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HomeMy WebLinkAbout2004-103 1 1 � LoR��A 1 ' CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 4th STREET WIDENING FROM US 1 TO WEST OF OLD DIXIE PROJECT NO . 9205 - BID NO . 6028 1 PREPARED FOR ' THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA CAROLINE D . GINN , CHAIRMAN ARTHUR R . NEUBERGER , VICE CHAIRMAN COMMISSIONER FRAN B . ADAMS 1 COMMISSIONER THOMAS S . LOWTHER COMMISSIONER KENNETH R . MACHT 1 TIMOTHY ROSE CONTRACTING , IiNdC , TIMOTHY ROSE , PRESIDENT 1 JOSEPH A . BAIRD , COUNTY ADMINISTRATOR 1 JEFFREY K . BARTON , CLERK OF COURT WILL COLLINS , ESQ . , COUNTY ATTORNEY TERRY B . THOMPSON , P . E . , CAPITAL PROJECTS MANAGER i 1 ' 00001 - Project Title Page 00001 - 1 F : \Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00001 - Project Title Page . doc BOARD OF COUNTY COMMISSIONERS Public Works Department ' Capital Projects Division 1840 25TH Street, Vero Beach, Florida 32960 Telephone : (772) 567=8000 FAX: (772) 9784806 1 giVER t Z y � . 0 OR1�A ' ADDENDUM NO, 1 TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 4th STREET WIDENING FROM US 1 TO WEST OF OLD DIXIE INDIAN RIVER COUNTY PROJECT NO. 9205 INDIAN RIVER COUNTY BID NO. 6028 ' February 23, 2004 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM sets ' forth change and/or information as referenced and are hereby made a part of and should be attached to the subject Contract Documents . ' Note: All Addenda shall be acknowledged on page 00310- 1 of the Bid Form. ' CONTRACT DOCUMENTS AND SPECIFICATIONS Section 00310 — Bid Form , Page 00310 -5 , Bid Item 999 , Record Drawing Delete this item from the Bid Form. This item is already listed on page 00310-3, Pay Item 108- 1 . Pay Item 108- 1 shall remain. APPENDIX ' Insert the attached FEC agreement dated June 24, 2003 in the APPENDIX of the Contract Documents. ' DRAWINGS ' Replace "4th Street Details " Drawing Sheet Number 22 with the Attached "4th Street Details " Drawing Sheet Number 22 marked Addendum No. 1 . ' ADDENDUM NO . 1 Page 1 of 2 ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\Addendums\Addendum No . l .doc DRAWINGS ( CONTINUED ) ' Delete Pay Item Footnote102- 1 on Sheet Number 5 of Drawings and replace it with the following: ' 102- 1 : INCLUDES TEMPORARY PAVEMENT, TEMPORARY PAINT STRIPING ( PLACEMENT AND REMOVAL ) , BARRIER WALLS , VERTICAL PANELS , ATTENUATATORS , SIGNS , CONES , BARRICADES , WARNING LIGHTS , FEC FLAGMENIWATCHMEN ' ($500 . 00/DAY) FOR WORK ADJACENT TO FEC RIGHT-OF-WAY IN ACCORDANCE WITH FEC AGREEMENT , FLAGMEN AND ALL OTHER ITEMS REQUIRED FOR THE MAINTENANCE OF TRAFFIC , ALSO INCLUDES PROVIDING FOR ADEQUATE AND PROPER DRAINAGE DURING THE PROCESS OF THE WORK. PREBID CONFERENCE FRIDAY FEBRUARY 13 2004 A copy of the minutes to the February 13 Pre-Bid conference is attached. A copy of the sign -in sheet is also attached. Listed below is a response to a question asked at the meeting that could not be ' answered at that time . • Will the Contractor be responsible for paying for the Florida East Coast ' Railway ( FEC ) flagmen required by the FEC? ' • Yes , the Contractor will be responsible for paying the $ 500 /day fee for an FEC flagmen/watchmen . The Contractor will also be responsible for calling and scheduling the FEC flagmen /watchmen in ' accordance with the FEC agreement contained in the Appendix of the Contract Documents . ' ADDENDUM NO . 1 Page 2of2 ' F : \Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\Addendums\Addendum No . l .doc f LICENSE AGREEMENT 11 -- � - i THIS LICENSE AGREEMENT , effective as of the 24th day of June , 20031 is between the FLORIDA EAST COAST RAILWAY, L. L. C . (Address : P . O . Drawer 1048 , St . Augustine , Florida 32085 ), a Limited Liability Company, hereinafter called "RAILWAY" and ' INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called "COUNTY , " WITNESSETH : That the RAILWAY, in consideration of the covenants and conditions hereinafter set ' forth to be performed and kept by the COUNTY, hereby permits the COUNTY to construct, use, maintain, repair, renew and ultimately remove an at- grade public road crossing across and over ' the tracks, right of way and property of RAILWAY, at the RAILWAY' S Milepost 229 + 3 , 982 ' , ' more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE" : ' The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces ' and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done ' by RAILWAY as provided in this License Agreement ("Agreement") and further provided that ' notwithstanding rights to the COUNTY granted herein, RAILWAY reserves the right to perform ' all work required on RAILWAY ' S property including construction, drainage, lighting and vegetation management, in which event COUNTY shall pay the RAILWAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. Page 1 The status of the COUNTY is that of a licensee and not lessee, granting the COUNT TTY the right to use the CROSSING SITE as specified herein. In consideration of the granting of this Agreement by the RAILWAY, the COUNTY covenants and agrees with the RAILWAY as follows : 1 . The CROSSING SITE shall be used for public at-grade road crossing purposes only and no utility, including telecommunications facilities, pipes, wires, cables ; or other line or structure shall be placed in, on or over the CROSSING SITE without the previous consent in writing of the RAILWAY. COUNTY further agrees that it will at all times keep the CROSSING SITE, together with the additional portions of the RAILWAY' S right-of-way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the COUNTY and without cost to RAILWAY or lien upon RAILWAY ' S property. 2 . This Agreement is for an initial term of one ( 1 ) year and shall continue in effect thereafter from year to year, subject to termination by the RAILWAY or COUNTY upon sixty (60) days prior written notice. 3 . COUNTY shall pay an annual license fee in advance to RAILWAY of $5,600. 00 (Five Thousand Six Hundred Dollars), for use of the Crossing. The license fee shall be increased each year on the anniversary date of this Agreement, commencing on the anniversary date of the second year of this Agreement, by the product of the annual license fee in effect for the preceding year multiplied by one hundred percent ( 100%) of the percentage increase, if any, in the Consumer Price Index, ( 1967= 100) , issued by the Bureau of Labor Statistics of the U. S . Department of Labor ("CPI"), or 3 %, whichever is greater. The base CPI will be the CPI for the Page 2 ' month of the year preceding the applicable anniversary date of this Agreement by ninety (90) ' days . No adjustment will be made for decreases in the CPI. 4 . The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the CROSSING SITE, and in the event the COUNTY shall fail to comply with any ' of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not ' limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so . 5 . The COUNTY shall grant forthwith to the RAILWAY necessary permits for the installation, construction, erection, repair and maintenance of any of the RAILWAY-owned or ' maintained facilities described in this Agreement . If the COUNTY fails to promptly grant the ' RAILWAY necessary permits , COUNTY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including costs due to slow ordering of trains . COUNTY shallrom tlYP Y a such amounts upon billing by the RAILWAY. P P ' 6 . Unless otherwise specified, the cost of installation, construction, maintenance and replacement of all facilities at the CROSSING SITE, including but not limited to the crossing ' structure and railroad and highway devices whether performed b the COUNTY or RAILWAY � Y � P Y shall be the sole responsibility of the COUNTY. 7 . The RAILWAY shall install the warning devices, including the fixed signs , flashing lights , bells and gates (collectively the "WARNING DEVICES ") , at the CROSSING SITE at the ' sole cost of the COUNTY. The WARNING DEVICES are a Type IV Class III installation as ' defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C . Installation costs are estimated to be $ 284, 960 . 00 as Page 3 shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, COUNTY shall pay unto RAILWAY annually the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation ' s SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES , as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference . The WARNING DEVICES will be owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are imposed which shall eliminate or substantially change their operations . 8 . The RAILWAY shall replace the existing 44 ' wide Type T-modified grade crossing structure with a 112 ' wide Concrete grade crossing surface (the "SURFACE ' ) along with other improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No . 560, as may be amended, at the sole cost of COUNTY. Installation costs are estimated to be $ 134, 680. 00 as shown on the estimates for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY determines that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE with a comparable or I mproved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the COUNTY. The COUNTY shall , at its sole expense, maintain and replace the remainder of the road inside the RAILWAY ' S right-of-way, plus any paving which may be located Page 4 ' between the ends of the ties . The RAILWAY shall provide a construction watchman at said CROSSING SITE while work is being performed by the COUNTY under the provisions of this Agreement, at the sole expense of the COUNTY. 9 . The COUNTY agrees, acknowledges and understands that the RAILWAY reserves � g ' the right to make any changes at any future time in its existing tracks or other facilities , including the installation, maintenance and operation of any additional track or tracks or other facilities on its right-of-way at the CROSSING SITE. The COUNTY agrees to bear the total expense of any changes or additions to the pavement and traffic signal devices, the SURFACE, the WARNING DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE , whether these changes or additions are required by law or order of any public or. judicial authority, done voluntarily by the RAILWAY, or requested by the COUNTY. 10 . The COUNTY agrees that it will install, maintain and replace all necessary drainage ' facilities toP revent the accumulation of surface water due to the existence of the CROSSING ' SITE . Such facilities must first be approved by the RAILWAY and any governing bodies having ' jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval . An additional license agreement may be required by the RAILWAY, depending upon ' the location of such drainage facilities and type, size, depth and other specifications of the ' proposed facilities, as submitted to the RAILWAY. 11 . Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossing shall be installed, maintained and replaced at or ' near this CROSSING SITE by and at the sole cost of COUNTY. 12 . The COUNTY further covenants to pay the RAILWAY, within thirty (30) days after ' presentation of the same, all bills submitted by Railway including maintenance bills as set forth ' - , Page 5 in Paragraph 7 above and all bills for electricity for thelighting and illumination of the CROSSING SITE if same are provided by Railway. 13 . At the termination of this Agreement for any cause, or upon termination of the COUNTY ' S use of the CROSSING SITE as herein described, all rights of the COUNTY shall terminate and the COUNTY shall remove, under the RAILWAY ' S supervision and direction, at COUNTY ' S entire cost and expense, said road and all non-RAILWAY-owned improvements placed upon the RAILWAY ' S right-of-way and restore the ground to its original condition. 14 . The COUNTY shall indemnify, defend and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING SITE . 15 . The COUNTY shall not in any way, or at any time, interfere with or obstruct RAILWAY ' S right-of-way, the movement of RAILWAY ' S trains and other railroad operations, or interfere with the RAILWAY ' S use thereof, or the use thereof by RAILWAY ' S assigns, invitees, lessees or licensees . 16 . The COUNTY acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768 . 28 and acknowledges that such statute permits actions at law against the COUNTY to recover damages set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of COUNTY while acting within the scope of the employee ' s office or employment . under circumstances in which COUNTY, if a private person, would be liable under general laws of this State. Page 6 ' The COUNTY will include in any contract which it may let for the whole or part of ' said work to be performed hereunder by or for the COUNTY, each and every one of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY, L . L . C . AND INSURANCE REQUIREMENTS " attached hereto and made apart ' hereof as Exhibit D . 17 . (a) COUNTY, at its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAILWAY to furnish any necessary construction ' watchmen for the protection of RAILWAY ' S employees, property and train operations . RAILWAY shall be notified at least one ( 1 ) week in advance of the performance of any work in connection with the CROSSING SITE . ' (b) In addition to, but not in limitation of any of the foregoing provisions, if at any time RAILWAY should deem it necessary to place construction watchmen for the protection of any person orro ert , during the construction, maintenance, repair, alteration, renewal, or P P Y P ' removal at the CROSSING SITE, RAILWAY shall have the right to place such construction ' watchmen, or other persons at the sole cost and expense of the COUNTY. Upon receipt of a bill from RAILWAY, COUNTY shall promptly pay RAILWAY the full cost and expense of such construction watchmen. The furnishing or failure to furnish construction watchmen, or other persons by the RAILWAY under this paragraph, however, shall not release COUNTY from any and all other liabilities assumed by COUNTY under the terms of this Agreement, including its obligations under Paragraph 16 hereof. The COUNTY shall give the RAILWAY one ( 1 ) week ' s ' advance written notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that ' proper warning may be provided for trains . In emergency situations COUNTY shall give the Page 7 RAILWAYtelephonic notice . The COUNT TTY further agrees that at all times its personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be borne by the COUNTY. 18 . After the SURFACE and WARNING DEVICES have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the COUNTY an invoice showing the final total cost of material, labor and equipment furnished by the RAILWAY, in accordance with the estimate of said cost to the COUNTY to be $419, 640 . 00 set forth in Exhibit B and COUNTY shall pay such invoice no later than thirty (30) days from the date thereof. 19. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the COUNTY, and at its sole expense. 20 . The COUNTY shall promptly pay RAILWAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of the date of invoice . Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the COUNTY. 21 . The COUNTY hereby acknowledges that it has been notified that its personnel will or may be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities . 22 . If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Page 8 23 . This Agreement will be governed by the laws of the State of Florida. It constitutes ' the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in 1 writing and signed by both parties . 24 . It is understood by and between the respective parties hereto that this License 1 Agreement cancels and supersedes the existing License agreement between the Railway and Indian River County dated October 6 , 1983 . i 1 1 i 1 1 1 1 Page 9 IN WITNESS WHEREOF, the RAILWAY and the COUNTY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and FLORIDA EAST COAST RAIL'W'AY, L.L.C., K Delivered in the presence of. a Limited Liability Company By: U • _ Seal) ATTEST: E%lv � Ll . Witness s as to RAILW Assistant Secretary DATE : "7 1 3 INDIAN RIVER COUNTY, a political subdivisi of the t Florida ByXe e ac Title : .Lhairman J, Witnesses as to COUNTY BCCA 4 Attest : Title : b . e Date : - > ' 0 Indian River County Approved Date Administration per . l� A3 Budget 6 Co . Attorney Gs P Mr Risk Managementddw SO Department J46 Division 30 / 03 Page 10 NORTH TO JACKSONVILLE SOUTH TO MIAMI Ex SE ' DEV STAB INSTALL NEW STANDARD TYPE III , CLASS III WARNING DEVICES FEC R . O .W. . . . . . . _ . . � . . � . . � . . _ FEC R . O . W. ' NE c N NEW SERVICE Q9 o HOI `�� cn p REMOVE EXISTING 44 WIDE TYPE "T " c MODIFIED CROSSING AND INSTALL 112 ' ' - - WIDE CONCRETE CROSSING . - . MAINLINE MAINLINE - INS kLL AINLINE -INSTALL NEW STANDARD TYPE III , CLASS III WARNING DEVICES _ LG , FI�L OPTIC SNE aPIK .EUT - _ U . G . FIBER_OPTIC_ LINE_ _ = U . G ._COMM . LINE WILLIAMSZ - _ _ _ _ ( EPIK OWEST U . G . COMM . LINE MCI - U . G . COMM . LINE WILLIAMSJ _ U . G . CTMM . LINE AT&T) - - - - - - - - U . G . COMM . LINE ( MCI _ QlG I$EI: 6PTZ° LIN t P1�TNT� _ - - U . G . COMM . LINE ��AT&T - UB R OrfIC� LINPRIN FIBERCOPTI LINE Ln Ln DR AGE DITCH 9 RIP C) SPIL DRAINAGE DITCH FEC R . O . W. • - FEC R . O . W. ' CONCRETE RETAINING WALL WITH HANDRAIL " LOR I DA EAST CDAST RAILWAY CD , ' ICE OF MANAGER — ENGINEERING SERVICES ST. AUGUSTINE NOTE , LENGTH OF (GATE 1 ) 40 ' ADE CROSSING IMPROVEMENTS / / ' (CANT 1 ) 38 ' (GATE 2) 40 ' nth STREET MP . 229 + 3 , 982 ' (CANT 2 ) 34 ' (( GATE 3 ) 10 ' NOTE : CURB & GUTTEF VERO BEACH , FLORIDA (GATE 4) 9 ' MASONRY CONSTR GATE 5 9 ' CONSTRUCTED WITHIN MEASURED PERPEN_ M ? LpC 229 + 3982 + SCALE 1 " = 20 ' i IVA MAP � 77777� X29/ 39/3982 ArF 4 / 1 / 03 =DWG O 01 — E - 1 10 ' LICENSE AREA ' April 8 , 2003 File : 229/39/3 ,982 ' 4th STREET — MP 229+3 ,982 ' — FDOT # 273049M A PARCEL OF LAND WITH UNIFORM WIDTH OF ONE HUNDRED FORTY ( 140) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACKS OF THE ' RAILWAY AT 4TH STREET IN VERO BEACH, FLORIDA, WITH LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED THREE THOUSAND NINE ' HUNDRED EIGHTY TWO FEET (3 ,982) FEET SOUTHERLY FROM THE RAILWAY ' S MILE POST NO . 229 AS MEASURED FROM JACKSONVILLE, FLORIDA, SAID RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED ( 100) FEET AT THIS LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST AND WEST SIDE OF THE CENTERLINE OF THE MAIN TRACK, ALL AS SHOWN ON THE ATTACHED DRAWING NO , 01 -E- 110, DATED APRIL 1 , 2003 , ATTACHED HERETO AND MADE A PART HEREOF . r EXHIBIT "A " FLORIDA. EAST COAST RAILWAY COMPANY SAINT AUGUSTINE, FLORIDA (-X1NG& Wr4) 04/08/03 15 :05 VERO BEA CII; WIDEN EXISTING 44' TYPE " T" MODIFIED GRADE CROSSING TO 112 ' CONCRETE CROSSING. 4TH STREET, MILEPOST 229+3,982 AAR/DOT NO. 273049111 FILE: 229/39/3982 CROSSING DESCRIPTION PAVING DESCRIPTION New Length of Crossing Surface: 112 Tf Width (Across Road) 112 Ft Number of Tracks: I Ea Length (Along Road) 80 Ft Length of Track Panel : 152 Tf Projected Lift 3 In AGREEMENT DESCRIPTION GANG DESC3 Fort N Responsible Party. Indian River County Agreement Date: 3 Fort Pierce Section Division of Responsibility 14 Fort Pierce Smoothing3 Crane Encase Fiber Optic Cable COUNTY 2 Loader Maintenance of Traffic COUNTY Crossing Surface COUNTY Track Materials COUNTY Track Construction COUNTY Paving COUNTY COST RECAPITULATION Track & Civil Work Item Salvage 10.00% Responsible Labor Equipment Material Contract Credit Contingency Total Party Encase Fiber Optic Cable n/a n/a n/a 92600.00 n/a 12000.00 107600.00 COUNTY Mobilization/Material Consolidation 17877.64 2,06I . 18 n/a n/a n/a 461 . 18 42400.00 COUNTY Construct Track Panel 12729.72 2,334.84 12, 875.07 n/a n/a 1 ,760.36 18,700.00 COUNTY Maintenance of Traffic/Police Protection n/a n/a n/a 222720.00 n/a 2,280.00 25,000.00 COUNTY Remove Crossing Surface 300.38 469.31 n/a n/a (675.00) 105.31 200.00 COUNTY Remove/Replace Track/Crossing Structure 37089.72 41428.39 n/a n/a (4,475.23) 357. 13 3400.00 COUNTY Line & Surface Track 851 . 82 651 . 83 43065. 80 n/a n/a 630. 56 62200.00 COUNTY Replace Crossing Surface 764.61 11194.61 302020. 80 n/a n/a 3,219.98 35,200.00 COUNTY Place Asphalt 168.50 28.45 n/a 22,680.00 n/a 27323 .06 25,200.00 COUNTY Demobilization/Site Cleanup 469.00 67.48 n/a n/a n/a 63. 52 600. 00 COUNTY Totals: 9,251 .39 117236.08 46,961 .67 55,000.00 (5, 150.23) 12,201 .09 1299500.00 TOTAL TRACK PROJECT COST: 5129,500.00 1 , 156.25 $/Ft ENGINEERING & SUPERVISION: 57180.00 TOTAL TRACK & CIVIL PROJECT COST: $134,680.00 TOTAL SIGNAL IMPROVEMENT PROJECT COST: 2849960.00 TOTAL COST TO BE BORNE BY COUNTY: #REFI $419,640.00 NOTE: THIS IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST. Medd LM Revised 7/17/97 EXHIBIT " B " ' SCHEDULE OF ANNUAL COSH' OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES 1 ' Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST * I Flashing Signals — One Track $ 11870800 II ' Flashing Signals — Multiple Tracks $ 25474 . 00 ' III Flashing Signals and Gates — One Track $ 25820, 00 IV Flashing Signals and Gates — Multiple Tracks $ 35540 . 00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE : 1446 . 002 Responsibility for the Cost of Automatic Highway Grade Traffic Control Devices F . A . RULE EFFECTIVE DATE : July 22 , 1982 GENERAL AUTHORITY: 334 . 044 . F . S . ' SPECIFIC LAW IMPLEMENTED : 335 . 144 .F . S . * This schedule was effective July 1 , 2001 , and will be reviewed every 5 years and revised as appropriate ' based on the Consumer Price Index for all Urban Consumers published by the U. S . Department of Labor. ' EXHIBIT " C " ; s FLORIDA DEPARTMENT OF TRANSPORTATION Listed Below are signal installations by type and class : FLASHING SIGNALS - ONE TRACK Type = 1 , Class = 1 FLASHING SIGNALS - MULTIPLE TRACKS Type = 1 , Class = 2 FLASHING SIGNALS AND CANTILEVER - ONE TRACK Type = 2 , Class = 1 FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS ells Type = 2 , Class = 2 FLASHING SIGNALS AND GATE - ONE TRACK Type = 3 , Class = 3 FLASHING SIGNALS AND GATE - MULTIPLE TRACKS Type = 3 , Class = 4 FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK Type = 4 , Class = 3 FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4 , Class = 4 TYPE OF TRAFFIC CONTROL DEVICES Flashing signals II Flashing signals with cantilevers III Flashing signals with gate IV Flashing signals with cantilevers & gate CLASS OF TRAFFIC CONTROL DEVICES I Flashing signals - one track II Flashing signals - multiple track III Flashing signals & gates - one track IV Flashing signals & gates - multiple track Exhibit " C " FDOT-Type-Class .doc ' INDEMNITY OF FLORIDA EAST COAST RAILWAY L. L. C . AND INSURANCE REQUIREMENTS ' The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify, defend and save harmless the Florida East Coast Railway, L. L. 0 from and against all judgments, and all loss , claims, damages, costs, charges, and expenses ("Costs") ' which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, including any such Costs arising from the death, ' bodily injury or personal injury of, as follows : Of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway, L . L. C . , employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors , and from loss damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest, and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same. In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $ 5 , 000, 000 . 00 each occurrence for bodily injury or death and $3 , 000, 000 . 00 property damage each occurrence with a $ 5 , 000,000 aggregate covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives removed. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages with the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman ' s Compensation Insurance Policy as required in the State of Florida. All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form satisfactory to Railway ' s Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best' s" rating of A or A+ ' and a financial category size of Class XII or higher. EXHIBIT "D" INDIAN RIVER COUNTY PROJECT NO. SHEET NO. ' PROJECT NO. 9205 1641 22 36" ' 12" WEEP HOLE - ' 36" RCP FLOW ;K HOLE (SHED GRADE 12" WEEP HOLE -� 7I NOT 4209 VER" % OVER DETAIL TYPICAL LOCATIO BOTTOM OF STRL WITHOUT SUMP I _ a \Sj OQ�ND � L EL. 13 40 i 12" Dl�m 1 12" ADS 1 /4" GALVANIZED - IN- LINE DRAIN HARDWARE CLOTH (OR EQUAL) FILTER FABRIC9NO. 4 COARSE " CONCRETE AGGREGATE 2'k- COLLAR NOTE: SUMP BOTTOM SHALL BE PROVIDED EL. 10.00 ALL DRAINAGE INLETS AND MANHOI COST FOR SUMP BOTTOM SHALL INCLUDED IN THE UNIT PRICE FOR SECTION STRUCTURE. TYPICAL SUMP BOTTOM D ARD DRAIN S22 DETAIL N .T.S . N .T.S. [48 HOURS BEFORE DIGGING OWARD PALM BEACH INDIAN RIVER ST. LUCIE MARTIN COUNTIES CALL TOLL FRES - 800 - 432 - 4770 NSHINE STATE ONE CALL CENTER (FORMERLY U. N.C . L.E.) ' DATE BY DESCRIPTIONREVISION$ 11/19/99 J.C.C. REVISED PER SJWMD COMMENTS 7/ ATE BY DESCRipTi J.R.C. ISSUED FOR CONSTR 4TH STREET 03/09/02 D.J.M. REVISED PER IRC COMMENTS 10/2502 D.T.S. REVISED PER IRC COMMENTS DETAILS r ' 4 " STREET / OLD DIXIE / US 1 PRE-BID MEETING FRIDAY, FEBRUARY 13 , 2004 ATTENDEES : ' Terry Thompson IRC Capital Projects tthompsonCa/ircgov . com Teresa Allen IRC Capital Projects tallen(a)ircgov. com Chip Boyette IRC Capital Projects cboyette@ircgov. com ' Dick Destein Sheltra & Son dickdestein (wonearrow . net Richard J. Forlifer Sheltra & Son Mike Bullock Community Asphalt mbullock@,cacoEp .net ' Chad Swint Ranger Construction cswint@rangerconsruction . com Tim Rose Timothy Rose Contracting, Inc . trosoav@aol. . com Richard G. Forlifer Dickerson Florida, Inc . Rforlifer a@dfifl. com Terry opened the meeting. Terry stated the County has been trying to get the utility companies out of the way before starting the project . Chip stated Comcast still has some work to do . Chip stated during construction the Contractor will have to work together with Comcast. Chip stated Comcast needs to go over the drainage pipe in the railway right-of-way after it is installed by the Contractor. Terry asked if Comcast was going to be doing a jack and bore . Chip stated Comcast would be doing a directional bore . Terry stated that on the road construction section there is an abandoned water line that needs to be removed, drainage pipes that need to be removed and all kinds of wires . Terry stated the County has gone with a thicker base and no mixed sub -grade . Terry stated there are traffic boxes that need to be removed. Terry stated if the contractor wanted to grout some of the drainage pipe instead of removing it, in order to help with the maintenance of traffic, to let her know. ' Chip stated there is some drainage work that will be located behind some businesses . Chip stated this work will require small equipment. Terry stated to be careful and not block access to any of the businesses . Terry also mentioned that the ditch located at Parks Rental that goes out ' to 4th Street can not be filled in and block drainage until the new drainage is installed . Terry stated she thinks the most difficult thing related to this job is the maintenance of traffic . ' Terry mentioned that the contract states that the Contractor has to pay over time for the inspectors . Dick Destein asked if the lines crossing 4th Street do they have to be built in phases or can they go all the way across . Terry stated she didn ' t see a problem with going all the way across as long as traffic is flagged and maintained . rTim Rose asked if it would be considered over time if they worked night hours instead of day Y hours . Terry stated as long as they were not working night and day some thing could be worked out. Tim stated night time work would have less traffic . i FAPublic Works\Capital Projects\Fourth Street-Old Dixie- USI \PRE-BID MEETING\PreBid2- 13 -04.doc r ' PAGE TWO ' Terry stated there are detour sketches in the contract. Terrystated there is a a item in the pay contract to buy a message board . Terry stated the message boards seem to work best . ' Terry asked if there were any questions . ' Mike Bullock asked if the contractor was responsible to pay for the FEC flagmen . Terry stated she was not sure how they worked that . Terry stated she would include in the Addendum who ' would be responsible to pay for the flagmen. Richard Forlifer mentioned that the structure on the plans S - 19 shows it as a manhole structure and on the plan view it shows it as a miter end section. Terry stated the pipe has been extended and the flared end is correct . Terry stated revised sheets will be sent out with the Addendum. Terry stated there is a separate pay item for the work located near the railroad where all the ' drainage outfall pipes are located under the railroad. Terry stated it is a huge jungle . Terry stated the pay item covers the clearing, grading and sodding of that area . Terry stated it is a ' lump sum pay item separate from the rest of the clearing and grubbing . Richard Forlifer asked if there was a cut off time for questions . Terry stated yes, at least a week ' before the bid opening. Terry stated questions can be faxed or e-mailed to her. 1 1 i 1 i r i 1 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US 1 \PRE-BID MEETING\PreBid2- 13 -04.doc . . : 11) CONSTRUCTION COUNTYSIGN4N SHEET INDIAN RIVER PROJECT NO. : 9205 1Friday, • 2004 ' ROJECT NAME : 4th STREET WIDENING FROM US I TO WEST OF OLD DIXIE 1 PHONERemember Safety First NAME COMPANY EMAEL ADDRESS t • Ijk 14 one• Y 05 / All -7 Re 40 / i � / 06 5 BOARD OF COUNTY COMMISSIONERS ' Public Works Department Capital Projects Division 1840 25T" Street, Vero Beach , Florida 32960 Telephone : (772) 5674000 FAX: ( 772) 978- 1806 74 GZ 1[- r � Y ORI ' ADDENDUM NO, 2 TO THE CONTRACT. DOCUMENTS AND SPECIFICATIONS FOR 4th STREET WIDENING FROM US 1 TO WEST OF OLD DIXIE ' INDIAN RIVER COUNTY PROJECT NO, 9205 INDIAN RIVER COUNTY BID NO. 6028 ' March 1 , 2004 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM sets ' forth change and /or information as referenced and are hereby made a part of and should be attached to the subject Contract Documents . ' Note : All Addenda shall be acknowledged on page 003104 of the Bid Form . ' CONTRACT DOCUMENTS AND SPECIFICATIONS Section 00310 - Bid Form , Page 00310 -3 , Bid Item 120 6S , Special ' Embankment Revise the "Unit" column from "SY" to 'ICY": Special Embankment shall be ' measured as cubic yards in -place with no shrinkage or expansion factors. The pay quantity shall be the plan quantity subject to the provisions of Section 9-3 . 2 ' and 9-3. 4 of FDOT Standard Specifications. t ' ADDENDUM NO . 1 Page 1 of 1 F : \Public Works\Capital Projects\Fourth Street- Old Dixie- US PCONTRACT DOC UMENTS ' Addendums\Addendum No . 2 . doc TABLE OF CONTENTS ' Section No . Title DIVISION 0 = BIDDING DOCUMENTS CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents ' BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 1 00310 Bid Form 00430 Bid Bond 00450 Sworn Statement under Section 287 . 133 , Florida Statutes on Public Entity ' Crimes 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ' 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors ' CONTRACT FORMS 00520 Agreement ' 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance ' 00622 Contractor' s Application for Payment 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and ' Locations of the Work ' CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions ' DIVISION 1 = GENERAL REQUIREMENTS DIVISION 2 — TECHNICAL PROVISIONS APPENDICES ' APPENDIX A — PERMITS ' + + END OF TABLE OF CONTENTS + + t 00010 - 1 0010 1 ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\Table of Contents .doc ' SECTION 100 - ADVERTISEMENT FOR BIDS BOARD OF COUNTY COMMISSIONERS 184025 TH Street, Vero Beach, Florida 32960 A O� LORD ' Telephone : (561) 567-8000 SUNCOM: 2244000 ADVERTISEMENT FOR BIDS FAX: (561) 7784391 ' INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday, March 3 , ' 2004 . 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 "4th Street Widening U . S . 1 to West of Old Dixie . " 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. 9205 INDIAN RIVER COUNTY BID NO. 6028 PROJECT DESCRIPTION: 4th Street widening and drainage Improvements ' 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 Capital Proiects Division 2nd Floor County Administration Building 1840 25th Street , Vero Beach , Florida 32960 ( 772 ) 567-8000 extension 1384 . 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 . ' 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 ' 00100 - 1 00100 - Advertisement for Bids FAPublic Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\00100 - Advertisement for Bids.doc 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 . ' A Pre - Bid Conference will be held on February 13 . 2004 at 2 : 00 PM in the first floor conference room " B " of the Indian River County Administration Building located at 1840 25th Street , Vero Beach , Florida , 32960 . ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED . ' INDIAN RIVER COUNTY ' By: Fran Boynton Powell Purchasing Manager ' For Publication in the Vero Beach Press Journal Date (s ) : January 19 , 2004 January 26 , 2004 ' 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 1 ' 00100 - 2 00100 - Advertisement for Bids F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\00100 - Advertisement for Bids.doc SECTION 00200 - Instructions to Bidders ' TABLE OF CONTENTS Article No . - Title Page ' ARTICLE 1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS " " . , . . . . . . . . . . . . . . . . . . . . . ' ARTICLE 3 - QUALIFICATIONS OF BIDDERS . I . I I I I I I I I I I . . a & . . a 0 0 1 ARTICLE 4 as EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 - PRE- BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS , . . . . . . . 11 . . . . a * * . . * @ . . . . 4 ' ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 8 be BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' ARTICLE 9 - CONTRACT TIMES . . , . , , , . . . . be Mae . . . . . . . . . . . . . . . . . no . . . baseball . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' ARTICLE 11 as SUBSTITUTE AND " OR- EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' ARTICLE 14 as BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' ARTICLE 16 be MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' ARTICLE 17 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . , , , , . . , , , , , . . , . , , . . . . . . . . 1119 ' ARTICLE 19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' ARTICLE 20 — CONTRACT SECURITY AND INSURANCE , , , . . , , , , . . , , , , . . . I ' ll . . . . 110 ARTICLE 21 — SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 22 — SALES AND USE TAXES . , , " . . . . 088 . 0wase . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 23 — RETAINAGE . a I I I . . I I I I I I . . I I I I . . . . . I I I . . 0 1 1 1 1 . . I I . I . . I I . . . . . . . . . . . . . . . . . a 4 . a 5 . . . . . . . . . . . . . . . . . . . . . . . 10 ' ARTICLE 24 - CONTRACTS TO BE ASSIGNED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ' ARTICLE 25 - PARTNERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ' 00200 - Instructions to Bidders 00200 - i F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00200 - instructions to Bidders .doc SECTION 00200 - Instructions to Bidders ' TABLE OF ARTICLES (Alphabetical by Subject) Subject Article ' Award of Contract . . , . , , , , . . . . . . 11 . . . . . . . . . . . . . . . . . I . . . . " I . . . . . . 11 . 1160 . 0 . 000 . 09 0 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ' Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' Contracts to be Assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Copies of Bidding Documents . , , , " , , , , " , . . . was . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . , . , . . , , , , , . . , , . . . . . . . . . . . . . . . 7 ' Liquidated Damages , , , . . . . . . . . . . . . . . . . . . . . . . . . mass , . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ' Opening of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ' Partnering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Pre- Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' Preparation of Bids . I . . . . . * a * . . . * atosm - wm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' Retainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ' Sales and Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ' Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ' Substitute or " Or- Equal' Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ' 00200 - Instructions to Bidders 00200 - ii F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders .doc SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS ' 1 . 01 Terms used in these Instructions to Bidders well 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. ' 00200 - Instructions to Bidders 00200 - 1 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 r ' 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet any of the listed required qualifications . rARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA , AND SITE 1 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. The Supplementary Conditions identifyre and drawings those reports p relating to a Hazardous Environmental Condition identified at the Site , if any, that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 . 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 . 06 of the General 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 . 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 ' 00200 - Instructions to Bidders 00200 - 2 F :\Public WorWCapital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 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 , OWNER willrovide Bidder access ss to the Site to conduct such examinations , investigations , explorations , tests , and studies as Bidder ' deems necessary for submission of a 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 . ' 4 . 06 Reference is made to Article 7 of the Supplementary Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other ' prime contractors ) that relates to the Work for which a Bid is to be submitted . On request , OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work . 4 . 07 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 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, ' C . 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 ; 00200 - 3 00200 - Instructions to Bidders F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00200 - Instructions to Sidders.doc Rev. 05/01 ' 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 . 4 . 08 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 are 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 ' 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. ' 00200 - Instructions to Bidders 00200 - 4 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 ' 7 . 02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . ' 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 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 ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any, are set forth in the Agreement. 00200 - 5 00200 - Instructions to Bidders F:\Public Works\Capital ProjectsWourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05101 ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL" ITEMS 1 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 " 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 , P Y 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 . ' 00200 - 6 00200 - Instructions to Bidders FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 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 . 13 . 04 A Bid by a partnership shall be executed in the partnership name and Y a signed b partner 9 (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 beed in ink below t tYP or printed he 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 . ' 00200 - Instructions to Bidders 00200 - 7 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 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 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'h 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 . ' 00200 - 8 00200 - Instructions to Bidders F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 ' 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 . ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE t18 . 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 a 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. 00200 - 9 00200 - Instructions to Bidders F :\Public Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 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 , it must be accompanied by such Bonds , unless the Bonds have been waived due to the total contract being less than ' $509000 . All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the 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 ' 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 1 This Section is intentionally left blank ARTICLE 23 — RETAINAGE Provisions for retainage are set forth in the agreement . ARTICLE 24 - CONTRACTS TO BE ASSIGNED ' This Section is intentionally left blank ' 00200 - 10 00200 - Instructions to Bidders F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 1 ARTICLE 25 - PARTNERING ' This Section is intentionally left blank * * END OF SECTION 1 ' 00200 - 11 00200 - Instructions to Bidders F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00200 - Instructions to Bidders.doc Rev. 05/01 BID PACKAGE THIS PACKAGE CONTAINS : ' SECTIONTITLE ..a SECTION NUMBER P� Bid Form 00310 �, .. Bid Bond 00430 Public Entity Crimes Affidavit 00450 Sworn Statement on Disclosure of Relationships 00452 F j k . Sworn Statement Under the Florida Trench Safety Act 00454 General Information Required of Bidders 00456 List of Subcontractors 00458 SUMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID kit t 00300 - Bid Package Contents F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00300 - Bid Package Contents.doc ' BB01544 POWER OF ATTORNEY FOR ' DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725 . IRVINE. CA 92623 • (949) 263-3300 www .inscoDico.com ' KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make , constitute and appoint : * * * Robert Barra * * * as its true and lawful Altorney(s)-in- Fact , to make , execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Altorney(s)- in - Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation , and all of the acts of said Attorneys)-in-Fact , pursuant to these presents, are hereby ratified and confirmed . ' This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1 , 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be , and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the Attorney(s)- in- Fact named in the Powers of Attorney to execute , on behalf of the corporation , bonds, undertakings and contracts of suretyship, and that the Secretary or any Assistant Secretary of the corporation be , and each of them hereby is. authorized to attest the execution of any such Power of Attorney : RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this 71h day of November, 2001 . AND ''• ,, By David H. Rhodes, Executive Vice President r�a' pRPORqo !: ry . G F _ OCT. •: < '_ ECL. 1936 , 3: By : =;'7 .• fowP too, Walte .Walter A. Crowell , Secretary O ' STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) ' On November 7, 2001 , before me, Antonio Alvarado, personally appeared David H . Rhodes and Walter A . Crowell , personally known to me ( or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted , executed the instrument. ' WITNESS my hand and official seal ANTONIO ALVARADO pCOMM. # 1300303 :E— -- _ � Notary Public - California � Signature C ? ORANGE COUNTY ' My Comm. Expires APRIL 10, 2005 ' CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate. ' This Certificate is executed in the City of Irvine. California , the 2 7 day of Feb r u a r y 2004 By David G. Lane, Chief Operating Officer 1D- 1438 (DSI) ( 11 /01 ) SECTION 00310 - BID FORM PROJECT IDENTIFICATION : Project Name : 4th Street Widening from U . S . 1 to West of Old Dixie County Project #: 9205 Project Address : 4th Street from U . S . 1 to West of Old Dixie Vero Beach , FL , Project Description : 4th Street widening and drainage improvements . 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 all other terms and conditions of the Bidding Documents , 2 . 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 to 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 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 1 as provided in paragraph 4. 06 of the General Conditions , 1 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 J nngim PH Fnrm 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] nniin_4) Bid Folin Bid Proposal 4th Street Widening CJS lrito, West Old Dixie SUMMA OF ROA WAYiPAY IT M . BID ' UNIT TOTAL, ITEM NO . DESCRIPTION 'i ,; UNIT QUANTITY UNIT PRIDE (WORD) I PRICE , PRICE 101 - 1 MOBILIZATION LS 1 ' Q3 , q �5 • �° g3, q �5 • m 102- 1 MAINTAINANCE OF TRAFFIC i ' ' LS 1 � � I � , � � l I I � . • �, 102-99 VARIABLE MESSAGE BOARD ED 60goo co 900 102-99A VARIABLE MESSAGE BOARp PREMIUM LS 1 00 �p + uj � • 104-0 EROSION & TURBIDITY CONTROL LS 06co 104" 10 BALED HAY EA 60 15 • . 108- 1 RECORD DRAWINGS LS 1 110- 1 - 1 CLEARING & GRUBBING LSmum 1 umm oD • 110- 1 - 1A CLEARING & GRUBBING LS 1 m (F. E .C . DRAINAGE SWALE) 1 ,4rionagoo goo 110-7-1 MAILBOX (RELOCATE) EA 8 00 , oa 120- 1 EXCAVATION CY 81245Ogg 5 • oo � , � 2 • oD 1204 Excavation (sub-soil) CY 95 7 . co 5 CO 120-6 EMBANKMENT CY 11870 • rj p 00 120-6S SPECIAL EMBANKMENT SY 31100MEN - • op 160-0 COMPACTED SUBGRADE SY 9 900Mal 91 MRS 02 . aD I /`�l� • 250-3 CEMENTED COQUINA BASE ( 14") SY 91900mmm i 286- 1 - 1 TURNOUT CONSTRUCTION (ASPHALT) SY 50 14 1 286- 1 -2 TURNOUT CONSTRUCTION SY 875 (6" CONCRETE)- , aL� • 50 33472 TYPE SP- 12 . 5 ASPHALTIC CONCRETE TN 1 ,250 p Off! 00 (OVERBUILD) b as l42 oll J4 00310-3 F:PublicWorkslCapitalProjects\FourlhStreet-OldDixie-USI\BID PROPOSAL.As Uhuv� Rl v Rv. , 14= tm BID VV r P) Eh . .. L , .. DESCRIPTION UNIT QUANTITY UNIT PRICE (WORDS) UNIT TOTAL ITEM NO. r 1PRICp PRICE 334-12- 10 TYPE ,SP-9 . 5ASPHALTIC CONCRETE A SY J ,400 , i . 4 : ; : ,:, �' ; . � 3a � Sao SURFACE COURSE I � a0 334-72- 14 TYPE SP- 12 .5 ASPALTIC CONCRETESY 81250 STRUCTURAL COURSE 1 . 511) 50 425- 1 -351 CURB INLET P5 < 10' EA 5 oQ 425- 1 -361 CURB INLET P6 < 10' EA 4 oa oa d d 425- 1 -453 CURB INLET J5 < 10' ' EA 3 oa 42511, 1 -521 INLET (DITCH BOTTOM TY E C) EA 4 O oa oa 425- 1 -551 INLET (DITCH BOTTOM TYPE E) 1 , EA 3 l W5 ' 5 0 425-2-41 MANHOLE (TYPE P) EA 2 IF DO 425-2-71 MANHOLE (TYPE J ) EA 6 . � 7M . aD / lot . no 425-2-71A MANHOLE (TYPE75 =CIAL) EA 1 (CONTROL STRUCTURE ) 425- 10YARD DRAIN EA 4 ' oa aU 430- 11 -1 CONCRETE PIPE CULVERT LF 132 Ll CLASS IIl ) (15") 430- 11 -425 CONCRETE PIPE CULVERT LF 206 �J 7 (CLASS III ) ( 18") , dD 430- 11 -429 CONCRETE PIPE CULVERT LF 438 �P (CLASS III ) (24") 5300 430- 11 -433 CONCRETE PIPE CULVERT LF 210 , �� (CLASS III ) 30") 430- 11 -438 CONCRETE PIPE CULVERT LF 996 ~ (CLASS III ) (36") a p . O0 , dD 430- 11 -442 CONCRETE PIPE CULVERT LF 4 !3 ' X o� (CLASS III ) (541 ) n . 430- 11 -443 CONCRETE PIPE CULVERT LF 64 (CLASS III ) (60") 430-171 -23 HDPE PIPE CULVERT ( 15") LF 870 m 430-200-38 FLARED END SECTION (36" PIPE) EA 2 1 53r 00 430-200-43 FLARED END SECTION (60" PIPE) EA 00310-4 ■ SUMMARY OF ROADWAY PAY ITEMS BID ITEM NO . DESCRIPTION ,I' 1NIT QU TITY , h 4 !°J!� 14NITi E� (WOR Y UNIT " TOTAL 430-982- 123 MITERED END SECTION ( 15" PIPE ) PRICE PRICE , ' ' A 1 �jn� Co 440- 1 UNDERDRAIN (2' x 2' W/ FILTER FABRIC) ) LF 90 - 06 , 515- 1 -2 HAND RAIL (ALUMINUM) R LF . 115 (� 6 5q6o , I .cl� Ob 520- 1 - 10 CONCRETE CURB & GUTTER (TYPE F) I F , 31400 W • 5 750 oa 521 -72-4 CONCRETE GRAVITY WALL t31 CY 15 (CLASS I 1111IR1111111111ETE) IIIIIIIIIIIIIIo 522- 1 CONCRETE SIDEWALK (4" THICKNESS ) ISY 2 150 `r 530-3-4 RIP-RAP (RUBBLE )(ROADWAY) ! TN 60 aI - RD L4 sob l Q 5 (DITCH LINING ) 536- 1 - 1 GUARDRAIL LF 84 550-74-214 RELOCATE EXISTING 4' HIGH ' OD CHAINLINK FENCE LF 220 • �d 550111174-2/6 °° RELOCATE EXISTING 6' HIGH a CHAINLINK FENCE LF 50 575- 1 /BSOD (BAHIA) ENRON . Jr0 • om mmm� SY 4 , 000 575- 1 /F SOD (FLORATAM) 75, [ �� Sy 3, 000 715-2- 115 CONDUIT (2" SCHEDULE 40 PVC) LF 2 700 � . oD o 1643-700 VALVE BOX (ADJUST / MODIFY) EA 10 MMMOMMO�1693-800 WATER SERVICE (RELOCATE ) Eq ® 0 v 2 D L' R'tOADWAY SUB-TOTAL COST = 00310-5 F:PublicWorkslCapitalProjectslFourthStreet-OldDixie-usneID PROPOSAL I I _ _ _m m m = m IM = m Mint DESCRIPTION UNIT QUANTITY UNIT PRICE (WORDS ) UNIT TOTAL ROADSIDE SIGN R2 PRICE PRICE (24" x 3G' SPEED LIMIT) AS 2 ROADSIDE SIGN R3-7R (LANE USE) AS " ' �ROADSIDE SIGN R10-7AS5b( �0(DO NOT BLOCK DRIVEWAY) !i i ' . do rias- - - ROADSIDE SIGN R8-8 AS 2 7 p( (DO NOT STOP ON TRACKS ) 700=40- 1 -5 ROADSIDE SIGN W10- 1 (R. R. ) AS 2 a . . 70046- 11 REMOVE EXISTING SIGN Licit oo _ SAS 7 ti 5� 706-3 REFLECTIVE PAVEMENT MARKER EA 350 (FURNISH & INSTALL) 00 711 -3 PAVEMENT MESSAGES Eq 7 l �J (THERMOPLASTIC) � . moo mom�711 -4 DIRECTIONAL ARROWS (THERMOPLASTIC) EA 19 00 711 -33/6- 10 SKIP TRAFFIC STRIPE 55 LF 350 ° �4 (6" WHITE 6'- 10' THERMOPLASTIC ) 711 -33/10-30 SKIP TRAFFIC STRIPE LF 2 , 150 I r75 (6" WHITE 10'-30' THERMOPLASTIC ) . cj0 711 -34/ 10-30 SKIP TRAFFIC STRIPEiiiiiii � LF 19800 I (6" YELLOW 10'-30' THERMOPLASTIC) 4' 6D 711 -35.61 SOLID TRAFFIC STRIPE LF 5 ,600 (6" WHITE THERMOPLASTIC) 711 - �7 35 121 SOLID TRAFFIC STRIPE LF 700 ( 12" WHITE THERMOPLASTIC) 711 -35- 181 SOLID TRAFF4 STRIPE LF 50 ( 18" WHITE THERMOPLASTIC) 711 -35-241 SOLID TRAFFIC STRIPE LF 350 pf (24" WHTIE THERMOPLAS I a . q D 711 -36-61 SOLID TRAFFIC STRIPE1 LF 5 ,000 (6" YELLOW THERMOPLASTIC) s �? � . Oo 711 -36- 181 SOLID TRAFFIC STRIPE LF 150 ( 18" YELLOW THERMOPLASTIC) 5C7 S}GNING & PAVEMENT MARKING SUB-TOTAL COSTS q2 4 00 — ROADWAY SUB-TOTAL COSTS (FROM PAGE 5) ' FORCE ACCOUNT- $309000 . 00 TOTAL = 3 . 00 F:PublicWorkslCapitalProjects%FourthStreet-OldDixie-US11BID PROPOSAL 00310-6 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 with paragraph 11 . 03 . 13 of the General Conditions (and Supplementary Conditions if applicable) . E. If Bidder believes that the cost of any item of the Work has not been established by the Bid Form , then Bidder shall include that cost in some other applicable bid item , so that Bidder's proposal for the project reflects Bidder's total price for completing the Work in its entirety. 6 . 01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14 . 07 . 13 of the . General Conditions (and Supplementary Conditions if applicable ) 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 B . Section 00450 - Sworn Statement Under Section 287 . 133 , Florida Statutes , on Public Entity Crimes ; C . Section 00452 - Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ; D . Section 00454 - Sworn Statement Under the Florida Trench Safety Act; E . Section 00456 - General Information Required of Bidders ; F . Section 00458 - List of Subcontractors ; and 00310-7 Bid Form G . ( List other documents as pertinent) . 8201 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 it has read and understood all information contained herein . SUBMITTED on Maech 3120Cl, State Contractor License No . cO 05 62g46 If Bidder is : An Individual : Name (typed or printed ) : 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 . : [The remainder of this page was left blank intentionally] 00310-8 Bid Form A Corporation : Corporation Name : � (SEAL) State of Incorporation : — ROLL Type ( General Bu ' , PrQfessional , Service, Limited Liability) : /00 By: i (Sigi ature — attach evidence of authority to sign) Name (typed or printed ) : =i rrno in v use Title : (CORPORATE SEAL) Attest (Signature of Corporate Secretary) Business address : V.I(.o() SW DL- b `D14Ie VAVJ $ . P 20 ),mc h , EL Phone No . : —11?, -5UL1 - 9 %CCg - FAX No :: -Tj 'a - 5 U y =l 2 'N Date of Qualification to do business is ion A Joint Venture . Joint Venture Name : ( SEAL) By: (Signdture 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 : i Phone No . : FAX No . : 00310-9 Bid Form 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 00310-10 Bid Fnrm 6601544 4 SECTION 00430 - BID BOND J KNOW ALL MEN BY THESE PRESENTS, that we (BIDDER`S NAME ) Timothy Rose Contracting , Inc . as Principal , and Developers Surety & Indemnity Company (SURETY S NAME) a corproration duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of PI a n t a t i on and authorized to do business in the State of Florida ,. are held and firmly bound unto INDIAN RIVER COUNTY ( hereinafter called the . _ OWNER ) in the penal sum of F i v e Percent of Bid Amount Dollars ($ 5 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 . .Wliereas said -Principal- is herewith submitting a Bid dated ` March 3 2004 Jbr the construction of: Project Name : 41h Street Widening U .S . 1 to West of Old Dixie - County Project Number 9205 Project Address : The project location 41" Street from U . S . 1 to West of Did Dixie Vero Beach , Florida ProjecUDescription : Construction of Widening and Drainage Improvements NOW THEREFORE , the condition of the above obligation is such that if the Principal does not wI hdraw said Bid within the . period of time set forth in the Bid Documents , and on or before the fifteenth day after 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 materialmen , then this obligation shall be null and ., q7oid .= Other " se , the �rincipal and Surety, jointly and severally, shall on or before the TJA4 ieth day after -request by the OWNER , pay to the OWNER in money, the difference between the amount specified in said Bid and the amount for which the OWNER may procure the`required work if the latter amount is greater than the former, together with any expense and reasonable attorney fees , including appellate proceedings , incurred by the OWNER if suit is brought hereon , but in no event shall Surety's liability exceed the penal sum hereof plus such expenses and attorney' s fees . 110 IN WITNESS WHEREOF , the above-bound parties have executed this instrument under their several seals this 2 7 day of February , 20 04 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. 5104/01 BID BOND 0430 - 1 F :\Public Works\Capital Projects\Fourth Streot-Old D1x1e-US1 \CONTRACT DOCUMENTS\00430. 131d [3ond .doe 4* *iiiwr.errrw ## kNNNriNNRRNerRfrrRre# kkN*RNNtYRtRtrrrrr t+erraeRRwwxtwrwwwr *xkor * NwNNMNMf WtMRkr < Rawxrxrwwr#* k ► *# ARRwiwrww WHEN THE PRINCIPAL IS AN INDIVIDUAL ; Signed , sealed , and delivered in the presence of: Witness Signature or Individual Address Printed Name of Individual ww , ,.Witness Address #*iRwarrrwwr##*#####N*iNitirrtrrr# R#*#* NN#NNRRRxrrrtrrtw#**## *##*###NNNN4NNNRtRRRRNRrRrxwrR* #*#NNNRNRNRNIfR'Rrr:rr _ * 14E WTHE PRINCIPAL IS A4SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE 41AME ' signed , sealed and delivered in the presence of: WWLitness Name of Entity BY: - Address . Principal Printed Name of Principal Witness k EAL ) Address [The remainder of this page was left blank intentionally] '- *wr* w#**#*#iiNN9• Mt#iRtrtrRrr#k ** NNNNRRifrrrrx#* ##*##NNt# NhItNNRRRRRrttrwwrrrwwww*#r**Mr#kN#wNMirerwewwrrxr#*## * iiR 5/04/01 BID BOND 0430 -2 F:\Publ [c Works\Capital Projects\Fourth Street-Old D1x1e-US1 \C0NTRACT DOCUMENTS\00430- Bid Bond .doc +NKFW THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner '5awitness (SEAL) Address sewwxxxKwxwww# wrVVKV• M #WW***** # rwrx #,w� eKwwrxtVKKVVWWKV****#wKKwKw WWMWV** #rww=rKKrVVWKWVWWWWxk**fewferwfwrxrKVWWKWW* VHEN THE PRINCIPAL (S A CORPORATION : Attest: Timothy Rose Contracting , - • Ince Secretary Name of Corpo ' n' BY: - �- (Affix Corporate SEAL) Printed Name -" - Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am 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 00of said corporation : that I know his signature , and hissignature thereto is genuine ; and that said Bond was duly signed , sealed and attested forand on behalf of Said corporation by authority of Its governing body, tiOOZ 'Z t 3�+emd Qandx3 ��� Secretary M)i V &M � POel TO BE EXECUTED BY CORPORATE SURETY: 5/04/01 BID BOND 0430•-3 F:%Public WorkslCapital Prolocts%Fourth Streel-Old Dixie-US1 \CONTRACT DOCUMENTS100430- Bid Bond .doc i Afest: Developers Surety & Indemnity Company S oretaFy Wi t n e- s s Corporate Surety 150 South Pine Island Road , Ste 115 R-1 a n/t7l tion FL 24 Bust es dd ss BY. Robert Barra Attorney in Fact & Florida r Resident Age t _ ffix C rp rate SEAL) AttomeyAn-Fact Robert Barra Bob Barra Bonds , . Inc . _ Name of Local Agency 9373 West - Sample Road Ste 206 - Coral Springs , FL 3305 Business Address STATE OF FLORIDA - COUNTY OF INDIAN RIVER Before me , a- Notary Public, duly commissioned , qualified and acting , personally appeared r R o b e r t Barra , tome well known , who being by me first duly sworn upon oath , says - - that he is the attorney-in-fact for the nd that he has been authorized by _ to exeut6 ' tNfl8edgb1ng bond on behalf of the CONTRACTOR named thereTh6ih Y6W f the County of Indian River, Florida . Subscribed and sworn to before me IPthis 27dayof February , 20 04 Notary. ublic, S a of Florida,,,,,„ C�A1C C_ O,A � NANCY L CARMAN L * My commission CC954990 My Commissipn Expires : Gt �� a, ; u'o I *� �`•a;;,,�+`� Expires August 25v2004 wwrwwwwwwwwwwrwwwwrrww*r*rrrrrrw** k*ii *iiiYt**i *iti' klri'f{WMiiii*i*iiw*rrr*rrwwrrrrrrwrrrrwrr*w* wri **i* r* Rw**i *ifii ►i Any claims under this bond shall be addressed to : Name and address of Surety: Developer Surety & Indemnity Company 150 South Pine Island Road , Ste 115 Plantation , FL 33324 5/04/01 BID BOND 04304 F:\Public Works\Capital Proiecls\Fcurth Street-Old Dlxlo-US1\CONTRACT DOCUMENTS\00430- Bid Bond .doc Name and address of agent _ or representative in Florida if different from above : J Bob Barra Bonds , Inc . i9373 West Sample Road , Ste 206 1 Coral Springs , FL 33065 Telephone number of Surety and agent or representative in Florida : 9( 5 4 ) 2 5 5 _ 9855 � , • " END OF SECTION _., ,� : i J 5/04/01 BID BOND 00430=5 F:\Publlc Works\Capital Pro)octs\Fourth Street-Old Dixie-USI \CONTRACT DOCUM[NTS\00430• Bid Bond .doc 1 , 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 , I . This sworn statement is submitted with Project No . 9205 for 4th Street Widening from U . S . 1 to West of Old Dixie 2 . This sworn statement is submitted by whose business address is 126loD SAA1 C) Ild DUL1110, 61 I \1 vpPn_ Qn ' t- 0 (oa and (if applicable ) its Federal Identification No . ( FEIN ) is If entity has no FEIN , include the Social Security Number of the individual signing this sworn statement: 3 . My name is �i0 and my relationship to the entity named above is ;!,71 A 014 4 . 1 understand that a " public entity crime" as defined in Paragraph 287 . 133 (1 ) (g ) , Florida Statutes , means a violation of any state or federal law -by a person with respect to , and directly related to , the transaction of business with any public entity or with an agency or political subdivision of any other state or 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 ( I ) (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 (1 ) (e ) , Florida Statutes , means 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 - Public Entity Crimes Affidavit j 00450 - 1 1 \00450 - Public Entity Crimes At�idavit.doc F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS 8 , 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 applies ) Neither 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. Pof 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 or, pending with , the Department of General Services ) Signature Date :* STATE OF L COUNTY OF T Personally appeared before me , the undersigned authority, J who after first being ^sworn by me , affixed his/her signature in the space Fac vided above on this day of ). � 1L1 rCh 9 20 o Notary Publi St to at large Z Z� C)5 My Commission Expires : OJAQ * * END OF SECTION 00450 - Public Entity crimes Affidavit 00450 - 2 FAPublic Works\Capital ProiectsWourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00450 - Public Entity Crimes Aflidavit.doc SECTION 00452 - SWORN STATEMENT UNDER SECTION 105 . 081 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 . 9205 for 4th Street Widening from U . & 1 to West of Old Dixie (� 1 . This sworn statement is submitted by: t�'h �s 1d5bc CQEAt"2L i1U IpC (Name of shtity submitting sworn statement) %..J whqse busi{n�e�s�s �address is : 13to0 ,CrLo Cxu TX X le kAu 4 3gq Ion and (if applicable ) its Federal Employer Identification Number ( FEIN ) is 1Q ,'; 4)Q < a4a ( If the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement ) • 2 . My name is ')S 1' n pyo h w b� (Please_ print name of Ind dual signing) and my relationship to the entity named above is Psi Aon r- 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 . I 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, father4n-law, mother in- law, daughter4n4aw, son-in-law, brother-in-law, sister4n-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 applies .] .z Neither 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 1h 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 - Disclosure of Relationships 00452 - 1 _. ., _ . . ._.._. . __.._. . .-.� . . . c....e•_ro.+ n villi IAINCONTRACT DOCUMENTSX00452 - Disclosure of Relationshlos.doc Rev. 05MI Name of Affiliate Name of County Relationship or Entity Commissioner or employee 1 . 2 . 3 . 4 . 5 . 6 . 7m 8 . gnature) (date) STATE OF I D tt C . COUNTY OF .LNA lC( l\ 1 V CE Personally appeared before me , the undersigned authority, :j:1 MnAj, u L)Se� who after first beingsworn by me , affixed his/her signature in the space prjvided above on this _ day of C Y li't CCV) , 2054L'04 . RAYA OL +A0 U Notary Publi , S to at large My Commission Expires : * * END OF SECTION i i i 00452 - Disclosure of Relationships 00452 - 2 F:\Public Works\Capita{ Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\00452 - Disclosure of Relationships.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 . 9205 for 4t' Street Widening from U . S . 1 to West of Old Dixie 2 , This Sworn Statement is submitted by 1 (Leg ame of Entity Submitting Sworn tement) hereinafter " BIDDER" T e BIDD ' s address is I ?)too SIA \ U ( O D )x l-ltct � BIDDER's Federal Employer Identification Number ( FEIN ) is 3 . My name is �� et) ,V, _ and my relationship to the BIDDER (P 'nt Na ' e of Indivl ualSigning) is PSI n ( osition orTitle) 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. seq . 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 and agrees to indemnify, defend and hold harmless the OWNER and ENGINEER , and any of their agents or employees , from any claims arising from the failure of the BIDDER to identify applicable standards or to comply with said standards . As specific consideration for the indemnification above , the OWNER agrees to give the BIDDER twenty-five dollars ($25 . 00 ) , which the OWNER agrees is paid on behalf of all parties indemnified hereinabove . pq 6 . The BIDDER has allocated and included in its bid the total amount. of $ y� , 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 foil wing specific method ) 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 00454 - Florida Trench Safety Act 00454 - 1 F:\Public Works\Capital Proiects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00454 - Florida Trench Safety Act.doc ENGINEER shall have no responsibility to review or check the BIDDER' s compliance with the Trench Safety Standards . 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 met od ( s ) of compliance on this Project: rPaz 1- 1d 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. BIDDER : By: Position or Title : "Prf5 i e- M Date : STATE OF � lo � ida 1b COUNTY OF ::Pi Personally appeared before me , the undersigned authority, ►' 10�— who after first bei n sworn by me , affixed his/her signature in the space vided above on this day of i2('Xl , 20 Off. Tammy A Howard UR My Commission DD049055 Notary Public, t to at large7 � �� 4 .0 Expires August 12, 2005 My Commission xpires : ' Z I zoos * * END OF SECTION 00454 - Florida Trench Safety Act 00454 - 2 c,.-oet n1f1 T )ivir_TTRiVYINTRArTT- (nrTTKAT'NTR\nndSd _ MnriAa Trench SaferiAct.doc 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 . with Pro Documentation Submittedj� ect No : 9205 Project Name : 4th Street Widening from U . S . 1 to WesUof Otd Dixie 1 . Bidder's Name / Address : I IO 1 YC, C41 2 . Bidder' s Telephone & FAX Numbers : ( 992) asL4- . S00 Pbqlie l 1 --7 3\ b 121N AAX 3 . Licensing and Corporate Status : a . Is Contractor License current? tIVS b . Bidder's Contractor License No : [Attach a copy of Contractor's License to the bid] 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 ? RD [ 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? N � [ 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 - Qualifications Questionnaire 00456 -t F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00456 - Qualifications Questionnaire.doc a 9 : Has the firm ever been charged with noncompliance of any public policy or rules ? .41 [ 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. ] 10. Attach to this questionnaire , a notarized financial statement and other information that documents the firm ' s financial strength and history. 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 . SZL 13 . Name of person who inspected the site of the proposed work for the firm : Name : i 1'Y16 - 'h _ Date of Inspections : 44ZZ24. 14 . Name of on-site Project Foreman : '111aCrOrin 4 — Number of years of experience with similar projects as a Project Foreman : ILU 15 . Name of Project Manager: 9f�7? �'1 Number of years of experience with similar projects as a Pi=oject Manager: I 5u0 . 16 . What is the firm's bonding capacity? [The remainder of this page was left blank intentionally] I 00456 - Qualifications Questionnaire 00456w2 C#r^n+_nJH niviA-i 1c11nnNTPAr.T nnr.1 IMFNTR\n0456 - Quaiifications Questionnaire .doc Current Work Load Start Date : 02/02/2004 End Date , 03 /03 /2004 Project Date OpenedProject # Contract Sum Completed This Period Retainage Comp. Less Remaining Black Bear Reserve 12/17/2003 3253, 848. 00 $ 1632299. 00 $412173 . 00 $ 16,329. 90 $ 146,969. 10 $90,549.00 Eckerds Oslo Road 10/04/2003 $ 1142807.00 $ 114, 807.00 $39,403 . 00 $0 .00 $ 114,807. 00 $0 . 00 Grand Oak Estates 02/25/2004 $247, 114.00 $ 1252000. 00 $ 125,000. 00 $ 12,500.00 $ 1123500. 00 $ 1222114 . 