X PASSING X PASSING X PASSING 00610 PLASTICITY ORGANIC : NO. RBR NO. GRAD. No LL-PI NO ORGANIC NO. VALUE - 10 MESH 40 MESH . 60 MESH 100 MESH 200 MESH LIMB INDEX CONTENT TESTS TESTS TESTS CONTENT CLASS CROUP MATERIAL DESCRIPTION PH RESLSIMTY CHLORIDES SULFATES OEBA-CM PAY. PPM CONCRETE STEEL BROWN FINE SAND WITH ROOTS .AND TRACES . OF ,DRGANKS (TOPSOIL) 2 GRAY OR BROVVNflNE -SAND (FlLL) 3 , 87-100 - - 76-91 - SB-85 34-37 11- 10 - - . . — — - — 5 A_2-6 DARK GRAY TO GRAY SLIGHTLY CLAYEY TO - - - CLAYEY FINE SAND WITH TRACE. OF SHELLS E � - I _ : _ 1)NOTSTRATA BOUNDARIES ARE APPROXIMATE AND . REPRESENT R SOIL STRATA AT EWT TEST HOLE LOCATION DO ONLY. y tq ANY STRATUM CONNECTING STRATUM UM ES THAT ARE SHOWN ARES B BETWEEN EANHWOUL ONLY AND DO NOT INDICATE AIN SE STRATUM LIMOS. SUBSTIRFDET ILS SEE S 6 N 12 BORINGS SHOULD BE ANTICIPATED AS I 3 - f INDICATED IN SECTION 2-4. F'IXt FURDVR DETAILS SEE SECTION 120-7: - - - - 2) WATER TAKE SK" AS 3E WHERE ENCOUNTERED AT TIME OF .SURVEY. GROUNSHOWN AS DWATER NDT ENCOUNTERED - . - . . j 3) , . REMOaI OF .YUCK AND PLASTIC MATERIAL OCCURRING WITHIN ROADWAY SHALL BE ACCOMPLISHED IN - - _ ACCORDANCE WITH INDEX NO. 500, LNLESS MWERWISE SHOWN ON THE PLANS, AND THE. MATERIAL UTILIZED IN ELIBANKMENT -CONSTRUCTION SHALL BE N ACCDROANCE WITH INDEX SOS . 4) SOK ANALYSIS INCLUDES DATA FROM ROADWAY AREA. - - - 5) . THE SYMBOL REPRESENTS AN UNMEASURED PARALVER. - - - 3 Lr : R VI SONS xns - uwv N0 nwa NNc 2-Ia-o2 STATE OF fZORlC34 REPORT OF ROADWAY SOIL SURVEY 'mom ANY IR 2-1t-D2 DEPARTMENT OF TRANSPORTATION �m ..e No. b N/A - N/A Xmas RSEt. wao ,n munr mwu ACAvn 2REPLACSTREENT OF ET BRIOGEDGE OVER 84026 0RANGE LINE CANAL INDIAN RIVER RIVER COUNTY, .FLORIDA.._ Na P99-G-0058 FIGURE 6 f. a Ic a x p� BORING Na.: . AB-1 AB-2 'AS-3 STATION. 104160 106+65 . 106+05 Iti +OS - OFFSET: 55.0• LT. 40.0' ITT. Yt0' RT. 35.09. RT. LEGEN.Q O 1 1 BROWN FNE SAND WITH ROOTS AND TRACES - 2 - - 2 2 i OF ORGANICS (TOPSOC) 2 GRW OR BROWN FINE SAND (FILL) 3. 5 = 3 2-B-2 3 3 3 DARK GRAY TO GRAY SLIGMLY CLAYEY TO .R2-6-62 2 3 . . CLATET FINE SAND WITH TRACE OF SHELLS - 10 . . (A-3) . AAS.ILT.0 SO0. CLASSIFICATION GRWP - I . . - SYNBOL AS OETERMNED BY V6WLL EXAMINATION - = EREADING RED GROUNDWATER LEVEL WITH DATE 2 B-2 DFF BEAONC i i 7lOff5 AND HAVE G STATIONS ION DETERMINED OFFSETS BY EPRO APRONh . . .. SITE PIANS. .. . . . _ . . . , 2)! . BORING STATIONS ARE REFERENCED FROM CEWMNE OF CONSTRUCTION OF 2M . STREET. 