00 Old Savannah 05/30/2003 $6433341 . 75 $6313384. 75 $50,466. 00 $632138.48 $568,246. 27 $ 112957.00 Parrot Bay Estates 01 /21 /2004 $4122475. 00 $214,292. 00 $ 1397500.00 $212429.20 $ 1925862. 80 $ 1982183 . 00 Pocahantas Park 02/25/2004 $51 ,835 . 50 $402144.00 $402144. 00 $0 . 00 $402144. 00 $ 112691 . 50 St. Andrews Pointe 05/05/2003 $ 1 ,4092572.00 $ 1 ,2582925 .40 $44, 144.40 $62,946.27 $ 1 , 1952979. 13 $ 1502646. 60 Stuart Pointe Apartments 01 /22/2003 $ 1 ,7962375.00 $ 1 ,778, 137. 12 $ 187,339. 92 $88,906. 85 $ 12689,230.27 $ 185237. 88 Treasure Cay Properties, LLC 06/24/2003 $724,885.25 $330, 852.22 $ 1072000. 00 $337085.22 $2972767. 00 $3942033 .03 Walgreens 02/25/2004 6704 $5832565. 00 $472500. 00 $472500. 00 $42750.00 $422750. 00 $5362065 .00 Grand Totals: $6,2375818. 50 $42704,341 .49 $821 ,670. 32 $3039085. 92 $4,4017255. 57 $ 125339477.01 Wednesday, March 03, 2004 Page 1 of 1 [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 contrract By: ( Signature ) ( Position or Title) ( Date ) * * END OF SECTION 00456 - Qualifications Questionnaire 00456 -4 F:\Public Works\Capital Proiects\Fourth Street-Old Dixie-USI \CONTRArT nort IMFNTc\nnaFr, - r)iialifira +innc r)i aaefinnn. i.e f4n, 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 the OWNER 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 . 9205 for 41h Street Widening U . S : 1 to West of Old Dixie . Work to be Performed Subcontractor's Name/Address. 1 . 4 6 re >KlVie. 210'2) 0 n Pao 1 n 6L, Ann a e, - yisr� �Iaa s 0 - P.eeco 3 . � n (,L 1`7r�oCtt UTC / 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 00458 - List of Subcontractors FAPubkWorkslranitalPrniP.dsXFrnlrthiClrenl-nidniviaji.C1V:ntJTAAr.TnnrnRAMMMInn. eo .-. _re. . _ _ . . -_ CONTRACT FORMS SECTION 00520 - AGREEMENT SECTION 00610 - PERFORMANCE BOND SECTION 00612 -- PAYMENT BOND SECTION 00620 =- SAMPLE CERTIFICATE OF INSURANCE [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 Agreement 00520 - 1 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00520' - Agreement.doc SECTION 00520 - AGREEMENT TABLE OF CONTENTS ITitle Page ARTICLE1 — WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2 — THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE3 — ENGINEER . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 4 — CONTRACT TIMES , , . . . . , . " . . . 11 . . . . . . . . . . . . . . . s * * o9o9 * s * o - * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ' ARTICLE 5 — CONTRACT PRICE . , . , . . . . . . ' ARTICLE 6 — PAYMENT PROCEDURES , " , . . . . . . I . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' ARTICLE 7 — INDEMNIFICATION " , ' , " " , . , . , . . . . . . . . . . . . . . . . 68909906o . se . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' ARTICLE 8 — CONTRACTOR' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' ARTICLE 9 — CONTRACT DOCUMENTS . . , " , . " . . , " . , , . . . . . . . . I ' ll , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 — MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] ' 00520 - Agreement (Public Works ) Rev 00520 - 1 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00520 - Agreement (Public Works) Rev.doc Rev. 05/01 SECTION 00520 = AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY , a Political Subdivision of the tState of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER) ' and I mo 05C coyfvfq� (IIA , �xic , Old 1 , :� klv (hereinafter called CONTRACTOR) , 5 , } I \,�, _ b 6 ,e F - j Zr1 (6, Z 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 : Widening and Drainage Improvements For 4th Street U . S . 1 to West of Old Dixie ' 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 : 4th Street Widening U . S . 1 to West of Old Dixie ' County Project Number: 9205 . Project Address : 4th Street U . S . from 1 to West of Old Dixie Vero Beach FL 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. 4 . 02 Days to Achieve Final Completion and Final Payment ' A. The Work will be substantially completed on or before the 180th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General ' Conditions (and Supplementary Conditions if applicable ) , and completed and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions (and supplementary Conditions if applicable ) on or before the 210th day after the date when the ' Contract Times commence to run . ' 00520 - Agreement (Public Works ) Rev 00520 - 2 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00520 - Agreement (Public Works) Rev.doc Rev. 05/01 4 . 03 Liquidated Damages 1 A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times ' specified in paragraph 4. 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions (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 ' $500 . 0 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 $300 . 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. ' ARTICLE 5 = CONTRACT PRICE ' 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 .A and summarized in paragraph 5 . 01 . 13 , 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 . 120 , 673 . 00 ' Written Amount: ONE MILLION , ONE HUNDRED TWENTY THOUSAND , SIX HUNDRED SEVEN Y•THREE DOLLARS AND ZERO CENTS ' 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 (and Supplementary Conditions if applicable) . Applications for Payment will be processed by ENGINEER as provided in the General Conditions (and Supplementary Conditions if applicable ) . 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 Supplementary Conditions if applicable) (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 : ' 00520 - Agreement (Public Works ) Rev 00520 - 3 FAPublic Works\Capital ProjectsTourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00520 - Agreement (Public Works) Rev.doc Rev. 05/01 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 (and Supplementary Conditions if applicable ) : 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 (and Supplementary Conditions if applicable ) , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said ' paragraph 14 . 07 . ARTICLE 7 = INDEMNIFICATION ' 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification ) of the General Conditions (and Supplementary Conditions if applicable ) 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 . ' 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 are included on the plans . E . CONTRACTOR 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 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 ' 00520 - Agreement ( Public Works) Rev 00520 - 4 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\00520 - Agreement (Public Works) Rev.doc Rev. 05/01 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 . tH . 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 . Section 00610 - Performance Bond (pages 00610- 1 to 00610-6 , inclusive) ; 3 . Section 00612 - Payment Bond ( pages 00612- 1 to 00612-6 , inclusive ) ; 4 . Section 00700 - General Conditions (pages 00700- 1 to 00700-45 , inclusive ) ; 5 . Section 00800 - Supplementary Conditions ( pages 00800- 1 to 00800- 12 , inclusive ) ; 6 . Specifications as listed in the Table of Contents of the Project Manual ; 7 . Drawings consisting of sheets numbered 1 through 28 , inclusive , with each sheet ' bearing the following general title : " 4th Street " ; 8 . Addenda (numbers Ito Z , inclusive ) ; ' 9 . Exhibits to this Agreement (enumerated as follows ) : ' a . Section 00550 - Notice to Proceed (page 00500- 1 ) ; b . Section 00310 — Bid Form (CONTRACTOR's Bid ) ( pages 00310- 1 to 00310- 10 , inclusive ) ; ' c. Section 00450 — Sworn Statement Under Section 287 . 133 , Florida Statutes , on ' Public Entity Crimes ( pages 00450- 1 to 00450-2 , inclusive ) ; ' 00520 - Agreement (Public Works ) Rev 00520 - 5 F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00520 - Agreement (Public Works) Rev.doc Rev. 05/01 d . Section 00452 - Sworn Statement Under Section 105 . 08 , Indian River County ' Code , on Disclosure of Relationships ( pages 00452- 1 to 00452-2 , inclusive ) ; e . Section 00454 - Sworn Statement Under the Florida Trench Safety Act ( pages ' 00454- 1 to 00454-2 , inclusive ) ; f. Section 00456 — Qualifications Questionnaire (page 00456- 1 to 00456-4 , inclusive ' including 0 attached pages ) ; g . Section 00458 — List of Subcontractors ( page 00458- 1 ) ; h . Section 00622 — Contractor's Application for Payment (pages 00622- 1 to 00622- _, inclusive ) ; ' i . Section 00632 — Contractor's Final Certification of the Work ( pages 00632- 1 to 00632-2 , inclusive ) ; Section 00634 — Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634- 1 ) ; ' n . Documentation submitted by CONTRACTOR prior to Notice of Award ( pages to ., inclusive ) ; >,IA 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 ) . B . The documents listed in paragraph 9 . 01 . A are attached to this Agreement (except as expressly noted otherwise above ) . Co 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 (and Supplementary Conditions if applicable) . ARTICLE 10 - MISCELLANEOUS ' 10 . 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions (and Supplementary Conditions if applicable ) . 10 . 02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be ' bound ; and , specifically but without limitation , moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the ' 00520 - Agreement (Public Works) Rev 00520 - 6 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00520 - Agreement (Public Works) Rev.doc Rev. 05/01 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 parry hereto , its partners , successors , assigns , and legal ' representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents . t10 . 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 . [The remainder of this page was left blank intentionally] ' 00520 - Agreement ( Public Works ) Rev 00520 - 7 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00520 - Agreement (Public Works) Rev.doc Rev. 05/01 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 n. 20D' (the date the Contract is approved by the Indian River County Board of CoLMty Commissioners , which is the Effective Date of the ' Agreement) . OWNER: CONTRACTOR : ' INDIAN RIVER COUNTY TIMOTHY ROSE CONTRACTING , INC . ' r By: z � B 4,��rGe� �J y: Caroline D . Ginn , C airman (Contractor) ' By: C (CORPORATE SEAQ_) osephliA . Baird , county Administrator v Attest APPROVED AS TO FOP 4 AND LEGAL SUFFICIENCY: 1 By: Mil A 't - 10 � William G . Collins , II , County Attorney Address for giving notices : Jeffrey K. Barton , Clerk of Court ' License No . Attes . (Where applicable ) Deputy e (SEAL) Agent for service of process : ( if CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) ' * * END OF SECTION * * Indian River County Approved Date Administration o? 9po ' Budget J Co . Attorney 2 ' Risk Management egaq Department CD Division Z(P ' 00520 - Agreement (Public Works) Rev 00520 - 8 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\00520 - Agreement (Public Works) Rev.doc Rev. 05/01 y 1535574 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERyA CIRCUIT. ° COURT INDIAN RIVER CO FL , BK : 1721 PG : 466 , 04 / 22 / 2004 01 : 23 PM PUBLIC WORKS BOND ' THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND ISSUED IN COMPLIANCE WITH CHAPTER 255 . 05 FLORIDA STA "I I TES . ' BOND NiO. 532033P CONTRACTOR NAME : Timothy Rose Contracting InC CONTRACTOR ADDRESS : 1360 SW Old of x l e Hwy Uero Beach , FL 32962 ' CONTRACTOR PHONE NO. 7 ' 2 " 2 } 5 6 4 - 7800 SURETY COMPANY : OevelopersSurety and n emnity Company �) 01.lth Pine Island Koad , Ste lit P antation , L 3 24 X954 693 - 0270 OWNER NAME : Indian River Count ' OW NER ADDRESS : 1840 z5thStreet Vero OWNER PHONE NO. j ' OBLIGEE NAME : ( If conuactinR entity — ts differcnr from tilt owner. the contracting public entire OBLIGEE ADDRESS: ' OBLIGEE PHONE NO. ( I BOND AMOUNT: E1 _ 400 a 841 20 CONTRACT NO. (If Applicable) Pt 0 _lert # 9205 DESCRIPTION OF WORK: 4th Street Widening U . S . 1 to West of ^ ld ' Dixie _ PROJECT LOCATION : VeroBeach , FL LEGAL DESCRIPTION : ' FRONTPAGE ' ( .ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANN. PAGE NUMBERS THAT MAY BE PRE-PRINTED THEREON) ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK ' BK : 1721 PG : . 474 f 532033P I SECTION 00610 - PERFORMANCE BOND KNOW ALL MEN BY T -iESE PRESENTS ' , THIS BOND , we Timothy Rose Ccrtract * ry , : ,rc : 44360 Sw C . d ixte Hwv , 'iar Beacn > = L _ : 02 I 772 564 - 7800 3 ' (In'ert name , pnnnpaf Du5ine55 addrelssI and telephpne number pf PrincipaXonvactoraS Principal (Contractor) . anc . ZeveloDers Surety and Ind rrnit Co DIP anv 350 South vine lslnd Road St e 115 Plantation F 1 33324 954 693 - 0270 ( Insert name ,. prinapai business address, and telep none number of Surety) a corporation, as Surety, are 1Teld . and firmly bound unto the County of Indian River, Florida , 1840 Fio , 25th Street, Vero Beach , rida 32960 , ( 561 -567-80001. amounsum of Dg i lug nedFoPo unf� �� dando �r� � Q � O Dollars ($ 1 , 400 841 . 20 ) amounting to 125ya/ o the to rbldpnce, r ttia aya n o s io sum we bind ourselves, our heirs, executors , administrators and assigns , jointly and severalty, for the faithful performance of a certain written Contract, dated the 26 day of M a r c h ' between the Principal and the County of Indian River, for: 20 0 4 entered into Bond Number: 5 3 2 0 3 3 P Project Name : 4 Strom eet Widening from U .S . 1 to West of Old dixie ' County Project Number 9205 Project Address: The project is located at 4w' Street and U . S. 1 Vero Beach FL . ' Project Description : Construction of widening 4 '" street and drainage improvements . A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully ' copied herein . Frorida Statutes Secton -255 . 05 (2002), as amended from time to time , together with alrnM61ice and time provisions,contained therein , is incorporated herein in its entirety by the reference . tVOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Principal shall in all6 respects THE 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 S'Uch alterations as may be'made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses , damages, injury or conduct, want of care of skiN , 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 Principal , and further, if the Principal shall promptly make payments to all who supply him with labor and/or 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 5/04/01 PERFORMANCE BOND F:%Public worksicapltal Prptoct$%FouM Slreel-Ola Duie-US1tCONTRACT DOCUMENTS`'" 10 - Performance Sontlsaoc_1 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARYON . CLERK BK : 172 ' PG : •475 River may be obliged to pay for the completion of said Work, by contract or otherwise , and any da ^ ages , vrnett� e - direct, indirect, or consequential . Including reasonable attemey's fees ; including apDel ate prcceeci ^. gs ) , which the County of Indian River may ircur as a result of the failure of the Principal to . cpery execute all of the provisions of the Contract . .ANC , the sa c Principal and Surety hereby further bind themselves , their successors , executors, admin strators and assigns . jointly and severally, that they will amply and fully protect the County of incur) Riveraga: nst , and will pay any and all amounts , damages , costs and judgments which may be •ecovered 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 from 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 furnished orwork done , as aforesaid or otherwise . ' Incipal 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 . �rindpa1 and Surety acknowledge that any such provisions fie within their obligations and within the policy coverages and imitations of this Bond . AMD , the said Surety, forvalue received , hereby stipulates and agrees that no change, extension of time , alteration or addition to the terms of the Contract orto 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 r addition m the terms of the Contract or to the Work or to the Specifications or Drawings. AND , the saic 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 Final Completion ' as established on the Certificate of Final Completion as issued by the County of Indian River. IttWITNESS WHEREOF, the above bound parties executed this instrument under their several seals , this 26 day of M a r c h 20 0 4 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. ~ [The remainder of this page was left blank intentionally] r~ ` .. . .. .•.. . .o•. • .•.•. •••r•ar♦a ••a•• e••►n.•fr•••.••• •.. ... .... •.• .• . •aa• ••aa• ••a•aa•uef •a •aa••.•••••••..•.•.•... , . WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed , sealed , and delivered in the presence of: 5/04 /01 PERFORMANCE BOND 00612-2 FAPuO11c 'Workncaoil.91 ProlecmFowm Slresi-OW Dixie-US1kCONTRACT DOCUMENTS100610 - Pe60o nea aond. doe A TRUE COPY CERTIFICATION ON LAST PAGC � . CARTON , CLERK BK : 172 : PG : . 476 ' 'Witness Signature of Individual Address Printed Name of Individual Witness --Address � ` ,v,w •,ay.,,,,, w,v.vH• u.ru.fbH.a.MwN..aa..rw..a.Ya...bu.....MH..o H..r..ur.r. ,r. .. .o. • ' ENTHEPRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE -*AME: -Signed , zealed and delivered in the presence of: Witness Name of Entity BY: Address Principal Printed Name of Principal Witness (SEAL) Address ' [The remainder of this page was left blank intentionally] WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: ' 5/04/01 PERFORMANCE BOND 00612-3 F:1Public •WorkslCapital ProjeotsVounh Street-0b Db dao-USI%CONTRACT DOCUMENTSW0610 - Performance Sona .doc r �. TRITE COPY 7 0td . CLERK BK : 172.1 PG : 477 Witness' BY .Name of Partnersh p _ Accress Partner rPrlrted Name of Par. - er Witness (SEAL ) Address -YiHabf�fa�f f� Meaaa��aa �fa �a� eHfw HfaaM� aaf faa�a�ea aa���H♦ aaataaa fe •a��•Nffta „ Hff f�f as Hfa��aNHa�� as =_WHEN THE PRINCIPAL IS A CORPORATION : -Attest_. - Timothy Rose Contracting , Inc . _ Secretary Name of Corp 7 BY: r — (Affix Corporate ` . � � � � U t •C� Printed Name Official Title CERTIFICATE A$ TO CORPORATE PRINCIPAL "I. certify that I am the Secretary of the corporation nagVd as Principal in the within bond; that who signed the said bond c'n behalf of the Principal was then of said corporation : that Know his signature, and his signature thereto is genuine; and that d was duly ed , sealed and attested for and on behalf of Said corporation by author' t r y. ' S etary (SEAL) TO EXECUTED SY CORPORATE SURETY: Attest: B Developers Surety and Indemnity Company > � t n e s s Corporate Surety 150 South Pine Island Road , Ste 115 Plantation , FL 33324 5/04101 PERFORMANCE BOND 00612-4 F:Public Works%Capllal ProjecLffcuM street-04d Dlale-USIICONTR ACT DOCUMFNTSM610 - Pcrformanae Bond.doc ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 172y PG : . 478 � r . Busi A res ' BY: 20 ert Barr (Affl C porate SEAL) Attorney-In- act o e r a r r a Bob Barra Bonds , Inc , u ' M Name of Local Agency 9373 West Sample Road Ste 2 5 Coral Springs , FL 33065 a , • — tea;= ` Business Address STATE OF FLORIDA ^" COUNTY OF INDIAN RIVER ' ■ -Zefore me a Notary Public, duly commissioned , qualified and acting , personally appeared Robert g a r r a y to me �IYV�r�o+�vpr��v�ttOytiSein�tty me first duly sworn upon oath , says t t he is a ttome -in-fact for the ) n A a In n 1 N n - ynd that he has been authorized b A - ac h e �o w e r 01 to execute the foregoing bond on behalf of the CONTRACTOR Af nrnoy - named therein in favor of the County of Indian River, Florida . Subscribeft and sworn to before me _this2 6 day of March 120 04 Nota ublic, State of Florida r • My Commission Expires : • • • • • e • • • • • • • • • . . • . . • • • • • • • • • • • • • • • u • • • • u • • • • • • • • • • • • ll • • x • an • • • • • • • • • • • • • e Js%L TrnmyAlleiwd I J M' Canmiwm D004M � ✓ E*UM koo 121006 r ■ I r 1 ■ ' . 5/04/01 PERFORMANCE BOND 0061205 FAPu01ic'Worki\Cap1tM ProjectffouM Street-Old Dixie-US1tCONTRACT 00CUMENTSUM10 - P*rWmante 0ond.doc ■ A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1721 PG : . 479 ' • Any claims under this bond shall be addressed to : - Nerce and address of Surety: ' Developers Surety and Indemnity Company I5C South Pine Island Road , Ste 115 ' Plantation , FL 33324 Name and address of agent _ _- or representative in Florida ' if different from above : Robert Barra Bob , Barra Bonds , Inc . ' 9373 West Sample Road Ste 2066 Coral Sorinos FL 33015 Telephone number of Surety and — agent or representative in Florida : 0 5 4 ) 6 9 3 . 0270 954 - 255 - 9855 • END OF SECTION d' N 5/04/01 PERFORMANCE BOND 00612 -6 frlPublic Workc�CaDjtaI PrvjeetslFourth Street-0id DiziallStCONTRACT OOCVMENTSl00610 - Performonce Bond.docd.doo 4 a TrPUE COPY " r. ! IF ! C T . ON ON LAST PAGE " TCiV , CLERK BK : 1721 PG : . 480 TERRORISM RIDER NOTICE-FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act") , will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism ' losses exceeding a statutorily established deductible to the insurance company providing this bond . The portion of your annual premium attributable to certified acts of terrorism under this bond is $0 . 00 . COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act . The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. 1 A TPUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1721. PG : .481 ' 532033P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY ' PO BOX 19725, IRVINE, CA 92o23 • (949 ) 263- 3300 www . InscoDico cum !% SVW ALL, MEN Bt ? HESE PnESEti TS . h. , iesee ; . r rNpfes ,. hrnurd . DEtt ELOFERS SI R . I 4 •. _ . '. CEA! +. ! Tl" CCS.? P4VY docs tere ` v maAr. .., n . t iCe . aid ., ppomr " "' Robert Barra ' * ' as is true and lawful Anorne y(s )-in- Fact, to make. cAccute, deliver and acknowledge, for and on behalf of said corporation as wren . bonds, undertakings and ' contracts of wmixahip giving and granting unto said Attorney(%)- in- Fact tufa power and authority to do and to perform every act ne"' ssary , requisite or proper to be done in connection thereto nh is the corporation could du, but reserving to the corporation full power of sabsfitunon and revocation, and all of the acts of said Allorney (s )- m- F_ct . pursuant to thew• presents, are herehv ratified and confirmed. This Power of Anomey is granted and is signed by faLsimile under and try authority of the following resolution adopted by he Board of Directors of DEVELOPFRS SURETY AND INDEAINITY COMPANY effective as of November I , 2(Ak): RESOLVED, Thor the Chapman of the Baird, the President and any Vice President of the corpuraiion be. and ma each of them herehv is , authorized W exccutc Powers of Auorney . yuilifving the Anorne) ( sftn- Fact named in the Powers of Auorney m execute . on behalf of the corporation. hund%, undenakings and :cnuacts of suretyship: and that the Secretary of any Anutan Secretary of the corporation be. and each of them hereby is, authorized to attest the cxccuttoa of mw such Power til Anornev : RESGLI ED. FURTHER. that the signatures of such otticer% man he artiaed to .mv wch Power of Anoniri ur to •uiv cerrncate relating thereto by Iarsumle . JAJ anv such Power of Avontey or certificate heart,,., wch Ittutmile vgnifureN shall be valid and binding upon the corporation when w atftsed and to the future with respect to any bond. undertaking or contract of suretyship to which it is anached . IN wi rNESS WHEREOF. DEVELOPERS SURETY AND INDEMNII)i COMPANY has caused ihrse presents to be ,; gucJ os in respectiye Execuri . r V idc Preview and arrested by its Secretary this 7th day of Nosenobei , 21X11 Bs Day .d H Rhodes. Executive Slr. President ' yJQ;`pRPORglcs' `cq'=, s ua OCT Fi3 ' ? o : 1936 ` a Wulier A . Crowell. Sccreraq ;•p0 .............. ),� o• STATE OF CALIFORNIA ) `. " . • ' COUNTY OF ORANGE ' 0 On November Z, 2001 . before me, Antonio Alvarado, pcounal1% appeared David H . Rhodes and Waiter A. Crowell, personbltg kno%%, h,t (orq n proved to me on the basis of %atistanory evidence) to be the prrsuns whose names are subscribed to the within msuumcnt and acknowledged to me ^ 1; executed the same in their authorized capacities, and Thal by their signatures on the instrument the entity upon behalf of which the persona acigd, .e 1. 1 thpyy14, instrument . WITNESS my hand and official seal ",seen ANTONIO ALVARADO / _ D COMM. a 1300309 f �i ORANGE COUNTY s Notary de a y Pu - Ca iforr fay Co Esprea APRIL 10. W CERTIFICATE ' The undeisigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY' . does hereby certify that the foregoing Power of Attorney res in full foice and has not been revoked, and furthermore, that the provisions of the resolution of the respe:nve Boards of Directors of said corporation set forth in the Power of Attorney, is in Wrce as of the date of this Certificate . This Cenaicaie is executed in The City of Irvine C'ajitUfiLJ. he 26 div of Ma r C h 2004 1 � By (,- j2b David G. Lazne . Chief Operating Officer ' 0- 1438 (DSI) ( 11 /01 ) STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THA4r ?M Ig A TRUE AND CORRECT Copy OF TW ORIGINAL ON FILE IN THIS OFFICE, M 41 amp ,, : r DATEIf SiS. BK : 1721 PG : . 467 1 532033P SECTION 00612 • PAYMENT BOND ' KNOW ALL MEN BY THESE PRESENTS _ BY THIS BOND , we Timothy Rose Contracting , Inc , 1360 SW Old Dixie Hwy , Vero Beach , FL 62 (1' 772 ) 564 - 7800 as Principal (Contractor) , (Insert name • principal business address , and lelophone number of PrincipaUContractor) ' and Developers Surety and Indemnit Company 150 South Pine Island Road .- to 115 , Plantation , FL 33324 ( 954 ) 693 - 0270 ' _ : - , 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)0 ' fithe sum ofR M "o d t and Dollars ($ 1 , 120167) x . 00 amounting to 1 % o e Oil bid price . or he payment o sai 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: — Bond Number. 5 3 2 0 3 3 P Project Name : 4`" Street Widening from U.S . 1 to West of Old Dixie County Project Number 9205 Project Address: The project is located at 4" Street and U . S. 1 Vero Beach FL. Project Description : Construction of Widening 4th street and drainage improvements . A copy of said Contract is incorporated herein by reference and is - made a part hereof as if fully copied herein . -New , THEREFOR{:, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that, 4tthe 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 Contract. 2 . Florida Statutes Section 255 05 (2002) , as amended from time to time , together with all notice and time provisions contained therein , is incorporated herein in its entirety by this reference. 5/44/01 PAYMENT BOND 00612- 1 ' F .TubGc WorkslCapita! Prolectalfounh Street-old DIXIOU511CONTAACT DOCUMENTSIOQG12 • Payment Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1721 PG : . 468 t 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 otAgations 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 Coarty of ! ndlan River that it has a Best's Key Rating Guide , General Policyholder's rating of "A" and Financial SZe Category of Gass "X" . ' The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full foresand effect for a period of one year commencing on the date of Final Completion asestablished on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses , ' - iiamages, expenses, costs , and attomey's fees , including appellate proceedings, that the County of ` Indian River sustains because of a default by the Principal under the Contract. -40 WITNESS WHEREOF , the-above bound parties executed this instrument under their several seals , this _ 26 day ofM a r c h 2004, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned tepresentative, pursuant to authority of its goveming body. • • 1 /1•• • •••1f••••••ffY• t•IM•••• k•• 1••••••• ••••••11••f••• ••••fe•1#• • • •»•••N• ••H��• ••••••1••••••µHvII• • y 5/04/01 PAYMENT BOND 00612-2 F \public worksleapkal Prc j&=Towth SveetOld Diri4-US11CONTRACT DOCUMENTS\D0612 • Payment Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1721 PG : . 469 1 1 r rWHEN THE PRINCIPAL IS AN INDIVIDUAL : Sigred , sea ed , and delivered it 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: rWitness Name of Entity Address eY: Principal ' = _ Printed Name of Principal s Witness_` (SEAL ) ' Address WHEN THE PRINCIPAL IS A PARTNERSHIP: ' r I Signed , sealed and delivered in the presence of: rWitness Name of Partnership ' BY: 5104/01 PAYMENT BOND 00612-3 F:�Publie Woft Capital Prgacts%Fourth Street-Old Dixla-USI CONTRACT DOCUMENTWO612 - Payment Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON , CLERK BK : 1721, PG : . 470 r 1 r Address Partner r - Pnnted Name of Partner 1 Witness r ( SEAL ] _ Address (The remainder of this page was left blank intentionally) r r . 1 Y'N � . 1 r " 1 5/04/01 PAYMENT BOND 00612 -4 FAPuWld workaiCapltal Pro)eGslFourth Street-Old Dixie-USIICONTPACT DOCUMENTS\00612 - Payment eond.doc A TRUE COPY CERTIFICATION ON AST PAGE J . K . BARTON $ CLERK 1 BK : 1723 PG : . 471 1 . . . . ... . . . . . ... .. . . .. . . .. . .. .... ..... . ......, .. . ... .. . . . . . . . * &as $ Pool .. . .. . . . . ... . a & * * W* * . .. . . . .. . . .a00*6W % too * - WHEN THE PRINCIPAL IS A CORPORATION ; - Attest. Timothy Rose Contracting , Inc . Secretary Name of Corpora , BY: ku j JAj . .00� Olt (Affix Corporate SEALS ;�,r?';� ; :A; el Printed Na{ O Official Title '' ' 1 CERTIFICATE AS TO CORPORATE PRINCIPAL - t 7/1r)007IV4�30 .5A certify that I th eay�etaryof the corporation named as Principal in the within b d : that 7 a =4 who signed the said bond on behalf of the Principal was then r of said corporation : that I know his nature , and ' . . his signature thereto is genuine; and that said s duly signed , seale attested forand on behalf of Said corporation by authority D mg body. ' Secretary (SEAL ) (The remainder of this page was left blank intentionally] I ' 5/04101 PAYMENT BOND 00612-5 FAPut)4c Works\Capftal ProjecftTaurth Streel-0Id Dixie-US15CONTRACT DOCUMENTS 0612 - Paymem Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE Q . K . BARTON , CLERK BK : 172 : PG : 472 ' TO BE EXECUTED BY CORPORATE SURETY : Acas : . ' Developers Surety and Indemnity Company S�CrL�t>8t t W f t n e s s Corporate Surety I50 u ` h Fi sl and Road , Ste 115 Pla . � a ion L 3324 Busi es dre BY: Bert Ba ra Attorney In Fact ' (A x orporate SEAL) Attomey-In•Fact rt Barra t Bob Barra Bonds , Inc ' Name of Local Agency . '4.: •.� �'; . .; ;. 9373 West Sample Road Ste :2 �� ' • • ; ^. 0 Coral Springs , FL 33095 Business Address ( 954 ) 255 - 9855 —STATE OF FLORIDA COUNTY OF INDIAN RIVER "Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared Robert Barra tome wen kn wn , who being b me first duly sworn upon oath , says Pt he is the attorney-in-fact for the D e e o e r s . u r d that he has been authorized by A t t a c h e d P o r� w e r A Y f „ ,. A execute the foregoing bond on behalf of the CONTRACTOR ' – named therein in favor o t e Colinty of Indian River, Florida. Subscribed and sworn to before me 4rtkis 2 6 day of M ar c h 20 0 Notary Pub i to of"Florida ' My Commission Expires: 2. ODS i r T&WW A Hwaved • M1, Ocmnssew DOOM% ' S104 /01 PAYMENT BOND 00612-6 F:'Pu�hc works<apiW ProjecWFouM SVeol-0W DWPi US "CONTRACT DOCUMENTS\00612 - Paymem eond.doc A TRUE COPY CERTIFICATION ON LAST PAGE ' J . K . BARTON , CLERK BK : 1721& PG :� • 473 Any claims under this bond shall be addressed to : Name and address of Surety: Developers Surety and Indemnity Company 150 South Pine Island Road , Ste 115 ' Plantation , Fl. 33324 Name and address of agent or representative in Florida ' it different from above : Robert Barra - Bob Barra Bonds , Inc . j 9373 West Sample Road , Ste 206 Coral Springs , Fl. 33065 Telephone number of Surety and — agent or representative in Florida : ( 9 5 4 1 6 9 3 - _ 0 2 70 954 - 255 - 9855 " END OF SECTION s • err ,, . J 5104/01 PAYMENT BOND 00612-7 F:1PuNle W orkstCapttal ProjectAlCourth Street-Old O'uie-US1 CONTRACT DOCUMENTSt00612 • Payment Bonddoc A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK * + � � + • v . 00 r " 77Y 362 3466 SID FORDrAXACK CERTIFICATE OF LIABILIN I SURA ® poiioo � NCE OATS 1" VOIDI ISURANCE AGENCY TFni �� APR 14 04 ONLY IER TE K 0 A! A MA7Tl�11 OF MPORMATION M28 ND am$ LWON TNt! CGtTM'R:ATt AN0706R. THIa Cpq�gCATe DOlB NOT AMEND, EXTEND OR, 32061 CwERAOti t>rtnEO t1Y PI my PHONE: rTb662r1,168 INSURERS AFFORDING COVERAoe INSyR[p — NAIC M TIMOTHY ROSE CONTRACTING, INC. URFRA NORTH PD1 SMNTQ'"UR�/UJCE CO 1360 OLD DIXIR 11YVY 9.W, I!3URFR D: HAR1'xORD W$URER C: BRIDGEFIELO ErMPLOYEAS INS CO 027120 ViiRO BEACH Fl. J28Q2 a+ISURE-- ER a_ IN3URCt C THE 1`01=453 OF INEP, ANCE U6TG0 BELOW ""E j 93 APW RNQUIREWKNT, TERM On comes, 0f ANY Ui0 TO THE INSURED NAMED AaovE FOR THE MAY PNSTAPN, TM! P CONTRACT On pIpED DOGIMaNT WITH RESPECT �OMMIp� PEAPOD WICATID, NOfWIT)POTAMM(a nsvaANce AFFORDED a1` TK IWUCPri E-0 BY NI 16 SU&I To THIS WATIFIrATE MAY BE IS&= OR roclM.cPrs �oR.caTEUMrt { s„a,�„, MAY neve aiaNl RiDUCEO BY PAID CWMG, "u III TERM& excLUSIONS AND .CONORIONS OF aUCN ' i. TIM OP NOWANCa Oxy ILAI l PI a rwr nE PI LMaiITY PAT �inow LAM X OOMWMIAL GENERAL LIAePL17Y ZOi40le00T-01 JUN a 09 JUN 0 04 eACP• ocu NCE ' - CLAIMSMAoe X OCCUR WWCfT6Feje p 1 ,000, l9A 3 100 000 A - - . _ ; ilio. SW 4" Oei FrPN„I t x000 - rcRaoN+� t, Rov INI a 1 .000.000 GGI/La:G AOOfLGArAMLM PER; �NERKn0O1�aATtt t — 200001 000 • �oucvAr FRooUC`ncoM►_IoF 606. s 2.000.000 AUTOUNIELYIa1UrY 21 LIEN W4318 X -ANY AUTO ` JUN 8 03 JUN 8 04 1CQMYPHso alNcLe uurr AU OWN& AMS PPccIoaPPf) 3 1000,000 9 �-- WJgE lJLMAurOS aoaxYINAIRY RPR PI t _ Re0 AurOa NONAOWk O AI IrOS BODILY IWAAY t IPw �Pq ' CMU1rEtlABLRY t1111AAGC i ' P I ANYAVTO AUTO ONLY - EAAccvL r t orMSA THAN PA ACC t AUrD ONLY: MfW Lu4119ML A LjAjWjTM 208 410T013 00 DEC 4 03 X ua CLAM9 MP10H JUN 004 eAc►1 oceuRAE►,ee t 2l000p000 A i 2,00a0oo ocovcTBLE t a6T6NTI0N : t i ,Lmawy ANO 83020,!' 82 FEB 104 FEB 109 X wosr+n. O t ' C �4 tY..° .Pee �,Irx"uo°aP`er�`�•r F. L WMAQCwier i 1000000 0�Iwm 1= bot . LLDI6CA0liA iMPI i 100.000 OTASR: I 6.L OlaWN�POUCYLMaf t SOO 000 i OIaCRIPTION OF OPERATIONSWCATIOWEHICLtBIEXCLUS10NS ADDED ENDOR$ EMENT/ SP[CIAL PR0VL4IO7S ' CER1IMICATE HOLDER INCLUDI AS AN ADDITIONAL, INSURED BUT ONLY WITH RESPECT TO OPERATIONS OF THE NAMCD INSURED TEN (10) DAY NOTICE OF CANCELLAI APPLICABLE To CANCE "TION FOR NON-PAYIAENT OF PRLVUM. CERTIFICATE w AoaYWI OW NOU;vaii LernmMINIMUM Issue 11110I ANY OF Tx; 080A oescAft" IONGEt a! cAuceaea wonTHI! ' "MA"W DATE THEREOF. TN6 I61VIN0 COWANY WUNNoiAYORTO NWL30 THE CERTWICATC WKDU NAMED fAYS WRlYTEN lLUlI! 1D D0 s0 a�w1LL IMPOSE Np paIgPI710NOR LJA6lL1TY 0 ANY WINO UPON THE INDIAN RIVER COUNTY, FLORIDA S FEC INtUPP�R, Ira AC NTS OR RL4NtWWrAT"7is. 184026TH arAeCT VERO BEACH, FL, 32060 1 AUTNOWZj9 R[pittee fTATNE ' Attention: _ b64 7880 ACORD 20 (2DDI-=) cehlncete N �s6i Michael W, Harris ' TOO 0 d 8eZ I ZT b0 / 97 / bo 000i +,0cT0c SECTION 00622 - CONTRACTOR ' S APPLICATION FOR PAYMENT ' Application for Payment No . For Work Accomplished through the period of through ' To : Indian River County (OWNER ) From : (CONTRACTOR ) Contract : 4 th Street Widening from US 1 to West of Old Dixie Highway OWNER's Contract No , 9205 ENGINEER : Indian River County Public Work ' s Department tENGINEER' s CONSULTANT : Keith & Schnars . Inc. 1 . Original Contract Price : $ ' 2 . Net change by Change Orders and Written Amendments ( + or - ) : $ 3 . Current Contract Price ( 1 plus 2 ) : $ 4 . Total Work to date : 4 . a Total Work completed to date : $ 4 . b Total material stored to date : $ (1 ) 4 . c Total Work completed and stored to date : (4 . a plus 4 . b ) $ 5 . Retainage ( per Agreement) : 5 . a 10 % of completed Work (0 . 10 x 4 . a ) : $ ' 5 . b 20 % of stored material (0 . 20 x 4 . b ) : $ 5 . c Total Retainage (5 . a plus 5 . b ) : $ 6 . Total Work completed and stored to date less retainage (4 . c. minus 5 . c) : $ 7 . Previous Payments : $ 8 . AMOUNT DUE THIS APPLICATION (6 minus 7 ) : $ (1) Attach detailed schedule and copies of all paid invoices. 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 subcontractors , laborers , material , men 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 By : ( CONTRACTOR) 00622-Contractor's Application for Payment 00622 - 1 R\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00622-Contractor's Application for Payment.doc ' STATE OF FLORIDA COUNTY OF : ' Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he/she is the President of the Contractor above mentioned : ; ' the he/she executed the above Application for Payment and statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct and complete . Subscribed and sworn to before me this _ day of , 20_ ' Notary Public , State of Florida : My Commission Expires : ' Accompanying Documentation . ' 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 CONTRACTOR 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. " **************************************************************************************************** ' CERTIFICATION OF ENGINEER i INSPECTOR : I have checked the estimate against the Contractor's Schedule of Amounts for Contract ' Payments and the notes and reports of my inspections of the project . It is my opinion that this statement of work performed and/or materials supplied is accurate , that the Contractor is observing the requirements of the Contract , and that the Contractor should be paid the amount ' requested above . Dated SIGNATURE Indian River County Public Works ' Approved Date Director Division Head Account No. 00622-Contractor's Application for Payment 00622 - 2 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\00622-Contractor's Application for Payment.doc SECTION 00632 - 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 : 4th Street Widening from U . S . 1 to West of Old Dixie ' INDIAN RIVER COUNTY PROJECT #9205 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- 1 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\00632 - Contractor's Final Certification . doc 5 . The Work is complete and ready for final acceptance by the OWNER . ' 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . ' ( Corporate Seal ) ' (Contractor) By. ' Subscribed and sworn to before me this _ day of , 20 ' Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632-2 ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\00632 - Contractor's Final Certification . doc; u 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. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 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) . EJCDC No. 1910-8 ( 1996 Edition) ' 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 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00700-2 ' Standard General Conditions of the Construction Contract PROJECT ' TABLE OF CONTENTS Page 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' 2 . 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 . 06 Preconstruction Conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 .07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ' 3 .01 Intent . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * # . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 .02 Reference Standards , , , . , , , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 l 3 .03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 l 3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . 1 l 3 .05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE ' POINTS . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 .02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ' 4.03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4.04 Underground Facilities , " . . . . " . . . I ' ll . . , . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 .06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 5 - BONDS AND INSURANCE " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . * * , 60 . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ' 5 .02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 04 CONTRACTOR 's Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6. 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 02 Labor; Working Hours .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 ' 6 . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . I . . . I . . . . . . . . . . . . 1 . . . I . . . 20 6.04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 6. 05 Substitutes and "Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ' 6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 00700-3 ' Standard General Conditions of the Construction Contract PROJECT ' 6 . 08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 .09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 . 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ' 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 . . . , . . . . . . . 0 . . . . . . . so . . 0 0 0 . . . . . . 0 . . . . 4 . 00 # * . . . . . . . . . . . . . . . . . . 00 . . . . . . . . 0 . . . . . 0 . . . . . . . . . . . . o . . . . . 25 6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6. 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 t 6 . 18 Continuing the Work . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 6 . 19 CONTRACTOR 'S General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 6.20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 7 . 01 Related Work at Site , . , . . . . . . . . . . . . . . . . . 0 . 040 # 0000 . . . 0 . 0 . . . 0 0 0 0 . 0 . 0 . 0 0 . 0 . . . . . . 0 . . . . . . . . . . 0 . . . . . . 0 . 0 . . . . 0 . . . . . . . . . . . . . . . . . . . . .. . . . 0 . . . 0 . . . . . . . . so * * , . . . . . . .27 7.02 Coordination . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 ' ARTICLE 8 - OWNER' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .01 Communications to Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 ' 8 .02 Replacement ofENGINEER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .03 Furnish Data . . . . . . . . . . . 8 .04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 8 .05 Lands and Easements; Reports and Tests . , . . . . . . . . . . . . . . 0 0 0 0 . . . . . . . . . . 0 * 00000 * . . . . . . . . . . . . . . . . . . . . . . . 06 . 00 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o .28 ' 8 .06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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, . . . . . . . . . . . . 0 0 . . . . 0 0 0 0 0 . . . . . . . . . . . . . . . . . . . . . . . . 0 0 . . 0 . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . * . . 0 . . . . . . 0 . . . . . . . . . . . . . . .29 ' ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 .01 OWNER 'S Representative . , , , . , ' , , , ' , , . . . . . . . . . 00 . . . . . . . . . . . . . I . . . 11 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 0 . . . so . 0 . . . . . . . . . . . . . .29 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 ' 9 .03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 9 .04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9 . 05 Authorized Variations in Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9 .06 Rejecting Defective Work . . . . . . . , , . . , . . . so . so . 0 . . . I I I I I . . I I I I I I I I . . I 1 . . 0 . 0 . 0 0 . . . . . . . . 111111111111 . 0 . . . . . . . . . 0 . . . 0 0 . . . . 0 . . . . . 0 , * . . . . . . . so . 0 . . . . . . . . . . . . . . . . .30 9 .07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ' 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ' 10. 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10 . 02 Unauthorized Changes in the Work . . , . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . 0 . . 0 0 0 0 . . . . . . . . . . . . . . . 00 . . . . 0 0 0 0 0 . . . . . . . . . . . . . o . . 00 . 0000 . . . . . . . . . . .31 10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . I . . . 1 . 11 . . . . . . . . . . 0 0 0 0 0 0 . 0 . . . . . I ' ll . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . 0 . 0 . . . . . . . . . . . . . . 9 . . . . o . 00 . . . o . . . . . . .31 10 . 04 Notification to Sure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 ' 10 .05 Claims and Disputes . . . , . I I . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . 0 0 . 0 0 . . . . . . . . . . . . . . . . . . . . . . 0 . 0 . . . 0 0 . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . .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. . . . . o . o . . . . . . . 1111 , 040004 . . . so . 0 . . . . 0 0 0 0 . . . . . . . . . * . . . . . . . . oo . . 000 . . . . . . . . . . . . . . . . . o o o o . . . o o o o . . . . . . . . . . . . . o . . . o o o . o . . . . I . . . . . . . . 0 . . .34 00700-4 ' Standard General Conditions of the Construction Contract PROJECT ' 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 . . . . . . . . . 000 . . 0 . . 0000 . . . . . . . . . . & . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 12 .04 Delays Within CONTRACTOR 's Control . . . . . . . . . . 0 0 . 0 0 . . . . 00 . . . . . 0 . . . * 60 . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . 0 0 0 . . 0 . . . . . . . . . . .36 12 .06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 ' 13 . 01 Notice of Defects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 13 .02 Access to Work . . . . 1 1111 . 1111 . . 0000 . . . . . . . . . . . . . 01 , 11111 , . . . . . . . 0 . . . . . . . . . . . . . . . . . . 0 . . 0 0 . . . . . . 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 .36 13 .03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 ' 13 .04 Uncovering Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 13 .05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 .06 Correction or Removal of Defective Work . . . , . " . " . . . . 13 .07 Correction Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 ' 13 .08 Acceptance of Defective Work . . " , . , , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . 0 0 0 0 . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . " 1 " " 138 13 .09 OWNER May Correct Defective Work. . . . . . . 1 . 111 , . . . . . . 0 0 . . . . 0 . . . . . . . . . . . . . 0 . . 0 . . . . . . . . 1 . 1 . 111 & . . . . . . . . . . . . . . . . . .38 t 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 . , , . . . . . . . . . . 0 . . 0 . . . . . . . . . . . . 0 . . . 0 0 0 0 . . . . 0 . . 00 . . . . . . . . 0 0 . . 0 . . . . 0 0 0 . . . . . . . . . . . . . . . . . . . . 0 0 0 0 0 . . . . . . . . . . . . . . . . . . . 00 . . . . o . o * . * * . . . .41 14 .06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ' 14 .07 Final Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 14 .09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 ' ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . " . . . . . . . . . . . . . . . . . . . 111 . 11011 , . . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 15 .01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 . . . . . . . " , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ' 16 .01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .45 ' 17 .01 Giving Notice . . o . . . 0 . . . . I . I I I . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . 0 . . 0 . . . . . . . . q . . . . . . . . . . . 0 . 0 . 0 0 . 0 . . . . . . . . . . . . . . 0 . . 0 0 0 0 . . . . . . . . . . . . . . . 0 . . 0 0 . 0 0 . . . .45 17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 17.03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ' 17 .04 Survival of Obligations . , . . . . . . 0 0 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 0 . 0 . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . . . 00 . . . . . . . . . . . . .45 17.05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 00700-5 ' Standard General Conditions of the Construction Contract PROJECT GENERAL CONDITIONS COTE : SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY CONDITIONS . IN THESE INSTANCES , THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIEI ' HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR' S CONVENIENCE . REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE. ' ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 8 . Bonds--Performance and payment bonds and other instruments of security. 1 . 01 Defined Terms 9 . Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and A. Wherever used in the Contract Documents and OWNER and authorizes an addition, deletion, or revision in printed with initial or all capital letters, the terms listed the Work or an adjustment in the Contract Price or the below will have the meanings indicated which are Contract Times, issued on or after the Effective Date of the applicable to both the singular and plural thereof. Agreement. ' 1 . Addenda--Written or graphic instruments 10 . Claim--A demand or assertion by OWNER or issued prior to the opening of Bids which clarify, correct, or CONTRACTOR seeking an adjustment of Contract Price or change the Bidding Requirements or the Contract Contract Times, or both, or other relief with respect to the ' Documents. terms of the Contract. A demand for money or services by a third party is not a Claim 2 . Agreement--The written instrument which is ' evidence of the agreement between OWNER and 11 . Contract--The entire and integrated written CONTRACTOR covering the Work. agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior 3 . Application for Payment—The form negotiations, representations, or agreements, whether ' acceptable to ENGINEER which is to be used by CON- written or oral. TRACTOR during the course .of the Work in requesting progress or final payments and which is to be accompanied 12 . Contract Documents--The Contract Docu- ' by such supporting documentation as is required by the ments establish the rights and obligations of the parties and Contract Documents. . include the Agreement, Addenda (which pertain to the Con- tract Documents), CONTRACTOR' s Bid (including docu- 4 . Asbestos--Any material that contains more mentation accompanying the Bid and any post Bid ' than one percent asbestos and is friable or is releasing documentation submitted prior to the Notice of Award) asbestos fibers into the air above current action levels when attached as an exhibit to the Agreement, the Notice to established by the United States Occupational Safety and Proceed, the Bonds, these General Conditions, the ' Health Administration. Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the 5 . Bid--The offer or proposal of a bidder submit- Agreement, together with all Written Amendments, Change ' ted on the prescribed form setting forth the prices for the Orders, Work Change Directives, Field Orders, and Work to be performed. ENGINEER' s written interpretations and clarifications issued on or after the Effective Date of the Agreement. 6 . Bidding Documents--The Bidding Approved Shop Drawings and the reports and drawings of ' Requirements and the proposed Contract Documents (in- subsurface and physical conditions are not Contract cluding all Addenda issued prior to receipt of Bids) . Documents . Only printed or hard copies of the items listed in this paragraph are Contract Documents . Files in ' 7 . Bidding Requirements--The Advertisement or electronic media format of text, data, graphics, and the like Invitation to Bid, Instructions to Bidders , Bid security form, that may be famished by OWNER to CONTRACTOR are if any, and the Bid form with any supplements. not Contract Documents. 00700-6 ' Standard General Conditions of the Construction Contract PROJECT ' 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 famish 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 . 23 . Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, 34 . Project--The total construction of which the ' Hazardous Waste, or Radioactive Material in such Work to be performed under the Contract Documents may quantities or circumstances that may present a substantial be the whole, or a part as may be indicated elsewhere in the danger to persons or property exposed thereto in connection Contract Documents . with the Work. ' 00700 - 7 ' 35 . Project Manual--The bound documentary 44 . Supplementary Conditions--That part of the information prepared for bidding and constructing the Contract Documents which amends or supplements these Work. A listing of the contents of the Project Manual, General Conditions . which may be bound in one or more volumes, is contained in the table(s) of contents. 45 . Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct ' 36 . Radioactive Material--Source, special nucle- contract with CONTRACTOR or with any Subcontractor to ar, or byproduct material as defined by the Atomic Energy famish materials or equipment to be incorporated in the Act of 1954 (42 USC Section 2011 et seq.) as amended Work by CONTRACTOR or any Subcontractor. ' from time to time . 46. Underground Facilities--All underground 37 . Resident Project Representative—The autho- pipelines, conduits, ducts, cables, wires, manholes, vaults, rized representative of ENGINEER who may be assigned to tanks, tunnels, or other such facilities or attachments, and ' the Site or any part thereof. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum 38 . Samples--Physical examples of materials, products, telephone or other communications, cable ' equipment, or workmanship that are representative of some television, water, wastewater, storm water, other liquids or portion of the Work and which establish the standards by chemicals, or traffic or other control systems . which such portion of the Work will be judged. 47 . Unit Price Work--Work to be paid for on the ' 39 . Shop Drawings--All drawings, diagrams, basis of unit prices. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- 48 . Work--The entire completed construction or ' TRACTOR and submitted by CONTRACTOR to illustrate the various separately identifiable parts thereof required to some portion of the Work. be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, 40. Site--Lands or areas indicated in the Contract services, and documentation necessary to produce such ' Documents as being famished by OWNER upon which the construction, and furnishing, installing, and incorporating Work is to be performed, including rights-of-way and all materials and equipment into such construction, all as easements for access thereto, and such other lands finnished required by the Contract Documents. ' by OWNER which are designated for the use of CONTRACTOR. 49. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of 41 . Specifications--That part of the Contract the Agreement and signed by OWNER and recommended ' Documents consisting of written technical descriptions of by ENGINEER ordering an addition, deletion, or revision materials, equipment, systems, standards, and workmanship in the Work, or responding to differing or unforeseen as applied to the Work and certain administrative details subsurface or physical conditions under which the Work is ' applicable thereto . to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract 42 . Subcontractor--An individual or entity having Times but is evidence that the parties expect that the change ' a direct contract with CONTRACTOR or with any other ordered or documented by a Work Change Directive will be Subcontractor for the performance of a part of the Work at incorporated in a subsequently issued Change Order the Site . following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times . ' 43 . Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the 50. Written Amendment--A written statement point where, in the opinion of ENGINEER, the Work (or a modifying the Contract Documents, signed by OWNER and ' specified part thereof) is sufficiently complete, in CONTRACTOR on or after the Effective Date of the accordance with the Contract Documents, so that the Work Agreement and normally dealing with the nonengineering or (or a specified part thereof) can be utilized for the purposes nontechnical rather than strictly construction-related aspects for which it is intended. The terrns "substantially complete" of the Contract Documents . ' and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. ' 00700 - 8 ' 1 . 02 Terminology spe^: aea leeation) ready r~ , installation an in usable or- epeffable eenditien-. A. Intent of Certain Terms or Adjectives ' 2 . Thal, A. ."~ate—whenusedine ec 1 . Whenever in the Contract Documents the tien with services, materials,OF equipfflent,,^hal terms "as allowed, " "as approved, " or terms of like mean to put ipAe aer- plaee in final position said. ' effect or import are used, or the adjectives "reasonable," senriees, materials, or equipment eemplete—and "suitable," "acceptable," "proper," "satisfactory, " or Feady for- rote de use adjectives of like effect or import are used to describe ' an action or determination of ENGINEER as to the 3 . 'lkeiver-d .,s--per€erg "provide," .. .tee„ Work, it is intended that such action or determination used inneemeetion=o. hserviees, materials , or- will rwill be solely to evaluate, in general, the completed equipmepA, shall mean to fimaish and 4istall said. Work for compliance with the requirements of and iterials or equipmerA complete and read ' information in the Contract Documents and confor- for- intended mance with the design concept of the completed Project as a functioning whole as shown or indicated in the Paragraph DA has been deleted in its entirety. ' Contract Documents (unless there is a specific statement " " " " "pro indicating otherwise) . The use of any such term or vide" is in eenneetion 3Aith serviees, adjective shall not be effective to assign to ENGINEER materials, OF equipment i a erAex4 cleady r- i G' i^ any duty or authority to supervise or direct the an obligation of Gn ^ GTnn '!lme ide is ' performance of the Work or any duty or authority to inViied. undertake responsibility contrary to the provisions of paragraph 9 . 10 or any other provision of the Contract E. Unless stated otherwise in the Contract Docu- ' Documents. ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the B . Day Contract Documents in accordance with such recognized meaning. ' 1 . The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. ARTICLE 2 - PRELIMINARY MATTERS ' C. Defective 2 .01 Delivery of Bonds 1 . The word "defective," when modifying ' the word "Work," refers to Work that is A. When CONTRACTOR delivers the executed unsatisfactory, faulty, or deficient in that it does not Agreements to OWNER, CONTRACTOR shall also deliver conform to the Contract Documents or does not to OWNER such Bonds as CONTRACTOR may be ' meet the requirements of any inspection, reference required to fiu-nish. standard, test, or approval referred to in the Contract Documents, or has been damaged prior to 2 . 02 Copies of Documents ' ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has A. OWNER shall furnish to CONTRACTOR up to been assumed by OWNER at Substantial ten copies of the Contract Documents. Additional copies Completion in accordance with paragraph 14 .04 or will be famished upon request at the cost of reproduction. 14 .05). 2 . 03 Commencement of Contract Times; Notice to Paragraphs D.1 , 2 and 3 have been deleted and replaced Proceed by new paragraphs. See the Supplementary Conditions. ' D . Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if 1 . '€he—word "€umish, " when used in a Notice to Proceed is given, on the day indicated in the ' conneetion • ith senrices, ^ ateri is e i epA Notice to Proceed. A Notice to Proceed may be given at ` hall. to ply ^ a deliver- ^ id any time within 30 days after the Effective Date of the materials equipment to the Site ("~ some ethe Agreement. In no event will the Contract Times commence ' to run later than the sixtieth day after the day of Bid opening 00700 - 9 or the thirtieth day after the Effective Date of the Paragraph 2 .05.0 has been deleted and replaced with a Agreement, whichever date is earlier. new paragraph. See the Supplementary Conditions. E. Firvidenee-ef Insumnee.• Before-any Work at the 2 . 04 Starting the Work Site is st^.,oa GONTIv n GT-O and nuns:v shall e ^ ^h deliver . to the other .4th ^ s to ^^ ^h additional insured. A. CONTRACTOR shall start to perform the Work identified :n the SupplementaFy Conditions, cet4i fie^tes e 1 on the date when the Contract Times commence to run. No :B e (^^ a „thea_ ekvidenee ^f incur ee whieh either- of Work shall be done at the Site prior to the date on which the themer- affadditional a nabl ' r-eques14 Contract Times commence to run. y h enh G.01 hUn n GTnn and GANER r-espeetiNtely ^re requked te-pevenhase ^a Makl4aift ift ^ seerdanee- A4th 2 . 05 Before Starting Construction Af#iele 5. A. CONTRACTOR 's Review of Contract Documents: Paragraph 2.06.A has been deleted and replaced with a J Before undertaking each part of the Work, new paragraph. See the Supplementary Conditions. CONTRACTOR shall carefully study and compare the 2 . 06 Preconstruction Conference Contract Documents and check and verify pertinent figures therein and all applicable field measurements. A. yetii 20 days after the Gent aet Times ^..t t 1 CONTRACTOR shall promptly report in writing to nai, h• . be f_e any Work at the Site : started, ^ enf ENGINEER any conflict, error, ambiguity, or discrepancy , ENGWEER, and others as which CONTRACTOR may discover and shall obtain a ante vii11.—be held to establish a—werk.ing J written interpretation or clarification from ENGINEER undeFstanding ^.reng the ..^.+: es as to the weh, and t,. before proceeding with any Work affected thereby; diseuss the sehedule . _ f ....ver to in paragraph 2 .05 .B , however, CONTRACTOR shall not be liable to OWNER pFeeedums for- handling r`"^••n gs and eche= or ENGINEER for failure to report any conflict, error, submittals, PFeees.dng Appheatiens tier Payment, and. ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. 2 . 07 Initial Acceptance of Schedules B . Preliminary Schedules: Within ten days after the A. Unless otherwise provided in the Contract Docu- Effective Date of the Agreement (unless otherwise specified ments, at least ten days before submission of the first in the General Requirements), CONTRACTOR shall Application for Payment a conference attended by CON- submit to ENGINEER for its timely review: TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided 1 . a preliminary progress schedule indicat- below the schedules submitted in accordance with J ing the times (numbers of days or dates) for starting paragraph 2 .05 .B . CONTRACTOR shall have an and completing the various stages of the Work, additional ten days to make corrections and adjustments and including any Milestones specified in the Contract to complete and resubmit the schedules . No progress Documents; payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 2 . a preliminary schedule of Shop Drawing and Sample submittals which will list each required 1 . The progress schedule will be acceptable submittal and the times for submitting, reviewing, to ENGINEER if it provides an orderly progression and processing such submittal; and of the Work to completion within any specified Milestones and the Contract Times. Such accep- I 3 . a preliminary schedule of values for all of tance will not impose on ENGINEER responsibility the Work which includes quantities and prices of for the progress schedule, for sequencing, schedul- items which when added together equal the Contract ing, or progress of the Work nor interfere with or Price and subdivides the Work into component parts relieve CONTRACTOR from CONTRACTOR' s Iin sufficient detail to serve as the basis for progress full responsibility therefor. J payments during performance of the Work. Such prices will include an appropriate amount of 2 . CONTRACTOR' s schedule of Shop _I overhead and profit applicable to each item of Drawing and Sample submittals will be acceptable Work. to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. J 00700 . 10 ' 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- t 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- 3 . 04 Amending and Supplementing Contract tants, agents, or employees from those set forth in Documents the Contract Documents, nor shall any such ' provision or instruction be effective to assign to 00700 - 11 ' 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 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- 2 . other data, interpretations, opinions, and TRACTOR and OWNER are unable to agree on entitle- information contained in such reports or shown or ment to or on the amount or extent, if any, of any adjust- indicated in such drawings ; or ' ment in the Contract Price or Contract Times, or both, as a 00700 - 12 3 . any CONTRACTOR interpretation of or performance of the Work; subject, however, to the conclusion drawn from any "technical data" or any following: such other data, interpretations, opinions, or infor- mation. a. such condition must meet any one or more of the categories described in paragraph New Paragraphs 4.02.C, 4.02 .1), and 4.02 .E have been 4 . 03 .A; and added. See the Supplementary Conditions. b. with respect to Work that is paid for on a 4 . 03 Differing Subsurface or Physical Conditions Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- A. Notice: If CONTRACTOR believes that any graphs 9 .08 and 11 . 03 . subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 2 . CONTRACTOR shall not be entitled to ' any adjustment in the Contract Price or Contract 1 . is of such a nature as to establish that any Times if. "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4. 02 is a. CONTRACTOR knew of the existence ' materially inaccurate; or of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect 2 , is of such a nature as to require a change of Contract Price and Contract Times by the in the Contract Documents ; or submission of a Bid or becoming bound under a negotiated contract; or 3 , differs materially from that shown or indicated in the Contract Documents ; or b . the existence of such condition could reasonably have been discovered or revealed as a 4 . is of an unusual nature, and differs result of any examination, investigation, explo- materially from conditions ordinarily encountered ration, test, or study of the Site and contiguous and generally recognized as inherent in work of the areas required by the Bidding Requirements or character provided for in the Contract Documents ; Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's then CONTRACTOR shall, promptly after becoming aware making such final commitment; or thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection c. CONTRACTOR failed to give the therewith (except in an emergency as required by paragraph written notice within the time and as required by 6 . 