1. R VI ION _ - r Sir DEPARTMEM OF TRANSPORTATION REPORT OF ' AUGER BORING FOR ti 5032 DA ROADWAY T77 - _.. . . . . . _ N/ ALWoA SE Aolob 4lowlr /rwwa gnKpn REPLACEMENT OF BRIDGE IBB4026R - _.. ._ . . e.R 26tH. STREET BRIDGE OVER ORANGE LINE CANAL . A�Mb tawz �An Ft La x. gin . . .. NbAN. RIVER . . __ . c _-- 270669-T-52-DI - _ . .. ... INDIAN RIVER-CDU1TiT; FLORIDA _._.. ..._ . ... .. ... ._ _ P99-G-o= FIGURE• 7 1150' 74th Ave. R/V - I II r 1 I 1 I 100`. Canal R/V - .I .I a _ I IIW2a I I I '1 " W u I. I I I . BEGIN BRIDIE CUL4/EQ� - I 1 I S AB- 1 i 1 STA. 105+16p0 ( END BRIDGE CLAV RT �•+ I J _ ] I � . L 1 ' STA. 105+60.00 ' I 1 : CONC. BARRIER VALL - j _ 1 . \I _ WB- 1 - - - - - - - -- - - . . - - - - - - - -- - - - -- - - - - - - - - - - - - - - - r , / c - - -- - -- - - - - - - - - -- - - - - - - - - - W9-2 I f _ - 04 1 - - - - - - - - - - - _ 105 « _ .. _ 1 T9_ t 6 107 1 lOB _ BEGIN EXIST G PTg_p 1 215 - - -.- - - - - - - - I : s•= END EXIST, BRIDGE 26th ST. _ 216 I TB-3 - - - - - - - - -- - - - - - 1 - - - - - U - 26th STREET J - - � 1 . . 1 . _ _ _ _ . . - 1 SURVEY---� _=.===c==c �T 33 - - - - - - - . . . . . . . . - . _ . - . - . -. - . _ . _ . _ . . . . . . - - 1 - - - - - _ . . , 1 j - - Existing Ditch T'— OHNE -1-. g . - _ - - - � L _ - - - - - - -- / C1 / - - - -- - - - - - - - - AB-2 --. - - - - - - - - - - - -- - B 1 . - : -- - - _ 1 _ S ` BARR; R . � . - - - PROPOSED PIPE - - - - A9-3 - - - - c 1 a WALL . . .. . . . . . . - - - - - CA,JALV . . h . � \ 100' Canal R/WI ' - - - - - - -. .... . . . -- - - - - - -1/074 th Ave. R/V \\ \ t j ! t �' C - - - - - - - - - - HO - - - RIZONTALSCALE 14 FEET IWB-3 tI. , W9-4 - - - " TYPE F C L G 109 1110 111 12 113 1FQENO s 26th STREET APPROXHMTE LOCATION OF PENETRATION TEST 90111 HIT STANMRD LLL _ - - -- - - - - - - - - - - - - - - - - - — — _— ._ .. . . . . . —. _ _ _ _ _ _ _ - - _ — _ - - _ _ _ _ - - - - _ — - - _ — _ _ . _ _ RI GXINATIC IAGTON OF AUGER - Existing .Ditch — : . . ' . ; AB— 4 ' _ - PROPOSED PIPE PROPOSED —MES _ — • — — — II a w w . 2- Ig-02 STATE OF FLORIDA BORING LOCATION PLAN is 2"1"2 - - DEPAR77AEW OF TRANSPORTATION Na N/A N/A ODARSE inu'w. mm rrwoa Aoivn REPLACEMENT OF BRIDGE 864026 anMM HA •N/A - .� si i. aIis Ts �. isi. Al..r.r !• raw s ww. •i _ 261h. STREET BPoOCE OVER ORANGE LINE CANAL ltp� "c fns - -' MORN RIVER 2TOBE9-L-52-0i INDIAN RWER COUNTY. 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