16.A), notify OWNER and ENGINEER in writing about paragraph 4 .03 .A. such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection Part of the second sentence of Paragraph 4.03 .C3 has therewith (except as aforesaid) until receipt of written order been deleted . to do so. 3 . If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount ' B . ENGINEER 's Review: After receipt of written or extent, if any, of any adjustment in the Contract notice as required by paragraph 4 . 03 .A, ENGINEER will Price or Contract Times, or both, a Claim may be promptly review the pertinent condition, determine the made therefor as provided in paragraph 10 .05 . necessity of OWNER's obtaining additional exploration or However, OWNER, ENGINEER, and ' tests with respect thereto, and advise OWNER in writing ENGINEER' s Consultants shall not be liable to (with a copy to CONTRACTOR) of ENGINEER' s findings CONTRACTOR for any claims, costs, losses, or and conclusions. damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other C. Possible Price and Times Adjustments professionals and all court or aFbitfatien or- dispute resolution costs) sustained by 1 . The Contract Price or the Contract CONTRACTOR on or in connection with any other ' Times, or both, will be equitably adjusted to the project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an increase or decrease ' in CONTRACTOR' s cost of, or time required for, ' 00700 - 13 i 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- E . 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 CONTRACTOR shall be responsible for the safety such "technical data," CONTRACTOR may not rely upon and protection of such Underground Facility. or make any Claim against OWNER, ENGINEER or any of ENGINEER' s Consultants with respect to : ' 00700 - 14 1 . the completeness of such reports and drawings for CONTRACTOR' s purposes, including, F . If after receipt of such written notice but not limited to, any aspects of the means, CONTRACTOR does not agree to resume such Work ' methods, techniques, sequences and procedures of based on a reasonable belief it is unsafe, or does not agree construction to be employed by CONTRACTOR to resume such Work under such special conditions, then and safety precautions and programs incident OWNER may order the portion of the Work that is in the thereto ; or area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to 2 , other data, interpretations, opinions and entitlement to or on the amount or extent, if any, of an information contained in such reports or shown or adjustment in Contract Price or Contract Times as a result indicated in such drawings; or of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10 .05 . 3 . any CONTRACTOR interpretation of or OWNER may have such deleted . portion of the Work conclusion drawn from any "technical data" or any performed by OWNER' s own forces or others in accor- such other data, interpretations, opinions or dance with Article 7 . information. Paragraph 4.06.G has been deleted in its entirety. C. CONTRACTOR shall not be responsible for any r. Tethe—fullest extent pemp�ttedby Laws an Hazardous Environmental Condition uncovered or revealed Regulations, at the Site which was not shown or indicated in Drawings or CONTRACTOR, Subeentraeters, EN ' Specifications or identified in the Contract Documents to be ;✓NGDMER' s Eeizss'uhapAs and officers, direeters, within the scope of the Work. CONTRACTOR shall be partHers, empleyees, agents, ether eensultants, aed responsible for a Hazardous Environmental Condition subeentraetOFS of eaeh and any of them from and against all ' created with any materials brought to the Site by CON- ela4m, eests, losses, TRACTOR, Subcontractors, Suppliers, or anyone else for to all fees and-ehargesofefioeers, ar-eMteets,attomeys, whom CONTRACTOR is responsible. and other- professionals and M.I. enelffl# er.- ffir-bitration or- othe.F dispute r-esehifien ests\ ar-isingeutof a r-elating t ' D . If CONTRACTOR encounters a Hazardous u., .,.,..delis >;.,. ,:..,.,,...e.,t., 1 Condition, n ,.. ,idea that such Environmental Condition or if CONTRACTOR or anyone 1E4BF1Fir-0MReflta1 GO not shown e for whom CONTRACTOR is responsible creates a ind . e., ted in the 1, .. .. ,;., ^^ eF Speeifie ..tiens of identified : Hazardous Environmental Condition, CONTRACTOR the Co traet r, ,,eume.,ts to he included .. .:thin the scene of ua... vviiu uc.rn shall immediately: (i) secure or otherwise isolate such the WoAE3 a*d (io was not-ereatedbyCONTRACTOR er condition; (ii) stop all Work in connection with such by anyone €ori m CONTRACTOR is respensi condition and in any area affected thereby (except in an Neth4 ^ :n this Ma-agFaph ^ 06 >J shall obligate GINNER to ' emergency as required by paragraph 6. 16); and (iii) notify indeffiriify OWNER and ENGINEER (and promptly thereafter confirme e m of that ., hyidual er- e^t.ty' . ewn ,.1 : such notice in writing) . OWNER shall promptly consult gene: with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take Paragraph 4.06.H has been deleted in its entirety. corrective action, if any. H. To the fullest extent e. FF&ted by Laws and. Regulatiees; GONTRAGWR shall fide. , n: f , ., d held ' E. CONTRACTOR shall not be required to resume hamiles. QARi IER, 1✓lalGDMER, >r*rGn.ME ' s Consul Work in connection with such condition or in any affected tants, and the officers, direeters. partners, empleyees, area until after OWNER has obtained any required permits agents, ether- a „ 1 . „t� , d ubeent -acte ... of each and. ' related thereto and delivered to CONTRACTOR written any of them from and against all elaii eest losses and notice : (i) specifying that such condition and any affected defmges (ineluding but not liRited to all fees and charges of area is or has been rendered safe for the resumption of enoee.. attorneys, � a-ehiteets, and „the . .... nf ssienals and a. uaa.a.a Work; or (ii) specifying any special conditions under which ^ 11 • ,-t a~ ;arbitration of etheF dispute _esel. .t: en eests) ' such Work may be resumed safely. If OWNER and ai4sing out of o- -elating to ., 14aza .de. , s ElPrifenme.,tal CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price FFiefn CONTRACTOR is responsible—Nediing in this or Contract Times, or both, as a result of such Work stop- pa€agr-ap h 4 . 06 .E shall obligate GOTNURAGTOR to page or such special conditions under which Work is agreed i denm f , e individualentity f.,,m and against the to be resumed by CONTRACTOR, either party may make a {.v11JG^ e of that fid:. i"al ' entity' , e„l ; ' Claim therefor as provided in paragraph 10.05 . geeee. 00700 - 15 Such surety and insurance companies shall also meet such I . The provisions of paragraphs 4 .02, 4 . 03 , and 4 . 04 additional requirements and qualifications as may be are not intended to apply to a Hazardous Environmental provided in the Supplementary Conditions. ' Condition uncovered or revealed at the Site . 5 . 03 Certificates of Insurance ARTICLE 5 - BONDS AND INSURANCE The second sentence of Paragraph 5.03 .A has been deleted in its entirety. A. CONTRACTOR shall deliver to OWNER, with 5 . 01 Performance, Payment, and Other Bonds copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other Paragraph 5.01 .A has been deleted and replaced with a evidence of insurance requested by OWNER or any other new paragraph. See the Supplementary Conditions. additional insured) which CONTRACTOR is required to ' ^ purchase and maintain. O;VTh R shall-Deliver to payment b ..n a nt M ! n st equal to 41.0 GQNTn A GTOPU, y t eepie li LV1111J�—pII S`I I INCL Yui 2 VPIISI-GVYIG$-��eaC�'3-i.�ait2AliaiinJtae� V V31111Lp(-1 14Y11L11ZVd in the Supplementary n, eeAifieates of VIIY111G obligations IULLL MIIYV (andotheriT1Q4 payment Deeurnents. TheseBeadsshall r-efnainin e€€eet-at C01`4RAGTOR eF any wide_ additionid _ed) .. . ieh least until one-year a€ter the date •. ,hen final ent 03 zTk;E ; required to pu..brise ^., a becomes due, exeept-aspfeNideaora*�' enhise by LwAts-or Regulations or- by the C-en4aet Deeuments . CONTRAG 5 . 04 CONTR,4CTOR 's Liability Insurance TOR shall also ftwpxish sueh othef Bonds as are Fequired by A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work Paragraph 5.01 .B has been deleted and replaced with a being performed and as will provide protection from claims new paragraph. See the Supplementary Conditions. set forth below which may arise out of or result from B An Bonds shall be i the f ,. ^ �w^a by the CONTRACTOR' s performance of the Work and ' CONTRACTOR's other obligations under the Contract or Regulations, and shall be emeeuted by sueh ^ *^ties as Documents, whether it is to be performed by named in the eurrent list of "Gempanies Holding-rG«n- CONTRACTOR, any Subcontractor or Supplier, or by Bates of Au4heF ty as Aeceptable SuFeties en Fader-a! Bonds anyone directly or indirectly employed by any of them to and as Aeeeptable Reinsuring " as published perform any of the Work, or by anyone for whose acts any GiFeu:lm 570 (amended) by dhe Fiffl.aneia.]. Management of them may be liable: Serviee, Surety-Bend Branel -U. S . DepaFtmepit of-the Tfeasur-y. All Bends signed by an agent must be 1 . claims under workers ' compensation, y ^ ^":t""'' ee.py of sueh agent' s authoFity to disability benefits, and other similar employee ae benefit acts; C. If the surety on any Bond furnished by CON- 2 . claims for damages because of bodily TRACTOR is declared bankrupt or becomes insolvent or its injury, occupational sickness or disease, or death of right to do business is terminated in any state where any part CONTRACTOR' s employees; of the Project is located or it ceases to meet the requirements of paragraph 5 . 01 .B, CONTRACTOR shall 3 . claims for damages because of bodily within 20 days thereafter substitute another Bond and injury, sickness or disease, or death of any person surety, both of which shall comply with the requirements of other than CONTRACTOR' s employees ; paragraphs 5 .01 .13 and 5 .02 . 4 . claims for damages insured by 5 . 02 Licensed Sureties and Insurers reasonably available personal injury liability coverage which are sustained: (i) by any person as a A. All Bonds and insurance required by the Contract result of an offense directly or indirectly related to Documents to be purchased and maintained by OWNER or the employment of such person by CONTRACTOR, CONTRACTOR shall be obtained from surety or insurance or (ii) by any other person for any other reason; companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or 5 . claims for damages, other than to the ' insurance policies for the limits and coverages so required. Work itself, because of injury to or destruction of 00700 - 16 tangible property wherever located, including loss of 7 . with respect to completed operations use resulting therefrom; and insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two ' 6, claims for damages because of bodily years after final payment (and CONTRACTOR shall injury or death of any person or property damage famish OWNER and each other additional insured arising out of the ownership, maintenance or use of identified in the Supplementary Conditions, to ' any motor vehicle . whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such B . The policies of insurance so required by this additional insured of continuation of such insurance paragraph 5 .04 to be purchased and maintained shall: at final payment and one year thereafter) . 1 . with respect to insurance required by New Paragraphs 5.04.0 and 5.04 .1) have been added. paragraphs 5 . 04 .A.3 through 5 .04 .A. 6 inclusive, See the Supplementary Conditions. include as additional insureds (subject to any customary exclusion in respect of professional Section 5.05 has been deleted in its entirety. liability) OWNER, ENGINEER, ENGINEER's 5 . 05 094Vm�°;9 Li abi'i yInsur amei Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of A. In addition to the :ed tovaprevid- whom shall be listed as additional insureds, and ed by CONTRACTOR under- paragrzaph-5.04 , n`x- WNER, at include coverage for the respective officers, O-WNER' s eption, nmy=puurehase and maintain—at directors, partners, employees, agents, and other WEn 03A °.,..ease 03AWEvewa liability ce as V 1I \ LZ consultants and subcontractors of each and any of all ;♦ 1 rill pr-eteet OWNER againstii... elas m4i: e,, may e f.e . such additional insureds, and the insurance afforded . to these additional insureds shall provide primary coverage for all claims covered thereby; 5 . 06 Property Insurance 2 . include at least the specific coverages and Paragraphs 5.06.A, B, and C have been deleted and be written for not less than the limits of liability replaced with new paragraphs. See the Supplementary provided in the Supplementary Conditions or Conditions. required by Laws or Regulations, whichever is greater; Conditions, . . . . ... . shall-piffir-cnavc-aiaa-n-asarasur prvvpercy zawe upon the Werk at the Site in the amount of the 3 , include completed operations insurance; amounts as may provided—ince Supplements 4 , include contractual liability insurance Cenditiens OF Fequuired by Laws and Reg4ulatiens) . This covering CONTRACTOR' s indemnity obligations insuuranee : under paragraphs 6.07, 6. 11 , and 6.20; 1 . inelude-the interests , Gr 5 , contain a provision or endorsement that T-RA 'T-OR; —Suubeentraeters, ENGD�EE, the coverage afforded will not be canceled, materi- E1VQPI E R' s Consultants, and---any—etbeF ' ally changed or renewal refused until at least thirty individuals er entities identified in the days prior written notice has been given to OWNER Supplementary Conditions, and the officers, and CONTRACTOR and to each other additional direeters,partners, erxpleyees,, agents, ager insured identified in the Supplementary Conditions eensultants and ubeeV•traete -s of each and any o ' to whom a certificate of insurance has been issued ti. e.., each of .. ,,, em is deemed to have .. .. insurable (and the certificates of insurance furnished by the , CONTRACTOR pursuant to paragraph 5 . 03 will so provide) ; 2 . be on a-B uilder'sRisk "all ri " 6 , remain in effect at least until final �aawuzanr at t le st • elude e F ph al less uauc - payment and at all times thereafter when CON- ^r- damage to the WeA te....., rai= , buildings, false ' TRACTOR may be correcting, removing, or replac- wer-k, and Zmaterials and e, .:„me„t in transit, an ing defective Work in accordance with paragraph shall Zi `• .,against t least the following .. ..: , S e shall 13 .07 ; and eauuses of less : fire, ligh#iif , extended coverage, 00700 - 17 • . . ' a A aI prom rr-ToOnTri-or mom • • • • • • • • • • • • • • WR WON ti I w� m boor Willi. . A W&WAAWIF 8 at. a ft� Mom I I'� .1111 Oman WA 0 a 'mat a EV NOVO 0 ' • 1 I1 1 / • • 1 1 • • . • _ • . /, 1 _ • . /, 1 pi ' ot It WOW P • , Y • • • _A . •' • • ". 1 a or A • , Y • . AIRTAL Am • . /. 1 _ • • •at I •. • _ , S • • . /. • _ • WIN ww"I • . I. • • . Y . • • WOW 1. AIM 01 om a Pit 11 01 S MMMMI A� a I • _ - _ - WOW S • 1, MIND _ , 1. 1 _ _ • _ • . 6 • • , • • i am IN W NON 1 10 i 1. 0 Vol_ _ • Y IffPs"Mrar."M at low,I I I WAIL .1o% ..10ANS b .11% E ft � • ' / / / i / I / � / / / OF W 000 t-4 • , • • . _ • • • • • • • • • • • • • . YY • • • i • • • - 1. _ _ • _ri. 1. 1 _ _ • 1 • Im wad Raw VOL'MENREW- M Mimi • • • • • • • • • A. CONTRACTOR shall supervise, inspect, and facilities and incidentals necessary for the performance, direct the Work competently and efficiently, devoting such testing, start-up, and completion of the Work. attention thereto and applying such skills and expertise as ' may be necessary to perform the Work in accordance with B . All materials and equipment incorporated into the the Contract Documents . CONTRACTOR shall be solely Work shall be as specified or, if not specified, shall be of responsible for the means, methods, techniques, sequences, good quality and new, except as otherwise provided in the ' and procedures of construction, but CONTRACTOR shall Contract Documents . All warranties and guarantees not be responsible for the negligence of OWNER or specifically called for by the Specifications shall expressly ENGINEER in the design or specification of a specific run to the benefit of OWNER. If required by ENGINEER, ' means, method, technique, sequence, or procedure of CONTRACTOR shall furnish satisfactory evidence construction which is shown or indicated in and expressly (including reports of required tests) as to the source, kind, required by the Contract Documents. CONTRACTOR and quality of materials and equipment. All materials and shall be responsible to see that the completed Work equipment shall be stored, applied, installed, connected, ' complies accurately with the Contract Documents. erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, B . At all times during the progress of the Work, except as otherwise may be provided in the Contract Docu- CONTRACTOR shall assign a competent resident superin- ments. tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under 6 . 04 Progress Schedule extraordinary circumstances . The superintendent will be ' CONTRACTOR' s representative at the Site and shall have A. CONTRACTOR shall adhere to the progress authority to act on behalf of CONTRACTOR. All schedule established in accordance with paragraph 2 .07 as it communications given to or received from the superin- may be adjusted from time to time as provided below. ' tendent shall be binding on CONTRACTOR. 1 . CONTRACTOR shall submit to ENGI- 6 . 02 Labor; Working Hours NEER for acceptance (to the extent indicated in paragraph 2 . 07) proposed adjustments in the prog- A. CONTRACTOR shall provide competent, suitably ress schedule that will not result in changing the qualified personnel to survey, lay out, and construct the Contract Times (or Milestones). Such adjustments Work as required by the Contract Documents . CON- will conform generally to the progress schedule then ' TRACTOR shall at all times maintain good discipline and in effect and additionally will comply with any order at the Site. provisions of the General Requirements applicable thereto. B . Except as otherwise required for the safety or protection of persons or the Work or property at the Site or 2 . Proposed adjustments in the progress adjacent thereto, and except as otherwise stated in the schedule that will change the Contract Times (or Contract Documents, all Work at the Site shall be Milestones) shall be submitted in accordance with ' performed during regular working hours, and CON- the requirements of Article 12 . Such adjustments TRACTOR will not permit overtime work or the may only be made by a Change Order or Written perforinance of Work on Saturday, Sunday, or any legal Amendment in accordance with Article 12 . ' holiday without OWNER' s written consent (which will not be unreasonably withheld) given after prior written notice to 6 . 05 Substitutes and "Or-Equals " ENGINEER. Paragraph 6.05.A has been deleted and replaced with a ' New Paragraphs 6.02 .B. 1 , 2, 3 , 4, and 5 have been new paragraph. See the Supplementary Conditions. added. See the Supplementary Conditions. A. Whenever an item of of or- equipment is 6 . 03 Services, Materials, and Equipment the name of c Piet ite... „_ thO „ „„.e e f paftietdaF 1./l Vt,/11V L{41 ' 1LV111 V1�34 Supplier, the peel fie.,. ien or aeseFi tie is intended to. A. Unless otherwise specified in the General Re- establish the type, fimetion, appeaFanee, and quah� r quirements, CONTRACTOR shall provide and assume full ' responsibility for all services, materials, equipment, labor, is €ellewed bar-wards reading-that no like, equivalent transportation construction equipment and machine "oregual" item � w .;,. ..ie «tea the machinery, ., �uv� acrrcrorris�crixssxcca�sxzcz—iccm� tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other 00700 - 20 ' Suppliers may submi"ea to IIAT!"_INEED r Fevie 6.05 .A . 2 . d, as supplemented in the General undeF the 'f'i'"n "e' described 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) item in connection with the Work is subject to per€ermt least equally—well fl' ; tion payment of any license fee or royalty. All variations of the proposed substitute item from ' D'i' e"` as " funetiening .. he e and; 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. B . Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or b. CONTRACTOR shall submit sufficient procedure of construction is shown or indicated in and information as provided below to allow ENGI- expressly required by the Contract Documents, CON- NEER to deternune that the item of material or TRACTOR may furnish or utilize a substitute means, meth- equipment proposed is essentially equivalent to od, technique, sequence, or procedure of construction ' that named and an acceptable substitute therefor. approved by ENGINEER. CONTRACTOR shall submit Requests for review of proposed substitute items sufficient information to allow ENGINEER, in of material or equipment will not be accepted by ENGINEER' s sole discretion, to determine that the ENGINEER from anyone other than CON- substitute proposed is equivalent to that expressly called for ' TRACTOR. by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subpara- c . The procedure for review by ENGI- graph 6.05 .A.2 . NEER will be as set forth in paragraph ' 00700 - 21 ' 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. 053 . 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 fiuuishing 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 .B 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, or furnishing any of the Work to communicate with ENGI- or other individual or entity to furnish or perform any of the NEER through CONTRACTOR. Work against whom CONTRACTOR has reasonable objection. F. The divisions and sections of the Specifications ' and the identifications of any Drawings shall not control B . If the Supplementary Conditions require the CONTRACTOR in dividing the Work among Subcon- identity of certain Subcontractors, Suppliers, or other tractors or Suppliers or delineating the Work to be ' individuals or entities to be submitted to OWNER in performed by any specific trade. advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if G. All Work performed for CONTRACTOR by a CONTRACTOR has submitted a list thereof in accordance Subcontractor or Supplier will be pursuant to an appropriate ' with the Supplementary Conditions, OWNER' s acceptance agreement between CONTRACTOR and the Subcontractor (either in writing or by failing to make written objection or Supplier which specifically binds the Subcontractor or thereto by the date indicated for acceptance or objection in Supplier to the applicable terms and conditions of the ' the Bidding Documents or the Contract Documents) of any Contract Documents for the benefit of OWNER and ' 00700 - 22 ' 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 ' and other professionals and all court or arbitration or other adjustment, a Claim may be made therefor as provided in dispute resolution costs) arising out of or relating to any paragraph 10. 05 . infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the 6 . 10 Taxes ' incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by ' 6. 08 Permits CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable A. Unless otherwise provided in the Supplementary during the performance of the Work. Conditions, CONTRACTOR shall obtain and pay for all ' construction permits and licenses . OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses . CONTRACTOR shall pay all ' governmental charges and inspection fees necessary for the ' 00700 - 23 ' 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. t 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 3 . 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 B . CONTRACTOR shall comply with all applicable ' disposal of such waste materials, rubbish, and other debris Laws and Regulations relating to the safety of persons or shall conform to applicable Laws and Regulations , property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all ' C . Cleaning: Prior to Substantial Completion of the necessary safeguards for such safety and protection. Work CONTRACTOR shall clean the Site and make it CONTRACTOR shall notify owners of adjacent property ready for utilization by OWNER. At the completion of the and of Underground Facilities and other utility owners when Work CONTRACTOR shall remove from the Site all tools, prosecution of the Work may affect them, and shall ' appliances, construction equipment and machinery, and cooperate with them in the protection, removal, relocation, surplus materials and shall restore to original condition all and replacement of their property. All damage, injury, or property not designated for alteration by the Contract loss to any property referred to in paragraph 6. 13 .A.2 or ' Documents . 6. 13 .A.3 caused, directly or indirectly, in whole or in part, ' 00700 - 24 by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by 6 . 17 Shop Drawings and Samples any of them to perform any of the Work, or anyone for ' whose acts any of them may be liable, shall be remedied by A. CONTRACTOR shall submit Shop Drawings to CONTRACTOR (except damage or loss attributable to the ENGINEER for review and approval in accordance with the fault of Drawings or Specifications or to the acts or acceptable schedule of Shop Drawings and Sample omissions of OWNER or ENGINEER or ENGINEER' s submittals. All submittals will be identified as ENGINEER Consultant, or anyone employed by any of them, or anyone may require and in the number of copies specified in the for whose acts any of them may be liable, and not General Requirements . The data shown on the Shop attributable, directly or indirectly, in whole or in part, to the Drawings will be complete with respect to quantities, fault or negligence of CONTRACTOR or any dimensions, specified performance and design criteria, Subcontractor, Supplier, or other individual or entity materials, and similar data to show ENGINEER the directly or indirectly employed by any of them) . services, materials, and equipment CONTRACTOR ' CONTRACTOR' s duties and responsibilities for safety and proposes to provide and to enable ENGINEER to review for protection of the Work shall continue until such time as the information for the limited purposes required by all the Work is completed and ENGINEER has issued a paragraph 6. 17.E. ' notice to OWNER and CONTRACTOR in accordance with paragraph 14 . 07 .B that the Work is acceptable (except as B . CONTRACTOR shall also submit Samples to otherwise expressly provided in connection with Substantial ENGINEER for review and approval in accordance with the Completion) . acceptable schedule of Shop Drawings and Sample ' submittals . Each Sample will be identified clearly as to 6 . 14 Safety Representative material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGI- ' A. CONTRACTOR shall designate a qualified and NEER may require to enable ENGINEER to review the experienced safety representative at the Site whose duties submittal for the limited purposes required by paragraph and responsibilities shall be the prevention of accidents and 6. 17 .E. The numbers of each Sample to be submitted will the maintaining and supervising of safety precautions and be as specified in the Specifications. programs . C. Where a Shop Drawing or Sample is required by 6 . 15 Hazard Communication Programs the Contract Documents or the schedule of Shop Drawings ' and Sample submittals acceptable to ENGINEER as A. CONTRACTOR shall be responsible for coordi- required by paragraph 2 .07, any related Work performed nating any exchange of material safety data sheets or other prior to ENGINEER's review and approval of the pertinent ' hazard communication information required to be made submittal will be at the sole expense and responsibility of available to or exchanged between or among employers at CONTRACTOR the Site in accordance with Laws or Regulations. D. Submittal Procedures ' 6. 16 Emergencies 1 . Before submitting each Shop Drawing or A. In emergencies affecting the safety or protection of Sample, CONTRACTOR shall have determined and ' persons or the Work or property at the Site or adjacent verified: thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss . CONTRACTOR shall a. all field measurements, quantities, dimen- give ENGINEER prompt written notice if CONTRACTOR sions, specified performance criteria, installation ' believes that any significant changes in the Work or requirements, materials, catalog numbers, and variations from the Contract Documents have been caused similar information with respect thereto; thereby or are required as a result thereof. If ENGINEER ' determines that a change in the Contract Documents is b. all materials with respect to intended use, required because of the action taken by CONTRACTOR in fabrication, shipping, handling, storage, assem- response to such an emergency, a Work Change Directive bly, and installation pertaining to the perfor- or Change Order will be issued. mance of the Work; ' c . all information relative to means, meth- ods, techniques, sequences, and procedures of ' 00700 - 25 ' 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- incident thereto. The review and approval of a TRACTOR, Subcontractors, Suppliers, or any other separate item as such will not indicate approval of individual or entity for whom CONTRACTOR is the assembly in which the item functions. responsible; or ' 3 . ENGINEER' s review and approval of 2 . normal wear and tear under normal Shop Drawings or Samples shall not relieve CON- usage. ' TRACTOR from responsibility for any variation ' 00700 - 26 B . CONTRACTOR' s obligation to perform and 2 . is eaused in •• ele or in part by any ne^r: complete the Work in accordance with the Contract , any Sub Documents shall be absolute. None of the following will eentF etOF Supplier-, anyindividual or entity constitute an acceptance of Work that is not in accordance a.reetly or indir-eedy epleye ,l by any of them t^ with the Contract Documents or a release of perferm any of the Wer-k OF all)FEffle for- 34iase acts. CONTRACTOR' s obligation to perform the Work in any of there may he liable e ".-dies of .. .hetheF OF ' accordance with the Contract Documents : not eausea i paF4 by any eereence ^r- emission ^f 1 , observations by ENGINEER; .hethe_ l : "hili...F sea upon eh inde.. , ,; fed party by Laws and RegUlafiORS FegaFdless of the ' 2 , recommendation by ENGINEER or pay- negligenee of my ". .eh individual ^ entity . ment by OWNER of any progress or final payment; B . In any and all claims against OWNER or ENGI- ' 3 . the issuance of a certificate of Substantial NEER or any of their respective consultants, agents, Completion by ENGINEER or any payment related officers, directors, partners, or employees by any employee thereto by OWNER; (or the survivor or personal representative of such ' employee) of CONTRACTOR, any Subcontractor, any 4 , use or occupancy of the Work or any part Supplier, or any individual or entity directly or indirectly thereof by OWNER; employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the ' 5 , any acceptance by OWNER or any indemnification obligation under paragraph 6.20.A shall not failure to do so ; be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or ' 6. any review and approval of a Shop Draw- for CONTRACTOR or any such Subcontractor, Supplier, ing or Sample submittal or the issuance of a notice or other individual or entity under workers ' compensation of acceptability by ENGINEER; acts, disability benefit acts, or other employee benefit acts. ' 7, any inspection, test, or approval by C. The indemnification obligations of CONTRAC- others; or TOR under paragraph 6 .20.A shall not extend to the liability of ENGINEER and ENGINEER' s Consultants or ' 8 . any correction of defective Work by to the officers, directors, partners, employees, agents, and OWNER, other consultants and subcontractors of each and any of them arising out of: 6 . 20 Indemnification 1 . the preparation or approval of, or the Paragraph 6.20.A has been deleted and replaced with a failure to prepare or approve, maps, Drawings, new paragraph. See the Supplementary Conditions. opinions, reports, surveys, Change Orders, designs, ' A. To the fullest extent pe.-.. .:tte,l by Lamps an or Specifications ; or Regulations DAGTQ ..shell inde. ify and hold OWf'NS ,41T�1'f• ENGI:Ph n E-14 -TNEE r-,.nsul 2 . giving directions or instructions, or taus, and the e€fieers, direeters, pa a els, enVleyee , failing to give them, if that is the primary cause of the injury or damage. any of them ftem and against all elaims, costs, losses, and daFnages (including but not lin ted to all fees and charges of ' e." rchitsets ett^... e. ." and ether- professionals and ARTICLE 7 - OTHER WORK all ,.. ..-t a ar-bit... tionor- other- disp ,te r-eselution costs out of o relating to the peifennanee of the 3AIe 4E . .ided that any s eh els :.., eost lossor- dafn" ,.e . 7 . 01 Related Work at Site is " ttFibut"hie to bodily injury, ick ess A. OWNER may perform other work related to the disease, r- deafli5 eF te4xJu' r"T' -tO or--odes raefie ref Project at the Site by OWNER' s employees, or let other ' tangible--prepefty -(other— than the .x err E itselo, direct contracts therefor, or have other work performed by ineluding the less Of USO FeSUlting therefrom; utility owners . If such other work is not noted in the Con- tract Documents, then: ' 00700 - 27 1 . written notice thereof will be given to activities among the various contractors will be CONTRACTOR prior to starting any such other identified; 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 bilities 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 engineers this paragraph are for the benefit of such utility owners and r'QNgT, n GT-Q makes D ,..hale obj .: 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 ' C. 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 integration with CONTRACTOR' s Work except for latent 8 . 05 Lands and Easements; Reports and Tests ' defects and deficiencies in such other work. A. OWNER's duties in respect of providing lands and 7 . 02 Coordination easements and providing engineering surveys to establish ' reference points are set forth in paragraphs 4 .01 and 4 . 05 . A. If OWNER intends to contract with others for the Paragraph 4 . 02 refers to OWNER ' s identifying and making performance of other work on the Project at the Site, the available to CONTRACTOR copies of reports of explora- following will be set forth in Supplementary Conditions : tions and tests of subsurface conditions and drawings of ' physical conditions in or relating to existing surface or 1 . the individual or entity who will have subsurface structures at or contiguous to the Site that have authority and responsibility for coordination of the been utilized by ENGINEER in preparing the Contract ' Documents . ' 00700 - 28 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 .13 . 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 Condition ENGINEER 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 obligations under the Contract Documents, OWNER' s will furnish a Resident Project Representative to assist responsibility in respect thereof will be as set forth in the ENGINEER in providing more extensive observation of the ' Supplementary Conditions. Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9 . 10 and in the ' ARTICLE 9 - ENGINEER' S STATUS DURING Supplementary Conditions . If OWNER designates another CONSTRUCTION representative or agent to represent OWNER at the Site who is not ENGINEER' s Consultant, agent or employee, the responsibilities and authority and limitations thereon of ' 9 . 01 0 WNER 'S Representative such other individual or entity will be as provided in the Supplementary Conditions. A. ENGINEER will be OWNER' s representative ' during the construction period. The duties and responsi- 00700 - 29 ' 9 . 04 Clarifications and Interpretations C . In connection with ENGINEER' s authority as to Applications for Payment, see Article 14 . A. ENGINEER will issue with reasonable promptness ' such written clarifications or interpretations of the require- 9 .08 Determinations for Unit Price Work ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the A. ENGINEER will determine the actual quantities ' intent of and reasonably inferable from the Contract Docu- and classifications of Unit Price Work performed by ments. Such written clarifications and interpretations will CONTRACTOR. ENGINEER will review with CON- be binding on OWNER and CONTRACTOR. If OWNER TRACTOR the ENGINEER' s preliminary determinations ' and CONTRACTOR are unable to agree on entitlement to on such matters before rendering a written decision thereon or on the amount or extent, if any, of any adjustment in the (by recommendation of an Application for Payment or Contract Price or Contract Times, or both, that should be otherwise) . ENGINEER' s written decision thereon will be allowed as a result of a written clarification or interpre- final and binding (except as modified by ENGINEER to ' tation, a Claim may be made therefor as provided in reflect changed factual conditions or more accurate data) paragraph 10. 05 . upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05 . 9 . 05 Authorized Variations in Work 9 .09 Decisions on Requirements of Contract A. ENGINEER may authorize minor variations in the Documents and Acceptability of Work Work from the requirements of the Contract Documents ' which do not involve an adjustment in the Contract Price or A. ENGINEER will be the initial interpreter of the the Contract Times and are compatible with the design requirements of the Contract Documents and judge of the concept of the completed Project as a functioning whole as acceptability of the Work thereunder. Claims, disputes and ' indicated by the Contract Documents . These may be other matters relating to the acceptability of the Work, the accomplished by a Field Order and will be binding on quantities and classifications of Unit Price Work, the OWNER and also on CONTRACTOR, who shall perform interpretation of the requirements of the Contract the Work involved promptly. If OWNER and CONTRAC- Documents pertaining to the performance of the Work, and TOR are unable to agree on entitlement to or on the amount Claims seeking changes in the Contract Price or Contract or extent, if any, of any adjustment in the Contract Price or Times will be referred initially to ENGINEER in writing, in Contract Times, or both, as a result of a Field Order, a accordance with the provisions of paragraph 10.05 , with a Claim may be made therefor as provided in paragraph request for a formal decision. 10. 05 . Paragraph 9.09.13 has been deleted in its entirety. 9 . 06 Rejecting Defective Work B . lAqwa funetioning as interpreter- and judge tmdef this paragraph 9 . 09, ENGPMER :%ill net shew paf4ialily to A. ENGINEER will have authority to disapprove or OWNER or- GOON Tn CTO and .. .: n not be liable in. reject Work which ENGINEER believes to be defective, or ' that ENGINEER believes will not produce a completed geed fad in sueh e-apaehy'lhe Fende»g- of a desisien by Project that conforms to the Contract Documents or that ENGP_ EE . .,t to this paragraph 9 . 09 .. .:a, _o eet to will prejudice the integrity of the design concept of the any sueh sueClain, dispute, or other .. . uef (except any •4iieh completed Project as a functioning whole as indicated by have been ea by the -main• eF aceeptanee of fiaa ' the Contract Documents . ENGINEER will also have paymei# ^ ^ - 0• .: aoa in paragraph 14 . 07) .. ,.•n be ^ ,.ondit: en authority to require special inspection or testing of the Work pFecedent as provided in paragraph 13 .04, whether or not the Work is Of SUGh Fig t^ OF ^midi^^ either may othef3A4se have ' fabricated, installed, or completed. ..ae the Gentff^ ,.t r'^^• • " RegulatiORS o ism oet ,. ..• •,.1, !`1 f any aLx dispute, o other- l^tte 9 . 07 Shop Drawings, Change Orders and Payments ' 9 . 10 Limitations on ENGINEER 's Authority and A. In connection with ENGINEER's authority as to Responsibilities Shop Drawings and Samples, see paragraph 6 . 17 . A. Neither ENGINEER' s authority or responsibility ' B . In connection with ENGINEER' s authority as to under this Article 9 or under any other provision of the Change Orders, see Articles 10, 11 , and 12 . Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such ' authority or responsibility or the undertaking, exercise, or ' 00700 - 30 ' performance of any authority or responsibility by of an adjustment in the Contract Price or Contract Times, or ENGINEER shall create, impose, or give rise to any duty in both, that should be allowed as a result of a Work Change contract, tort, or otherwise owed by ENGINEER to Directive, a Claim may be made therefor as provided in ' CONTRACTOR, any Subcontractor, any Supplier, any paragraph 10 . 05 . other individual or entity, or to any surety for or employee or agent of any of them. 10 . 02 Unauthorized Changes in the Work ' B . ENGINEER will not supervise, direct, control, or A. CONTRACTOR shall not be entitled to an have authority over or be responsible for CONTRACTOR' s increase in the Contract Price or an extension of the means, methods, techniques, sequences, or procedures of Contract Times with respect to any work performed that is construction, or the safety precautions and programs not required by the Contract Documents as amended, incident thereto, or for any failure of CONTRACTOR to modified, or supplemented as provided in paragraph 3 .04, comply with Laws and Regulations applicable to the perfor- except in the case of an emergency as provided in paragraph ' mance of the Work. ENGINEER will not be responsible 6 . 16 or in the case of uncovering Work as provided in for CONTRACTOR' s failure to perform the Work in accor- paragraph 13 .04 .B . dance with the Contract Documents. 10 . 03 Execution of Change Orders C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any A. OWNER and CONTRACTOR shall execute Supplier, or of any other individual or entity performing appropriate Change Orders recommended by ENGINEER any of the Work. (or Written Amendments) covering: D . ENGINEER's review of the final Application for 1 . changes in the Work which are : (i) Payment and accompanying documentation and all mainte- ordered by OWNER pursuant to paragraph 10.0l .A, nance and operating instructions, schedules, guarantees, (ii) required because of acceptance of defective Bonds, certificates of inspection, tests and approvals, and Work under paragraph 13 . 08 .A or OWNER' s other documentation required to be delivered by paragraph correction of defective Work under paragraph 13 .09, 14 . 07.A will only be to determine generally that their or (iii) agreed to by the parties; content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the 2 . changes in the Contract Price or Contract results certified indicate compliance with, the Contract Times which are agreed to by the parties, including Documents. any undisputed sum or amount of time for Work actually performed in accordance with a Work E. The limitations upon authority and responsibility Change Directive; and ' set forth in this paragraph 9. 10 shall also apply to ENGINEER' s Consultants, Resident Project Repre- 3 . changes in the Contract Price or Contract sentative, and assistants. Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- ARTICLE 10 - CHANGES IN THE WORK; CLAIMS graph 10 .05 ; provided that, in lieu of executing any such Change Order, an appeal may be taken from ' any such decision in accordance with the provisions 10 .01 Authorized Changes in the Work of the Contract Documents and applicable Laws and Regulations, but during any such appeal, A. Without invalidating the Agreement and without CONTRACTOR shall carry on the Work and adhere ' notice to any surety, OWNER may, at any time or from time to the progress schedule as provided in paragraph to time, order additions, deletions, or revisions in the Work 6. 18 .A. by a Written Amendment, a Change Order, or a Work ' Change Directive. Upon receipt of any such document, 10 . 04 Notification to Surety CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable A. If notice of any change affecting the general scope conditions of the Contract Documents (except as otherwise of the Work or the provisions of the Contract Documents ' specifically provided). (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be B . If OWNER and CONTRACTOR are unable to given to a surety, the giving of any such notice will be ' agree on entitlement to, or on the amount or extent, if any, CONTRACTOR' s responsibility. The amount of each ' 00700 - 31 ' applicable Bond will be adjusted to reflect the effect of any such change . C . If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10 .05 .13 , a ' 10 . 05 Claims and Disputes decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal A. Notice: Written notice stating the general nature of the claimant or the last submittal of the opposing party, ' of each Claim, dispute, or other matter shall be delivered by if any. the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after D . No Claim for an adjustment in Contract Price or the start of the event giving rise thereto. Notice of the Contract Times (or Milestones) will be valid if not amount or extent of the Claim, dispute, or other matter with submitted in accordance with this paragraph 10 .05 . supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start ' of such event (unless ENGINEER allows additional time ARTICLE 11 - COST OF THE WORK; CASH for claimant to submit additional or more accurate data in ALLOWANCES ; UNIT PRICE WORK support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12 .01 .B . A 11 . 01 Cost of the Work Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12 . 02 .13 . A. Costs Included: The term Cost of the Work means ' Each Claim shall be accompanied by claimant's written the sum of all costs necessarily incurred and paid by CON- statement that the adjustment claimed is the entire TRACTOR in the proper performance of the Work. When adjustment to which the claimant believes it is entitled as a the value of any Work covered by a Change Order or when result of said event. The opposing party shall submit any a Claim for an adjustment in Contract Price is determined response to ENGINEER and the claimant within 30 days on the basis of Cost of the Work, the costs to be reimbursed after receipt of the claimant' s last submittal (unless to CONTRACTOR will be only those additional or ENGINEER allows additional time). incremental costs required because of the change in the ' Work or because of the event giving rise to the Claim. B . ENGINEER 's Decision : ENGINEER will render Except as otherwise may be agreed to in writing by a formal decision in writing within 30 days after receipt of OWNER, such costs shall be in amounts no higher than the last submittal of the claimant or the last submittal of the those prevailing in the locality of the Project, shall include i opposing party, if any. ENGINEER' s written decision on only the following items, and shall not include any of the such Claim, dispute, or other matter will be final and costs itemized in paragraph 11 .0I .B . binding upon OWNER and CONTRACTOR unless: ' 1 . Payroll costs for employees in the direct 1 . an appeal from ENGINEER's decision is employ of CONTRACTOR in the performance of taken within the time limits and in accordance with the Work under schedules of job classifications the dispute resolution procedures set forth in Article agreed upon by OWNER and CONTRACTOR. 16; or Such employees shall include without limitation superintendents, foremen, and other personnel ' 2 . if no such dispute resolution procedures employed full time at the. Site . Payroll costs for have been set forth in Article 16, a written notice of employees not employed full time on the Work shall intention to appeal from ENGINEER' s written be apportioned on the basis of their time spent on the decision is delivered by OWNER or CONTRAC- Work. Payroll costs shall include, but not be limited ' TOR to the other and to ENGINEER within 30 days to, salaries and wages plus the cost of fringe after the date of such decision, and a formal benefits, which shall include social security proceeding is instituted by the appealing party in a contributions, unemployment, excise, and payroll forum of competent jurisdiction within 60 days after taxes, workers ' compensation, health and retirement the date of such decision or within 60 days after benefits, bonuses, sick leave, vacation and holiday Substantial Completion, whichever is later (unless pay applicable thereto . The expenses of performing otherwise agreed in writing by OWNER and Work outside of regular working hours, on Saturday, ' CONTRACTOR), to exercise such rights or Sunday, or legal holidays, shall be included in the remedies as the appealing party may have with above to the extent authorized by OWNER. respect to such Claim, dispute, or other matter in ' accordance with applicable Laws and Regulations . ' 00700 - 32 ' 2 . Cost of all materials and equipment fur- rental agreements approved by OWNER with the nished and incorporated in the Work, including costs advice of ENGINEER, and the costs of of transportation and storage thereof, and Suppliers ' transportation, loading, unloading, assembly, ' field services required in connection therewith. All dismantling, and removal thereof. All such costs cash discounts shall accrue to CONTRACTOR shall be in accordance with the terms of said rental unless OWNER deposits funds with agreements. The rental of any such equipment, ma- CONTRACTOR with which to make payments, in chinery, or parts shall cease when the use thereof is which case the cash discounts shall accrue to no longer necessary for the Work. OWNER. All trade discounts, rebates and refunds ' and returns from sale of surplus materials and d. Sales, consumer, use, and other similar equipment shall accrue to OWNER, and taxes related to the Work, and for which CON- CONTRACTOR shall make provisions so that they TRACTOR is liable, imposed by Laws and Regu- may be obtained. lations. 3 . Payments made by CONTRACTOR to e . Deposits lost for causes other than negli- Subcontractors for Work performed by gence of CONTRACTOR, any Subcontractor, or ' Subcontractors. If required by OWNER, CON- anyone directly or indirectly employed by any of TRACTOR shall obtain competitive bids from them or for whose acts any of them may be liable, subcontractors acceptable to OWNER and CON- and royalty payments and fees for permits and TRACTOR and shall deliver such bids to OWNER, licenses . ' who will then determine, with the advice of ENGI- NEER, which bids, if any, will be acceptable. If any f. Losses and damages (and related expenses) subcontract provides that the Subcontractor is to be caused by damage to the Work, not compensated by paid on the basis of Cost of the Work plus a fee, the insurance or otherwise, sustained by Subcontractor' s Cost of the Work and fee shall be CONTRACTOR in connection with the perfor- determined in the same manner as mance of the Work (except losses and damages CONTRACTOR' s Cost of the Work and fee as within the deductible amounts of property insurance provided in this paragraph 11 .01 . established in accordance with paragraph 5 .06.D), provided such losses and damages have resulted 4 . Costs of special consultants (including from causes other than the negligence of ' but not limited to engineers, architects, testing CONTRACTOR, any Subcontractor, or anyone laboratories, surveyors, attorneys, and accountants) directly or indirectly employed by any of them or for employed for services specifically related to the whose acts any of them may be liable. Such losses Work. shall include settlements made with the written consent and approval of OWNER. No such losses, 5 . Supplemental costs including the damages, and expenses shall be included in the Cost following: of the Work for the purpose of detemmining CONTRACTOR' s fee . a. The proportion of necessary trans- portation, travel, and subsistence expenses of g. The cost of utilities, fuel, and sanitary CONTRACTOR' s employees incurred in discharge facilities at the Site . of duties connected with the Work. h. Minor expenses such as telegrams, long b . Cost, including transportation and main- distance telephone calls, telephone service at the ' tenance, of all materials, supplies, equipment, Site, expressage, and similar petty cash items in machinery, appliances, office, and temporary facili- connection with the Work. ties at the Site, and hand tools not owned by the ' workers, which are consumed in the performance of i. When the Cost of the Work is used to the Work, and cost, less market value, of such items determine the value of a Change Order or of a used but not consumed which remain the property of Claim, the cost of premiums for additional Bonds CONTRACTOR. and insurance required because of the changes in the ' Work or caused by the event giving rise to the C . Rentals of all construction equipment and Claim. machinery, and the parts thereof whether rented ' from CONTRACTOR or others in accordance with 00700 - 33 ' j . When all the Work is performed on the D . Documentation : Whenever the Cost of the Work basis of cost-plus, the costs of premiums for all for any purpose is to be determined pursuant to paragraphs Bonds and insurance CONTRACTOR is required by I LOLA and 11 .0LB , CONTRACTOR will establish and ' the Contract Documents to purchase and maintain. maintain records thereof in accordance with generally accepted accounting practices and submit in a form B . Costs Excluded: The term Cost of the Work shall acceptable to ENGINEER an itemized cost breakdown not include any of the following items : together with supporting data. 1 . Payroll costs and other compensation of 11 . 02 Cash Allowances ' CONTRACTOR' s officers, executives, principals (of partnerships and sole proprietorships), general A. It is understood that CONTRACTOR has included managers, engineers, architects, estimators, attor- in the Contract Price all allowances so named in the neys, auditors, accountants, purchasing and con- Contract Documents and shall cause the Work so covered to ' tracting agents, expediters, timekeepers, clerks, and be performed for such sums as may be acceptable to other personnel employed by CONTRACTOR, OWNER and ENGINEER. CONTRACTOR agrees that: whether at the Site or in CONTRACTOR' s principal or branch office for general administration of the 1 . the allowances include the cost to CON- Work and not specifically included in the agreed TRACTOR (less any applicable trade discounts) of upon schedule of job classifications referred to in materials and equipment required by the allowances paragraph 11 .01 .A. 1 or specifically covered by to be delivered at the Site, and all applicable taxes; paragraph 11 .01 .A.4 , all of which are to be and considered administrative costs covered by the CONTRACTOR's fee . 2 . CONTRACTOR' s costs for unloading and handling on the Site, labor, installation costs, 2 . Expenses of CONTRACTOR' s principal overhead, profit, and other expenses contemplated and branch offices other than CONTRACTOR' s for the allowances have been included in the office at the Site. Contract Price and not in the allowances, and no ' demand for additional payment on account of any of 3 . Any part of CONTRACTOR' s capital the foregoing will be valid. expenses, including interest on CONTRACTOR' s ' capital employed for the Work and charges against B . Prior to final payment, an appropriate Change CONTRACTOR for delinquent payments. Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of 4. Costs due to the negligence of CON- Work covered by allowances, and the Contract Price shall ' TRACTOR, any Subcontractor, or anyone directly be correspondingly adjusted. or indirectly employed by any of them or for whose acts any of them may be liable, including but not 11 . 03 Unit Price Work ' limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and A. Where the Contract Documents provide that all or making good any damage to property. part of the Work is to be Unit Price Work, initially the ' Contract Price will be deemed to include for all Unit Price 5 . Other overhead or general expense costs Work an amount equal to the sum of the unit price for each of any kind and the costs of any item not specifically separately identified item of Unit Price Work times the and expressly included in paragraphs 11 .0 LA and estimated quantity of each item as indicated in the Agree- 11 . 01 .13 . ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of C. CONTRACTOR 's Fee: When all the Work is comparison of Bids and determining an initial Contract ' performed on the basis of cost-plus, CONTRACTOR' s fee Price. Determinations of the actual quantities and shall be determined as set forth in the Agreement. When classifications of Unit Price Work performed by the value of any Work covered by a Change Order or when CONTRACTOR will be made by ENGINEER subject to a Claim for an adjustment in Contract Price is determined the provisions of paragraph 9 . 08 . ' on the basis of Cost of the Work, CONTRACTOR' s fee shall be determined as set forth in paragraph 12 .01 .C. B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to ' 00700 - 34 . . . • WAWA 19- Is own I • • • • ' _ • ' • • . • . . A r.Tr-vp.wwvrvrl • • • • ' • • - • - / • • ' • • ' • ' / 1 1 1 1 • • • • • • • • 1 . ' • • • • . rr • • . • . - 0 • - 1 • - • • • - - • • • • ' • • ' IVA IF 1 i • i _ • • Aw 1 • • • • • • • • •IF • • C1 • A • • • . ' . • 1 • • • • • . - WWAWIWWW • • • • 1 . � • 11 IF • - 1 • - • • • • • • . - - - fflilill 0 111 11 Ili - - - 6 .111 • • I - A=. a a A PRIM xwpcvmvmmm" ON miff k r . A ars"I . IF 120 p Morp 11 11 graphs 1-2 . 01 . G . 2 . a—direugh 2 . 01 . G . 2 .e, in 12 . 06 Delay Damages sive ' Paragraphs 12 .06.A and 12 .06 B have been deleted and 12 . 02 Change of Contract Times replaced with a new paragraph. See the Supplementary Conditions. A. The Contract Times (or Milestones) may only be A. 1n no event shall OAWER or EN ' changed by a Change Order or by a Written Amendment. liable + rnrrT� n rTnnany c„,., n.,-act . c, .pplie 114V1V {V VVStZZ ~, ', Any Claim for an adjustment in the Contract Times (or ^~ ^µll ' ethe1 1J �, A atio r to f et . - OF Vl LLV1JV11�J} Milestones) shall be based on written notice submitted by Yll SV {..V�^J e J1T sV FA of any of t e.y, f_ damages arising-out ZZ ' the party making the claim to the ENGINEER and the other Of OF FeStilfifig party to the Contract in accordance with the provisions of paragraph 10. 05 . 1 . delays eaused by YAidija eentr rni rrn n CT-O . „r ' B . Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for 2 . delays beyead she a Menem— of—beth an adjustment in the Contract Times (or Milestones) will be nWn.,Ev and GO-PqRAGTOR incl . ding but no determined in accordance with the provisions of this , abnormal weathe.r- Article 12 . V, Vn11V111ditiV1I., ^ , aets of god, n etseF egleet b utili+„ OF V7rllVln other- 12 . 03 Delays Beyond CONTRACTOR 's Control as eepAemplated by Aftiele 7 . ' A. Where CONTRACTOR is prevented from B . NeAift in this paragraph 12 .06 bars-a eh a ge mi completing any part of the Work within the Contract Times D aet Centf �u^e pufsuatA to this r fie' e 12 e sate c.Vaauuc{� ' (or Milestones) due to delay beyond the control of G0 T4 ? ACTOR due to delay, disruption CONTRACTOR, the Contract Times (or Milestones) will a;_eedy attributable to aeti fts , inactions „c 014WEn eF be extended in an amount equal to the time lost due to such anyO ae feFWheffl ,QA1TkM ; sible uaa v delay if a Claim is made therefor as provided in paragraph ' 12 .02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by ARTICLE 13 - TESTS AND INSPECTIONS ; OWNER, acts or neglect of utility owners or other CORRECTION, REMOVAL OR ACCEPTANCE OF ' contractors perforniing other work as contemplated by DEFECTIVE WORK Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. ' 13 . 01 Notice of Defects 12 . 04 Delays Within CONTRACTOR 's Control A. Prompt notice of all defective Work of which A. The Contract Times (or Milestones) will not be OWNER or ENGINEER has actual knowledge will be ' extended due to delays within the control of given to CONTRACTOR. All defective Work may be CONTRACTOR. Delays attributable to and within the rejected, corrected, or accepted as provided in this control of a Subcontractor or Supplier shall be deemed to be Article 13 . ' delays within the control of CONTRACTOR. 13 . 02 Access to Work 12 .05 Delays Beyond OWNER 's and CONTRACTOR 's Control A. OWNER, ENGINEER, ENGINEER' s Con- sultants, other representatives and personnel of OWNER, A. Where CONTRACTOR is prevented from independent testing laboratories, and governmental agencies completing any part of the Work within the Contract Times with jurisdictional interests will have access to the Site and ' (or Milestones) due to delay beyond the control of both the Work at reasonable times for their observation, OWNER and CONTRACTOR, an extension of the inspecting, and testing. CONTRACTOR shall provide Contract Times (or Milestones) in an amount equal to the them proper and safe conditions for such access and advise time lost due to such delay shall be CONTRACTOR' s sole them of CONTRACTOR ' s Site safety procedures and and exclusive remedy for such delay. programs so that they may comply therewith as applicable. ' 00700 - 36 ' 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 . OWNER shall e..,..ley and pay for. the ^ er. .: ee^ "F A. If any Work is covered contrary to the written ' request of ENGINEER, it must, if requested by ENGI- te^t^ OF aPPF6NTalS required by the Gei4raet Doeume„t^ NEER, be uncovered for ENGINEER ' s observation and exeeptt replaced at CONTRACTOR ' s expense. ' 1 . fel inspeetiens, tests, or- appre;als Parts of the last two sentences of paragraph 13 .04.B YV YYlY4 Ll1paragraphs 13 •03 •G and 1 3 • 03 •D bel , • •, have been deleted, ' B . If ENGINEER considers it necessary or advisable 2 • dm4 eests—inc-ufredineenneetieB. 3A4.h. that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER' s 13 .04 .B shall be paid as pfovided in said paFagfaph request, shall uncover, expose, or otherwise make available ' 113 . 0 for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all 3 . as ethem4se speeifieallyff0vided in 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 ' Go if Laws-OF Regulafions of any publiebody hair or other dispute resolution costs) arising out of or relating to jtiFisdietien require any We& (eF paFt thereof) ^ e: ae^ lh , such uncovering, exposure, observation, inspection, and te be inspeeted, tested eF appr-eved by an ., ,pleyee ” ether testing, and of satisfactory replacement or reconstruction ' representative o f ^„ eh publ :e body, GOl W4v n GTnv ^hal (including but not limited to all costs of repair or representative 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-an grease in ' arranging and obtaining and shall pay all costs in connection the Gent..^ et nr:ee "r an extension of the Contract Times (or with any inspections, tests, or approvals required for Milestones), err 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 agree as to theamount er extent thereof, CONTRACTOR prior to CONTRACTOR' s purchase thereof for may make a Claim therefor as provided in paragraph 10 . 05 . incorporation in the Work. Such inspections, tests, or ' approvals shall be performed by organizations acceptable to Paragraph 13.05.A has been deleted and replaced with a OWNER and ENGINEER. new paragraph. See the Supplementary Conditions. ' E. If any Work (or the work of others) that is to be 13 . 05 OWNER May Stop the Work inspected, tested, or approved is covered by CONTRAC- TOR without written concurrence of ENGINEER, it must, A. if the War- . : ^ defective, efctive or C-ONT'D n GTnn fails if requested by ENGINEER, be uncovered for observation. to supply suffie:e„t skilled . er-ke..^ a :table forte--:els of e .: ..,en or fails to pert Em the \lark i „ eh a mray that Yl1Ll1rJ 111Y 11L, ^ F. Uncovering Work as provided in paragraph the eempleted Wer--will con€em3tethe Centraet 13 .03 .E shall be at CONTRACTOR' s expense unless CON- Doeu Y„t^, OWNER way order- C0NT-R n (;Tnn to ^t”„ ' TRACTOR has given ENGINEER timely notice of the Work, or- any "rt: ”„ there"v , ..t:1 the ^ e for sue ' 00700 - 37 ' OFdeF has been el4r natoa . w,.., .o. .o. this Fight Of CAS ;nv B . In special circumstances where a particular item of stop 1V t„ a eAE shall not a to . duty uty en the part equipment is placed in continuous service before JLV 1 �a ' of "I'VN R to exeFeise this rt ri^ €eF the �€g Substantial Completion of all the Work, the correction C611*1' RAGTOP? , miy Subeenttaeter, anTSupplier, any period for that item may start to run from an earlier date if Ather- individual or- entity, eFany suFet)r for- or- empleyee of so provided in the Specifications or by Written Amendment. agent of any of the ' C. Where defective Work (and damage to other Work 13 .06 Correction or Removal of Defective Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13 . 07 , the correction period ' A. CONTRACTOR shall correct all defective Work, hereunder with respect to such Work will be extended for whether or not fabricated, installed, or completed, or, if the an additional period of one year after such correction or Work has been rejected by ENGINEER, remove it from the removal and replacement has been satisfactorily completed. Project and replace it with Work that is not defective . ' CONTRACTOR shall pay all Claims, costs, losses, and D . CONTRACTOR' s obligations under this damages (including but not limited to all fees and charges of paragraph 13 . 07 are in addition to any other obligation or engineers, architects, attorneys, and other professionals and warranty. The provisions of this paragraph 13 .07 shall not ' all court or arbitration or other dispute resolution costs) be construed as a substitute for or a waiver of the provisions arising out of or relating to such correction or removal of any applicable statute of limitation or repose . (including but not limited to all costs of repair or replacement of work of others) . 13 .08 Acceptance of Defective Work ' 13 . 07 Correction Period A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ' A. If within one year after the date of Substantial ENGINEER's recommendation of final payment, Completion or such longer period of time as may be ENGINEER) prefers to accept it, OWNER may do so. prescribed by Laws or Regulations or by the terms of any CONTRACTOR shall pay all Claims, costs, losses, and applicable special guarantee required by the Contract damages (including but not limited to all fees and charges of ' Documents or by any specific provision of the Contract engineers, architects, attorneys, and other professionals and Documents, any Work is found to be defective, or if the all court or arbitration or other dispute resolution costs) repair of any damages to the land or areas made available attributable to OWNER' s evaluation of and determination ' for CONTRACTOR' s use by OWNER or permitted by to accept such defective Work (such costs to be approved Laws and Regulations as contemplated in paragraph 6. 1 LA by ENGINEER as to reasonableness) and the diminished is found to be defective, CONTRACTOR shall promptly, value of the Work to the extent not otherwise paid by ' without cost to OWNER and in accordance with OWNER' s CONTRACTOR pursuant to this sentence. If any such written instructions : (i) repair such defective land or areas, acceptance occurs prior to ENGINEER' s recommendation or (ii) correct such defective Work or, if the defective Work of final payment, a Change Order will be issued has been rejected by OWNER, remove it from the Project incorporating the necessary revisions in the Contract ' and replace it with Work that is not defective, and (iii) Documents with respect to the Work, and OWNER shall be satisfactorily correct or repair or remove and replace any entitled to an appropriate decrease in the Contract Price, damage to other Work, to the work of others or other land reflecting the diminished value of Work so accepted. If the or areas resulting therefrom If CONTRACTOR does not parties are unable to agree as to the amount thereof, promptly comply with the terms of such instructions, or in OWNER may make a Claim therefor as provided in an emergency where delay would cause serious risk of loss paragraph 10.05 . If the acceptance occurs after such or damage, OWNER may have the defective Work recommendation, an appropriate amount will be paid by ' corrected or repaired or may have the rejected Work re- CONTRACTOR to OWNER. moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of 13 . 09 OWNER May Correct Defective Work ' engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) A. If CONTRACTOR fails within a reasonable time arising out of or relating to such correction or repair or such after written notice from ENGINEER to correct defective removal and replacement (including but not limited to all Work or to remove and replace rejected Work as required ' costs of repair or replacement of work of others) will be by ENGINEER in accordance with paragraph 13 . 06 .A, or if paid by CONTRACTOR. CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to ' comply with any other provision of the Contract ' 00700 - 38 ' 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 lished 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 B . Review of Applications by OWNER of OWNER' s rights and remedies under this paragraph 13 . 09. 1 . ENGINEER will, within 10 days after ' receipt of each Application for Payment, either indicate in writing a recommendation of payment ARTICLE 14 - PAYMENTS TO CONTRACTOR AND and present the Application to OWNER or return the ' COMPLETION Application to CONTRACTOR indicating in writing ENGINEER' s reasons for refusing to recommend payment. In the latter case, CONTRACTOR may 14 . 01 Schedule of Values make the necessary corrections and resubmit the ' A. The schedule of values established as provided in Application. paragraph 2 .07.A will serve as the basis for progress 2 . ENGINEER ' s recommendation of any ' payments and will be incorporated into a form of Applica- payment requested in an Application for Payment ' 00700 - 39 ' 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 projects.) CONTRACTOR. C. Payment Becomes Due 4 . Neither ENGINEER' s review of 1 . Ten days—ager- Presentation of tffi.e CONTRACTOR' s Work for the purposes of recom- Apglieation for Payment to 03AWER —vim ' mending payments nor ENGINEER' s recommenda- E:`TGPMER' a ti the u ra.c.varur , tion of any payment, including final payment, will impose responsibility on ENGINEER to supervise, 14 02 D) beee fe due, and YAfien due 1A411 be paid b . v�. .L w direct, or control the Work or for the means, meth- OWNER to GOM4r n GTO ' ods, techniques, sequences, or procedures of construction, or the safety precautions and programs D . Reduction in Payment incident thereto, or for CONTRACTOR's failure to ' comply with Laws and Regulations applicable to 1 . OWNER may refuse to make payment of CONTRACTOR' s performance of the Work. the full amount recommended by ENGINEER Additionally, said review or recommendation will because : ' not impose responsibility on ENGINEER to make ' 00700 - 40 a. claims have been made against OWNER Promptly thereafter, OWNER, CONTRACTOR, and on account of CONTRACTOR ' s performance or ENGINEER shall make an inspection of the Work to furnishing of the Work; determine the status of completion. If ENGINEER does not ' consider the Work substantially complete, ENGINEER will Part of Paragraph 14.02 .D.1 .2 .b. has been deleted . notify CONTRACTOR in writing giving the reasons b . Liens have been filed in connection with therefor. If ENGINEER considers the Work substantially the Work, eiieept ,. .he .e CONTRACTOR f TO h complete, ENGINEER will prepare and deliver to OWNER YY1116r deli. . 1{.r ed " ",.; f: ,, Bond satisf etei.. . to n" "`T a tentative certificate of Substantial Completion which shall ER to seeuEe the satin faetie;, and aicchar—gfix the date of Substantial Completion. There shall be sues; attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER c . there are other items entitling OWNER to shall have seven days after receipt of the tentative certificate a set-off against the amount recommended; or during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after d. OWNER has actual knowledge of the considering such objections, ENGINEER concludes that the occurrence of any of the events enumerated in Work is not substantially complete, ENGINEER will within paragraphs 14 .02 .B . 5 .a through 14 .02 .B . 5 .c or 14 days after submission of the tentative certificate to paragraph 15 .02 .A. OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER' s New paragraphs 14.02.D. 1 .e, f, and g have been added . objections, ENGINEER considers the Work substantially ' See the Supplementary Conditions. complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive 2 . If OWNER refuses to make payment of certificate of Substantial Completion (with a revised ' the full amount recommended by ENGINEER, tentative list of items to be completed or corrected) OWNER must give CONTRACTOR immediate reflecting such changes from the tentative certificate as written notice (with a copy to ENGINEER) stating ENGINEER believes justified after consideration of any the reasons for such action and promptly pay CON- objections from OWNER. At the time of delivery of the TRACTOR any amount remaining after deduction tentative certificate of Substantial Completion ENGINEER of the amount so withheld. OWNER shall promptly will deliver to OWNER and CONTRACTOR a written pay CONTRACTOR the amount so withheld, or any recommendation as to division of responsibilities pending ' adjustment thereto agreed to by OWNER and final payment between OWNER and CONTRACTOR with CONTRACTOR, when CONTRACTOR corrects to respect to security, operation, safety, and protection of the OWNER' s satisfaction the reasons for such action. Work, maintenance, heat, utilities, insurance, and warranties ' and guarantees. Unless OWNER and CONTRACTOR 3 . If it is subsequently determined that agree otherwise in writing and so inform ENGINEER in OWNER's refusal of payment was not justified, the writing prior to ENGINEER' s issuing the definitive amount wrongfully withheld shall be treated as an certificate of Substantial Completion, ENGINEER' s ' amount due as determined by paragraph 14 . 02 . C. 1 . aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14 . 03 CONTRACTOR 'S Warranty of Title ' B . OWNER shall have the right to exclude A. CONTRACTOR warrants and guarantees that title CONTRACTOR from the Site after the date of Substantial to all Work, materials, and equipment covered by any Completion, but OWNER shall allow CONTRACTOR Application for Payment, whether incorporated in the reasonable access to complete or correct items on the ' Project or not, will pass to OWNER no later than the time tentative list. of payment free and clear of all Liens . 14 . 05 Partial Utilization ' 14 . 04 Substantial Completion A. Use by OWNER at OWNER' s option of any A. When CONTRACTOR considers the entire Work substantially completed part of the Work which has ready for its intended use CONTRACTOR shall notify specifically been identified in the Contract Documents, or ' OWNER and ENGINEER in writing that the entire Work is which OWNER, ENGINEER, and CONTRACTOR agree substantially complete (except for items specifically listed constitutes a separately functioning and usable part of the by CONTRACTOR as incomplete) and request that Work that can be used by OWNER for its intended purpose ' ENGINEER issue a certificate of Substantial Completion. without significant interference with CONTRACTOR's ' 00700 - 41 ' performance of the remainder of the Work, may be 14 . 07 Final Payment accomplished prior to Substantial Completion of all the Work subject to the following conditions. A. Application for Payment ' 1 . OWNER at any time may request CON- 1 . After CONTRACTOR has, in the TRACTOR in writing to permit OWNER to use any opinion of ENGINEER, satisfactorily completed all ' such part of the Work which OWNER believes to be corrections identified during the final inspection and ready for its intended use and substantially complete . has delivered, in accordance with the Contract If CONTRACTOR agrees that such part of the Documents, all maintenance and operating ' Work is substantially complete, CONTRACTOR instructions, schedules, guarantees, Bonds, will certify to OWNER and ENGINEER that such certificates or other evidence of insurance part of the Work is substantially complete and certificates of inspection, marked-up record docu- request ENGINEER to issue a certificate of ments (as provided in paragraph 6 . 12), and other ' Substantial Completion for that part of the Work. documents, CONTRACTOR may make application CONTRACTOR at any time may notify OWNER for final payment following the procedure for and ENGINEER in writing that CONTRACTOR progress payments . considers any such part of the Work ready for its ' intended use and substantially complete and request 2 . The final Application for Payment shall ENGINEER to issue a certificate of Substantial be accompanied (except as previously delivered) by: Completion for that part of the Work. Within a (i) all documentation called for in the Contract reasonable time after either such request, OWNER, Documents, including but not limited to the CONTRACTOR, and ENGINEER shall make an evidence of insurance required by subparagraph inspection of that part of the Work to determine its 5 . 04 .B . 7 ; (ii) consent of the surety, if any, to final ' status of completion. If ENGINEER does not payment; and (iii) complete and legally effective consider that part of the Work to be substantially releases or waivers (satisfactory to OWNER) of all complete, ENGINEER will notify OWNER and Lien rights arising out of or Liens filed in connection CONTRACTOR in writing giving the reasons there- with the Work. ' for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- 3 . In lieu of the releases or waivers of Liens graph 14 .04 will apply with respect to certification specified in paragraph 14.07 .A.2 and as approved by ' of Substantial Completion of that part of the Work OWNER, CONTRACTOR may furnish receipts or and the division of responsibility in respect thereof releases in full and an affidavit of CONTRACTOR and access thereto. that: (i) the releases and receipts include all labor, ' services, material, and equipment for which a Lien 2 . No occupancy or separate operation of could be filed; and (ii) all payrolls, material and part of the Work may occur prior to compliance with equipment bills, and other indebtedness connected the requirements of paragraph 5 . 10 regarding with the Work for which OWNER or OWNER's ' property insurance. property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or 14 . 06 Final Inspection Supplier fails to furnish such a release or receipt in ' full, CONTRACTOR may furnish a Bond or other A. Upon written notice from CONTRACTOR that collateral satisfactory to OWNER to indemnify the entire Work or an agreed portion thereof is complete, OWNER against any Lien. ENGINEER will promptly make a final inspection with ' OWNER and CONTRACTOR and will notify CON- B . Review of Application and Acceptance TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. 1 . If, on the basis of ENGINEER' s observa- ' CONTRACTOR shall immediately take such measures as tion of the Work during construction and final are necessary to complete such Work or remedy such inspection, and ENGINEER' s review of the final deficiencies . Application for Payment and accompanying docu- mentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR' s other obligations under the Contract Documents have been fulfilled, ' ENGINEER will, within ten days after receipt of the 00700 - 42 final Application for Payment, indicate in writing f^1„1 unsettled T1G„n , fiem def «:• e We -v appear- ENGINEER's recommendation of payment and ing after- final inspeetien pur-suant t, par-agfap present the Application for Payment to OWNER for 14 . 06a„m filum t, „.„ly . ate, the GeFA .^ ,.t payment. At the same time ENGINEER will also noc• •-• •e„«s ,... «we .e...„^ „c any s„e,. : ^ i ,., , ^.^ „toes give written notice to OWNER and CON- speeiEed therein, or- from GQP6 D "� !-s TRACTOR that the Work is acceptable subject to eentinuing obligations undeF the Centraet Doeu ' the provisions of paragraph 14 .09 . Otherwise, meats-;and ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons 2 . of all Gia :-„^ by GONTD " r for refusing to recommend final payment, in which TOR against OAZnh DD ether- than these „ s!5 case CONTRACTOR shall make the necessary made in "ting •. ,w:^h afe still • •„ ^ ^««' ea corrections and resubmit the Application for Payment. ' ARTICLE 15 - SUSPENSION OF WORK AND Paragraph 14 .07.C.1 has been deleted and replaced with TERMINATION a new paragraph. See the Supplementary Conditions. ' C. Payment Becomes Due 15 . 01 OWNER May Suspend Work II �s—a€ter- the—preseetatie - te OV4 ER of the ApplieatienfeFPa54nePtt an The last sentence of Paragraph 15.01 .A has been deleted ' assempanfing—decatier4the ant and replaced with new sentences. See the „dee by irTTGPT FE ,. an beeeme due and, Supplementary Conditions. when &e, will be paid by 03ALNER to CON A. At any time and without cause, OWNER may TR "�� 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. C01RAGTQ completion of the Work is significantly delayed, and if shall be allowed an adju . t.„o„« in the r'ea#aet D^^e OF a ENGINEER so confirms, OWNER shall, upon receipt of ei4emien of the Cemnet 'fines, or- beth, direed ' CONTRACTOR' s final Application for Payment and ” ibtable to any stie , ^, ^ „ if GQT T9 GTO 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 termination 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 Application for such payment. Such payment shall be made supply sufficient skilled workers or suitable materi- under the terms and conditions governing final payment, als or equipment or failure to adhere to the progress except that it shall not constitute a waiver of Claims . schedule established under paragraph 2 .07 as ' adjusted from time to time pursuant to paragraph 14 . 09 Waiver of Claims 6 .04) ; ' Paragraph 14.09 has been deleted and replaced in its 2 . CONTRACTOR' s disregard of Laws or entirety with a new paragraph. See the Supplementary Regulations of any public body having jurisdiction; Conditions. A. The maldng-and aeoepcanee of final ment NN41 3 . CONTRACTOR' s disregard of the ' eenstitute ! authority of ENGINEER; or of all ria :, , ,^ by OWNER ' against CQNTPACT e„« Glak ,^ 00700 - 43 ' 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 temiinate 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 . €ern all ela4ns, eests, lesses,�-and darnages ' at the Site or for which OWNER has paid CONTRACTOR ( eluding h. .t not lin4tea to all Fes and eh F ��_..........b ., .. . .... c xnxnccv cv-unzoco--cam-cxxxx-6'co--vi but which are stored elsewhere, and finish the Work as engineers, ar-ehiteets, attefneys, and ethef OWNER may deem expedient. In such case, pef ssien is and alleeur-tor- arbitration or- ethe CONTRACTOR shall not be entitled to receive any further dispute o resolution eests) ._ea settlement f 1.1J1J payment until the Work is finished. the Geettaet Prise-emeeeds-all elainis, eests,losses, a and others -, and damages (ineludi g 1...E net limited to all fees and h F e« vv er-" v r-ehiteets V tte..„e ys ..n other- pr-o f ssie.... 1 .. ..-. .l = J� �= �=u=� 4 . for reasonable expenses directly 'Il ll# "� it."t:e., the.. dispute i ti ` ` attributable to termination. ... . .. .. .. of va:cx ui�pi}cczcomucroircvaxa� sustained bar--03AWER arising out e€ ern relating-fie ' eempleting—the Werlgsueh exeess will to. B . CONTRACTOR shall not be paid on account of GOINURACTOR. 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, ^r- OWN terminated by OWNER, the termination will not affect any fails for- 30 days to pay CONTRACTOR any sum finally rights or remedies of OWNER against CONTRACTOR Bete... ii e,l to he due, then CONTRACTOR may, upon ' then existing or which may thereafter accrue. Any retention seven days written notice to OWNER and ENGINEER, and or payment of moneys due CONTRACTOR by OWNER provided OWNER or ENGINEER do not remedy such will not release CONTRACTOR from liability. suspension or failure within that time, terminate the ' Contract and recover from OWNER payment on the same A new Paragraph 15.02.1) has been added. See the terms as provided in paragraph 15 . 03 . In lieu of terminating Supplementary Conditions. the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application t 15 . 03 OWNER May Terminate For Convenience for Payment within 30 days after it is submitted, ern R ....., .....vu .V. JV UUyJ .., pay C-OlhgRAGTOR any A. Upon seven days written notice to CON- "um finally deter-•.,-:..ea to be due CONTRACTOR may, ' TRACTOR and ENGINEER, OWNER may, without cause seven days after written notice to OWNER and 00700 . 44 ' 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, t 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 r-es. ehi6en fnetheds and pr-eeeEkNes, if , Paragraph 17.05.A has been deleted and replaced with a shall be as set forth in the Suppler-nentafy Conditions . if no new paragraph. See the Supplementary Conditions. methed and p e.i, . a h., he et forth, nd ubj et to the A W Gent..eet is to he geNremed by the 1 .. eF the ' state : n wh : eh the D- .le: eet is lee„te ' OWNER an e:thef may ether.. .;.. e have tmde,- the Gent-„ et Deeti e„ts „ New Paragraphs have been added. See the Supplementary dispute.by Laws ef Reoafiefis in r-espeet of any 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 the first and include the last day of such period. If the last ' day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. ' 17 . 03 Cumulative Remedies A. The duties and obligations imposed by these ' General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and ' remedies available to any or all of them which are otherwise ' 00700 - 45 SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS TABLE OF CONTENTS Article Title Article Number f . Introduction SC - 1 . 00 Defined Terms SC —1 . 01 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 00800 - Supplementary Conditions.doc 00800i F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions.doc ' Decisions on Requirements of Contract Documents and Acceptability of Work SC - 9 . 09 ' Change of Contract Price SC — 12 . 01 Delay Damages SC — 12 . 06 Test and Inspections SC — 13 . 03 Uncovering Work SC — 13 . 04 Owner May Stop the Work SC — 13 . 05 ' Progress Payments SC — 14 . 02 Final Payment SC — 14 . 07 ' Waiver of Claims SC - 14 . 09 OWNER May Suspend Work SC — 15 . 01 OWNER May Terminate For Cause SC — 15 . 02 ' OWNER May Terminate For Convenience SC — 15 . 03 CONTRACTOR May Stop Work or Terminate SC - 15 . 04 Dispute Resolution SC — 16 ' Controlling Law SC — 17 . 05 Liens SC — 17 . 06 ' Substantial Completion SC — 17 . 07 i 1 1 i 1 1 00800 - Supplementary Conditions .doc 00800 ii F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions.doc ' SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' 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 . 01 Defined Terms SC- 1 . 01 . A. 20 . Add the following language at the end of GC- 1 . 01 . A . 20: ENGINEER'S Consultant: Name Keith & Schnars . P . A . ' Address 900 East Ocean Blvd . , Suite 340- E City, State , Zip Stuart , Florida 34994 Phone ( 561 ) 287-2626 Fax (561 ) 286-7999 SC -1 . 02 Terminology ' SC- 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1 , 2, and 3 in their entirety and insert the following paragraphs in their place: ' D . Furnish, 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 , 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 ' 00800 - Supplementary Conditions 008001 F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc ' payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . tSC -2 . 06 Preconstruction Conference SC-2 . 06 Delete paragraph GC-2. 06. A in its entirety and insert the following paragraph in its place : ' A . Immediately after awarding the contract , but before the CONTRACTOR begins work , the Engineer will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the Work and to discuss schedules referred to in paragraph 2 . 05 . 13 , procedures for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend ' to discuss and coordinate work . SC -3 . 06 Coordination of Plans , Specifications , and Special Provisions ' SC-3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 05: SC-3 . 06 Coordination of Plans, Specifications, and Special Provisions ' A . In case of discrepancy , the governing order of the documents shall be as follows : 1 . Written Interpretations 2 . Addenda ' 3 . Specifications 4 , Supplementary Conditions to the General Conditions 5 , General Conditions ' 6 . Approved Shop Drawings 7 , Drawings 8 , Referenced Standards . ' B . Written/computed dimensions shall govern over scaled dimensions . 1 SC -4. 02 Subsurface and Physical Conditions ' SC-4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: In the preparation of Drawings and Specifications , ENGINEER or ENGINEER's ' Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : ' Report dated May 9 , 1994 , prepared by Frasier Engineering & Testing . ' SC4. 03 Differing Subsurface or Physical Conditions SC-4 . 03 . C . 3 Delete the following text from the second sentence of paragraph GC-4. 03. C. 3: ' SC -4. 06 Hazardous Environmental Conditions at Site SC-4 . 06 . G Delete paragraph GC-4. 06. G in its entirety. ' 00800 - Supplementary Conditions 008002 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\00800 - Supplementary Conditions.doc ' SC-4 . 06 . 1­1 Delete paragraph GC-4. 06. H in its entirety. SC -5 . 01 Performance , Payment and Other Bonds ' SC- 5 . 01 . A. Delete paragraph GC-5. 01 . A in its entirety and insert the following paragraph in its 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 . 6 . 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 ' 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 . ' 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 : ' 00800 - Supplementary Conditions 008003 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc 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. ' 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 9s 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 . ' 00800 - Supplementary Conditions 008004 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc 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 . Florida East Coast Railway Company ' 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 ' 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 . 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 ' 00800 - Supplementary Conditions 008005 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc ' 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 CONTRACTOR 's property insurance policies : a . Florida East Coast Railway Company SC -5. 07 Waiver of Rights ' SC-5 . 07 Delete GC-5. 07 (paragraphs A, B, and C) in its entirety. SC -5. 08 Receipt and Application of Insurance Proceeds ' SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. ' SC -6 . 02 Labors Working Hours SC-6 . 02 . 6 . Add the following paragraphs immediately after paragraph GC- 6. 02. B: ' 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 . Cost of Inspection during overtime work is $40 . 00 per hour. 5 . All costs of OWNER Is 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 " tSC-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 ' 008006 00800 - Supplementary Conditions FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions.doc other will be considered . If the specification or description contains or is followed by words such as "equivalent" or "or-equal , " 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. 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 p es of these permits are contained in Appendix "A" ) : ' 1 . FDOT Drainage Connection Permit No . 03D490 0035 2 , FDOT Driveway Connection Permit No . 03A490-0066 3 , SJRWMD Permit No . 40-061 -51779- 1 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 . E . The CONTRACTOR shall be responsible for obtaining the EPA National Pollutant Discharge Elimination System ( NPDES ) Permit ' SC -6 . 17 Shop Drawings and Samples SC-6 . 17 Add the following paragraph immediately after paragraph GC- 6. 17. F.- G . C- 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 . ' 008007 00800 - Supplementary Conditions FAPublic Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc ' SC -6 .20 Indemnification SC-6 . 20 Delete paragraph GC- 6. 20.A in its entirety and insert the following in its place: ' A . 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. SC-6 . 20 . D . Add the following paragraphs immediately after GC-6. 20. C: ' D . Indemnity of Florida East Coast Railway, L . L . C . & Insurance Requirements : The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify, defend and save harmless the Florida East Coast Railway, L . L . C . from and against all judgments , and all loss , claims , damages , costs , charges , and expenses (" Cost" ) which it may suffer, sustain , or in anywise be subjected to on ' account of or occasioned by the operations of the Contractor, or any of the subcontractors , or both whether directly or indirectly under, or pursuant to , this construction contract, including any such Costs arising from the death , bodily injury or personal injury of, as follows : ' 1 . Of any person , including without limitation upon the generality of the foregoing P 9 Y 9 9 description , employees and officers of Florida East Coast Railway, L . L . C . , ' employees and officers of materialmen , employees and officers of the Contractor, employees and office4rs of all subcontractors , and from loss damage , injury and loss of use of any real or personal property (a ) in which Florida East Coast Railway Company has any ownership interest , and ( b ) personal property in the custody of Florida East Coast Railway Company under any transportation contracts ; including without limitation upon the generality of the two foregoing enumerations , all railroad equipment commonly described as rolling stock and the contents of the same . 2 . In furtherance of its obligation to indemnify, defend and save harmless , Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $ 5 , 000 , 000 . 00 each occurrence for bodily injury or ' death and $ 3 , 000 , 000 . 00 property damage each occurrence with a $ 5 , 000 , 000 . 00 aggregate covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement , with all railroad exclusives removed . Alternatively , Contractor may procure and keep in effect during the life of this construction contract, as aforesaid , Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages with the limits specified in this paragraph . ' 3 . In addition to the above , Contractor shall , t its cost and expenses , maintain a Workman 's compensation Insurance Policy as required in the State of Florida . ' 4 . All such insurance , directly or indirectly for the benefit of the Railway , shall be in a form satisfactory to Railway's Manager of Insurance and issued by a casualty ' company/insurance company authorized to do business in the State of Florida that has a " Best's " rating of A or A+ and a financial category size of Class XII or higher. ' 00800 - Supplementary Conditions.doc 00800 8 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc 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 . 13 . 2 Delete the following text from paragraph GC- 12. 01 . 8. 2 and add a 'period"() at the end of the remaining text. : ' 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 . 6 . Delete paragraph GC- 13. 03. 8 in its entirety, and insert the following in its place: 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. SC- 13 . 03 . 0 Delete GC- 13. 03. 0 in its entirety. ' 008009 00800 - Supplementary Conditions .doc F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions.doc r ' SC -13 . 04 Uncovering Work SC- 13 . 04 . B Delete portions of the last two sentences as follows: ' If, however, such Work is not found to be defective , CONTRACTOR shall be allowed inSrease R the GeRtFaGt Drino e an extension of the Contract Times (or Milestones ) ,-4E* ' beth-, directly attributable to such uncovering , exposure , observation , inspection , testing , replacement, and reconstruction . If the parties are unable to agree as to the mem er 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 . rSC -14 . 02 Progress Payments SC- 14 . 02 . B . 5 . Add the following paragraphs at the end of paragraph GC- 14. 02. 8. 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 . DA . b Revise GC- 14. 02. D. 1 . b to read as follows: ib . Liens have been filed in connection with the Work . ' 00800 - Supplementary Conditions .doc 0080010 F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc ' SC- 14 . 02 . D . 1 Add the following paragraphs at the end of paragraph GC- 14. 02. D. 1 . d. 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 h . 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 iSC- 15 . 02 . A. 5 and SC- 15 . 02 . A . 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4: ' 5 . CONTRACTOR's violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 0080011 00800 - Supplementary Conditions .doc FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc i ' 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 : 9F OWNER f.affils fel: 30 days te pay GONTRACTOR aRY SUM fiRally deteFmiRed te be due-, ' SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04. A : eF OWNER has failed fer 30 days te pay GONTRAGTOR any surn finally deteffniRed te be dee- SC - 16 Dispute Resolution ' SC- 16 . 01 .A. Delete paragraph GC- 16. 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 Documents 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 SC- 17 . 05 . A. Delete paragraph GC- 17. 05. A in its entirety and insert the following paragraph in its place: ' 00800 - Supplementary Conditions .doc 0080012 F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions.doc ' 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; SCA 7 . 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 . ' + + END OF SUPPLEMENTARY CONDITIONS + + ' 0080013 00800 - Supplementary Conditions .doc F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\00800 - Supplementary Conditions .doc ' DIVISION 1 GENERAL REQUIREMENTS ' TITLE SECTION NO . ' SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 ' FIELD ENGINEERING AND LAYOUT 01050 ' REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 ' PROGRESS MEETINGS 01 220 ' CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS , PRODUCT tDATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY ' CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ' ACCESS ROADS , PARKINGS AREAS AND USE OF ' PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 ' AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 ' SUBSTITUTIONS 01630 ' SITE CLEANUP AND RESTORATION 01710 RECORD DOCUMENTS AND ELECTRONIC AS - BUILTS 01720 ' POST FINAL INSPECTION 01820 ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\DIVISION 1 GENERAL REQUIREMENTS.doc ' 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 , SC-6 . 02 . 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 : 4550 41 st Street , 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 by the CONTRACTOR , at the CONTRACTOR's expense . ' D . In addition to these Specifications all work must comply with the requirements of the local governing agency, St . Johns River Water Management District , Department of ' Environmental Protection , Corps of Engineers , Indian River Farms Water Control District , and all other applicable State or Federal agencies ' specifications and permits . In the event of a conflict , the more stringent specification or requirement shall govern . ' E . 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 owner ten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the ' work site . Adjacent property owners at time of bidding are listed below . ' 01009- 1 01009-Special Provisions F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01009 - Special Provisions .doc ' 4" STREET CONTACT LIST PER PROPERTY APPRAISER' S INFORMATION ' AS OF SEPTEMBER 29 , 2003 NO OWNER / BUSINESS MAILING ADDRESS PHONE # CONTACT PERSON 1 Dan Bryant Paradise Entpr. Of VB Inc . 953 Old Dixie Hwy. #B -2 772-567 -5320 Vero Beach, FL 32962 2 Ferguson Peters , Jr. Homeless Asst . Center, Inc . 720 4t" Street 772 -567 -2766 Vero Beach, FL 32962 3 Agnes R. King (TR) N/A P . O . Box 246, VB , FL 32961 - 772 -562 -8829 0246 4 Julian & Betty J . Washburn N/A 665 4 Place, VB , FL 32962- 772-567 - 8494 1618 5 Larry W. Anderson VB Storage Center, LTD 1375 W. Hillsboro Blvd . 954-421 -7888 Deerfield Bch. , FL 33442 - 1719 6 Joseph MacDonald Davina Mob . Home, Inc . 2120 58 Ave # 109 772 -562 - 1819 Vero Beach, FL 32960 7 Thomas & Doris C . Arena N/A 615 4 Street, VB , FL 32962 - 772-567 -3577 2922 8 Andrew W . Fiske Tropical Brick Pavers , Inc . 665 4th Street 772-567-0708 Vero Beach, FL 32962 9 Robert C . McNally Palm Coast Shutters & Railings 675 4 Street 772 -299- 1955 Vero Beach, FL 32962 10 Richard D . King 4 Street Mini-Storage 705 Azalea Lane 772 -778 - 1210 Vero Beach, FL 32963 11 Amparo Haratyk Success Gas Company, Inc . 755 4 Street No Listing Vero Beach, FL 32962 12 Michael J. Jaholkowski N/A 596 Old Dixie Highway 772 -562 -2631 VB , FL 32962 - 1629 13 Michael D . Clarke N/A 805 4 Street No Listing VB , FL 32962 -2926 14 Eric F . Steele (LE) N/A 815 4 Street 772-562 -2544 Vero Beach, FL 32962 15 Donald N. Mann, Jr. N/A 825 4 Street 772-563 -0391 Vero Beach, FL 32962 16 Lisa Ann Campbell N/A 851 4th Street 772-569- 1557 Vero Beach, FL 32962 17 Richard A. & Norma Lee N/A P . O . Box 1666 772-770 -0694 Pomeroy Brighton, MI 48116 1 + + END OF SECTION + + ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\CONTACT LIST9-29-03 . doc ' SECTION 01024 ' FORCE ACCOUNT ' 1 . 1 General CONTRACTOR shall furnish all labor, materials , equipment and incidentals ' necessary to perform additional work not covered on the Contract Drawings . The force Account is intended as a contingency for unforeseen work . ' 1_1 PAYMENT A . Lump sum amount for force account work is included in the bid schedule . ' The value of force account work will be determined in accordance with Article 12 of the General Conditions . + + END OF SECTION + + 1 ' FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01024 Force Account.doc ' SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL A . The CONTRACTOR will furnish all construction staking for the project . All ' staking from control will be under the supervision of a Florida Registered Land Surveyor. B . Develop and make all detail surveys and measurements needed for ' construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . C . Keep a transit and leveling instrument on the site at all times and a skilled ' instrument man available whenever necessary for layout of the Work . D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . ' E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . ' F . Safeguard all points , stakes , grademarks , monuments and benchmarks made or established on the Work , and reestablish same , if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or ' removing without authorization such established points , stakes , marks and monuments . G . When requested by the ENGINEER , provide such facilities and assistance as ' may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR . Do no excavation or embankment work until all cross-sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER . H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is ' incidental . No separate payment will be made for surveying or engineering . 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR ' A . Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract ' Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR Is acceptance ' that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . ' 1050- 1 01050 Field Engineering F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01050 - Field Engineering .doc B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work , the ' CONTRACTOR shall have no claim for damages or extension of time . Control stakes , benchmarks , reference points and property corners disturbed by the ' CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR Is expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to ' perform this replacement work , the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract . C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. ' D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. ' 1_3 STATION BOARDS A . CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet . 1 . 4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5J of FDOT Standard ' Specifications . + + END OF SECTION + + ' 1050-2 01050 Field Engineering F:\PublicWorks\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01050 - Field Engineering .doc SECTION 01091 REFERENCE STANDARDS 1 . 1 GENERAL ' A . Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization ' or body , it shall be construed to mean the latest standard , code , specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical ' Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or ' when applicable laws , ordinances , rules , regulations or codes establish stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full . B . Reference to a technical society , organization , or body may be made in the Specifications by abbreviations , in accordance with the following list : AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute ' AGA American Gas Association AISC American Institute of Steel Construction ' AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ' ASTM American Society for Testing and Materials ' AWPA American Wood Preservers Association AWWA American Water Works Association AWS American WeldingSociety Y ' FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards ' F : \ Public Works \ Capital Projects \ Fourth Street - Old Dixie - USI \ CONTRACT DOCUMENTS \ 01091 - Reference Standards . doc ' CRSI Concrete Reinforcing Steel Institute FDEP/ DEP Florida Department of Environmental Protection ' DNR Department of Natural Resources ' NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code ' NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute ' FDOT/ DOT Florida Department of Transportation U . L . , Inc . Underwriter' s Laboratories , Inc . SSPC Steel Structures Painting Council SJRWMD St . Johns River Water Management District C . When no reference is made to a code , standard or specification , the standard specifications of ASTM , FDOT , or ANSI shall govern . ' D . In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent ' requirement prevails . + + END OF SECTION + + 1 01091 - 2 01091 Reference Standards ' F : \ Public Works \ Capital Projects \ Fourth Street - Old Dixie - US1 \ CONTRACT DOCUMENTS \ 01091 - Reference Standards . doc SECTION 01215 ' GENERAL QUALITY CONTROL ' 1 . 1 DESCRIPTION OF REQUIREMENTS A . Definitions : Specific quality control requirements for the work are indicated ' throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term " Quality Control " includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A . Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests . B . CONTRACTORS General Responsibility : No failure of test agencies , whether ' engaged by the OWNER or CONTRACTOR , to perform adequate inspections of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR , OWNER , ENGINEER , and governing authorities In the nominal determination of probable compliance with requirements for certain crucial elements of work . The program is not intended to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . ' 1 . 3 QUALITY ASSURANCE ' A . General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre-qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of ' work , and being capable of workmanship complying with those standards . 1A PRODUCT DELIVERY-STORAGE- HANDLING Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses (and resulting ' delays ) , thereby ensuring highest quality results as the performance of the work progresses . Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation . 01215- 1 01215 General Quality Control ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01215 General Quality.doc 1 . 5 PROJECT PHOTOGRAPHS/VIDEOS ' A . The CONTRACTOR shall make provisions , at his expense , for video tapes of all work areas just prior to construction , and for unusual conditions during construction . The videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . ' B . Pre- Construction Video : ' 1 . Contractor shall provide the Owner with a video record and one copy of the existing conditions prior to construction . This video shall be a standard VHS cassette format , and shall be narrated . 2 . The video shall include , but not be limited to , the following items shown in a clear manner: 1 ) All existing features within the right-of-way. 2 ) All existing features within the temporary construction easement . 3 ) All existing features within permanent easements . 4 ) All existing features adjacent to any construction . 3 . Detail of the video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . ' 2 ) Condition of fencing . 3 ) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7 ) Conditions of lighting and associated wiring . 8 ) Significant detail of any pre-existing damages physical features shall be shown . The coverage of the video should include the limits of effects of the use of vibratory rollers . 9 ) This video record shall be presented to the Owner within 30 days of the Notice to Proceed . A copy shall be kept in the Contractor' s field office . 10 ) Payment — No additional payment will be made for this work . ' + + END OF SECTION + + 01215-2 01215 General Quality Control ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\01215 General Quality.doc SECTION 01220 ' PROGRESS MEETINGS ' 1 . 1 SCOPE ' A . Date and Time : 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 , Other Meetings : On call . ' B . Place : CONTRACTOR' S office at Project site or other mutually agreed upon location . ' C . ENGINEER shall prepare agenda , preside at meetings , and prepare and distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . 1 . 2 MINIMUM ATTENDANCE fA . CONTRACTOR B . SUBCONTRACTOR : When needed for the discussion of a particular agenda item , CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting . C . ENGINEER . D . OWNER' S representative , if required . E . Utility Representatives F . Others as appropriate . ' G . Representatives present for each party shall be authorized to act on their behalf. 1 . 3 AGENDA ' Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . ' 5 . Change Orders , 6 . Status of Shop Drawings . 7 . Quality standards and control . ' 8 . Schedules , including off-site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . ' 10 . Safety concerns . 11 . Other business . ' + + END OF SECTION + + ' 01220- 1 01220 Progress Meetings ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01220 Progress Meetings .doc i ' SECTION 01310 CONSTRUCTION SCHEDULES ' 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an ' approved construction progress schedule on hand . Be Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES ' When the ENGINEER requires eq res t he CONTRACTOR to submit revised ( updated ) ' progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . ' Be Show changes occurring since the previous submission listing : 1 . Major changes in scope . ' 2 . Activities modified since the previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . ' 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . ' 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement , submit the ' initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt . If required by the ENGINEER , resubmit revised schedules on or before the ' seventh day after receipt of the review copy . If required by the ENGINEER , submit revised monthly progress schedules with that month ' s application for payment . 01310- 1 01310 Construction Schedule ' F :\PublicWorks\Capftal Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01310 Construction Schedule .doc ' 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER , distribute copies of the ' approved initial schedule and all reviewed revisions ( updated ) to : 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies ) . 5 . ENGINEER ' B . In the cover letter, instruct promptly recipients to report to the P P CONTRACTOR , in writing , any problems anticipated by the projections ' shown in the schedules . + + END OF SECTION + + 1 t 01310-2 01310 Construction Schedule ' F :\PublicWorks\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01310 Construction Schedule .doc ' SECTION 01340 SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA, AND SAMPLES 1 . 1 SCOPE ' A . Submit shop drawings , product data and as samples required b or p q Y inferred by the Drawings and Specifications . Submittals shall conform to ' the requirements of Section 6 . 17 of the General Conditions , Section 01330 , and as described in this Section . ' 1 . 2 SHOP DRAWINGS A . Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor, supplier, or distributor, which illustrate some portion of the work ; showing fabrication , layout , setting , or erection details . Shop drawings are further defined in Section 01330 . ' B Shop drawings shall be prepared by a qualified detailer and shall be ' identified by reference to sheet and detail numbers on the Contract Drawings . ' 1 . 3 PRODUCT DATA A . Product data are manufacturer's standard schematic drawings and ' manufacturer's catalog sheets , brochures , diagrams , schedules , performance charts , illustrations , and other standard descriptive data . Product data are further defined in Section 01330 . ' B . Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information ' applicable to the project . C . Clearly mark catalog sheets , brochures , etc . , to identify pertinent ' materials , products , or models . 1 . 4 SAMPLES Samples are physical examples to illustrate materials , equipment, or workmanship and to establish standards by which work is to be evaluated . ' Samples are further defined in Section 01330 . Last revised 7117101 01340- 1 PROJECT ' F :\PublicWorks\capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01340 Submittal of Shop Drawings .doc t ' 1 . 5 CONTRACTOR' S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES ' A . The CONTRACTOR ' s responsibilities for submittal of shop drawings , product data , and samples are set forth in paragraph 6 . 17 of the General ' Conditions and as further explained herein . B . Prior to submission , thoroughly check shop drawings , product data , and ' samples for completeness and for compliance with the Contract Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work . Also review ' each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means , methods , techniques , ' sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTOR' s responsibility. ' 1 . It is CONTRACTOR' S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to ' determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents . 2 . Incomplete or inadequate submittals will be returned for revision without review . ' C . The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals . The ' CONTRACTOR shall approve the shop drawings based on his in -the-field measurements , prior to submittal to the ENGINEER for his review . ' D . Notify the ENGINEER , in writing at the time of submission , of deviations in submittals from the requirements of the Contract Documents . The CONTRACTOR's responsibility for deviations in submittals from the ' requirements of the Contract Documents is not relieved by the ENGINEER' s review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has ' been reviewed . Last revised 7/ 17/01 01340-2 PROJECT ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01340 Submittal of Shop Drawings .doc 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER ' S REVIEW FOR SHOP ' DRAWINGS , PRODUCT DATA AND SAMPLES A . Submit to : Indian River County ' Terry B . Thompson , P . E . 1840 25th Street Vero Beach , FL 32960 ' B . A letter of transmittal shall accompany each submittal . If data for more p Y than one Section of the Specifications is submitted , a separate transmittal ' letter shall accompany the data submitted for each Section . C . At the beginning of each letter of transmittal , provide a reference heading ' indicating the following : 1 . OWNER' S Name ' 2 . Project Name 3 , Contract Number 4 . Transmittal Number ' 5 . Section Number D . All submittals shall have a title block with complete identifying information ' satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : ' [The remainder of this page has been left blank intentionally] Last revised 7/17/01 01340-3 PROJECT ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01340 Submittal of Shop Drawings .doc ' CONTRACTOR SUBMITTALS 4T" STREET WIDENING FROM US 1 TO OLD DIXIE ' SUBMITTAL NO . Contractor: Date Sent to County ' No . Copies Sent to County [:1 Original Submittal ❑ Re- Submittal ' ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description : ' Sub- Contractor: Remarks : ' Reviewing Agency : (As checked below) Date Received Date Returned No , Copies Ret' d F] I R C Capital Project Div . ❑ I R C Utilities Services ' ❑ Keith & Schnars , P .A . ' Remarks : ' IRC Capital Projects Division Date Rec'd from Contractor Terry B . Thompson , P . E . Date Ret'd to Contractor 184025 th Street No . Copies Ret'd ' Vero Beach , FI . 32960 Remarks : ' Distribution of Copies : ' Keith & Schnars , P .A . Office File Field Office File Last revised 7/17/01 01340-4 PROJECT ' FAPublic Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\01340 Submittal of Shop Drawings .doc E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by ' CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively . Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix " B " for ' the second resubmittal , etc . G . Initially submit to ENGINEER a minimum of six ( 6 ) copies of all submittals ' that are on 11 - inch by 17- inch or smaller sheets ( no less than 8 1 /2 -inch x 11 -inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 - inch by 174ch . ' H . After ENGINEER completes his review , Shop p Drawin gs will be marked with one of the following notations : 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 , Not Approved ' I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected " . Three (3 ) prints or copies of the submittal will be returned to ' CONTRACTOR . J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order, ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . ' K . If a Shop Drawing marked "Approved as Corrected " has extensive corrections or corrections affecting other drawings or Work , ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit . " L . If a submittal is unacceptable , three (3 ) copies will be returned to CONTRACTOR with one of the following notations : ' 1 . " Revise and Resubmit" 2 . " Not Approved " last revised 7/17/01 01340-5 PROJECT ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01340 Submittal of Shop Drawings .doc r rM . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment . ' N . Any related Work performed or equipment installed without an "Approved " or "Approved as Corrected " Shop Drawing will be the sole responsibility ' of the CONTRACTOR . O . Submit Sop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or ' equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified ' manner. P . ENGINEER will review and process all submittals promptly, but a ' reasonable time should be allowed for this , for the Shop Drawings being revised and resubmitted , and for time required to return the approved ' Shop Drawings to CONTRACTOR . Q . Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other Items requiring approval , will be back-charged ' to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER ' S costs in the reviewing ' and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR . ' R . Close Out Submittals : Refer to Section 1810 for specific general requirements on the submittal of closeout information , materials , tools , and similar items . + + END OF SECTION + + 1 1 Last revised 7/17/01 01340-6 PROJECT ' F:\PublicWorks\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01340 Submittal of Shop Drawings .doc ' SECTION 01520 ' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE ' A . Provide all construction equipment and facilities and temporary p ary controls required to satisfactorily complete the work represented on the Drawings ' and described in the Specifications . ' 1 . 2 RESPONSIBILITY ' A . All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site . ' B . All false work , scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and ' efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . C . In accepting the Contract , the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their ' improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of ' failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A . TEMPORARY WATER 1 . Provide a temporary water service as required for all construction ' purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses , etc . , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all 1 01520- 1 01520 Construction Facilities ' F :\PublicWorks\Capita1 Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01520 Construction Facilities .doc temporary water lines . p ry ' B . TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this ' Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public ' observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately ' correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work , remove the facilities from the premises . ' 1 . 4 SECURITY ' Full time watchmen will not be specifically required as a part of the Contract , but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night . 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work ' of this Contract . In dry weather, spray dusty areas daily with water in order to control dust . Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . ' 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally ' dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER . + + END OF SECTION + + 01520-2 01520 Construction Facilities F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01520 Construction Facilities .doc SECTION 01541 ' PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL ' A . CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . ' B . In order to prevent damage , injury or loss , CONTRACTOR ' S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly , safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company . 2 . Provide suitable storage facilities for all materials , which are subject to injury ' by exposure to weather, theft , breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work . ' 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly , and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment , except on ' easements provided herein . D . Assume full responsibility for the preservation of all public and private property or ' facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act , omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . ' 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way , or public ' place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work . Paint barricades so they are visible at night . From sunset ' to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient ' 01541 - 1 01541 Protection of Work ' F :\PublicWorks\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\01541 Protection of Property.doc barricades to keep vehicles from being driven on or into Work under construction . ' Furnish watchmen in sufficient numbers to protect the Work . CONTRACTOR' s responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project . ' 1 . 3 TREE AND PLANT PROTECTION A . Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or ' skinning of trunk , branches , bark or roots . B . Do not store or park materials or equipment within the drip line . ' C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . D . Fires shall not be permitted under or adjacent to trees and plants . ' E . Within the limits of the Work , water trees and plants that are to remain , in order to maintain their health during construction operations . ' F . Cover all exposed roots with burlap and keep it continuously wet . Cover all exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run -off or noxious ' materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the ' cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality . ' I . Coordinate Work in this Section with requirements of other sections herein . 1_4 PROTECTION OF IRRIGATION ' The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by ' construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2 ) days . Irrigation systems partially within the right-of-way of Kings Highway and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of ' the right-of-way . ' . 01541 -2 01541 Protection of Work F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01541 Protection of Property.doc ' 1 . 5 PROTECTION OF EXISTING STRUCTURES ' A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all ' sewer, water, gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja - cent to the limits of the Work . ' 2 . All underground structures known to ENGINEER except service connections for water, sewer, electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance ' with the best information available , but is not guaranteed to be correct or complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the ' Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER . Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are ' accurate . The locations shown are for bidding purposes only . Finding the actual location of any existing utilities is the CONTRACTOR' s responsibility and shall be done before it commences any work in the vicinity. ' Furthermore , the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities . The OWNER ' or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work . Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/restore utility service to the satisfaction of the appropriate utility . ' Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract . 5 . Where it is necessary to temporarily interrupt house or business services , ' the CONTRACTOR shall notify the owner or occupant , both before the interruption (24- hour minimum ) , and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR ' 01541 -3 01541 Protection of Work F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01541 Protection of Property.doc shall obtain permission from their owner, or shall make suitable ' arrangement for their disconnection by their owner. 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent ' damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , ' restore it to original condition at CONTRACTOR ' s expense . 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . ' 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the ' Work , which shall be paid for under the provisions of Article 11 of the General Conditions . ' B . Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any ' extension below the surface . Surface structures include , but are not limited to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs , markers , curbs , walks and all other facil - ities that are visible above the ground surface . C . Protection of Underground and Surface Structures : ' 1 . Sustain in their places and protect from direct or indirect injury , all underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully , and ' as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have ' been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work . ' CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work , to the satisfaction of the ' OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , ' guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR' S expense . 01541 -4 01541 Protection of Work ' F :\PublicWorks\Capitai Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\01541 Protection of Property.doc 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES ' A . The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other ' cables , water pipes , sanitary pipes , or other structures which may e encountered , whether or not shown on the Drawings . ' B . Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed , however, and it shall be this CONTRACTOR Is responsibility to determine the location , character and depth of any existing utilities . He shall assist the utility companies , by every means possible to ' determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . ' 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS , COVERS AND BOXES A . All existing utility castings , including valve boxes , junction boxes , manholes , pull ' boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . tB . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to ' the various utility companies . + + END OF SECTION + + 01541 -5 01541 Protection of Work ' F:\PublicWorks\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\01541 Protection of Property.doc SECTION 01550 ' ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS ' 1 . 1 GENERAL ' A . Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather ' conditions . B . Prevent interference with traffic and the OWNER's operations on existing roads . ' Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads . ' C . Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . D . Remove temporary roads , walks and parking areas prior to final acceptance and ' return the ground to its original condition , unless otherwise required by the Contract Documents . ' 1 . 2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of ' inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. ' 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS ' A . Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project . Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets ' cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations , prior to final payment . ' B . All trucks carrying earth shall be covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two (2 ) written warnings , after which the ' 01550- 1 01550 Access Roads F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01550 Access Roads.doc ' CONTRACTOR shall pay a fine of $ 50 per uncovered truck to the Owner when invoked by the Owner to Owner' s Engineer. All cleanup shall be the ' responsibility of the CONTRACTOR . C . All trucks/moving equipment shall have backup warning horns in proper working order while on the job site . ' + + END OF SECTION + + ' 01550-2 01550 Access Roads F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01550 Access Roads .doc ' SECTION 01610 ' TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT ' 1 . 1 GENERAL A . Make all arrangements for transportation , delivery and handling of equipment ' and materials required for prosecution and completion of the Work . B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered ' to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project , street number and city . Shipments shall not be delivered to OWNER except where otherwise directed . ' C . If necessaryto move stored materials als and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment ' without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ' ample time to facilitate inspection prior to installation . B . Coordinate deliveries to avoid conflict with Work and conditions at site and to ' accommodate the following : 1 . Work of other contractors , or OWNER . 2 . Limitations of storage space . ' 3 . Availability of equipment and personnel for handling products . 4 . OWNER'S use of premises . ' C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER . ' D . Do not have products delivered to site until required storage facilities have been provided . E . Have products delivered to site in manufacturer's original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work . F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate ' assembly . 01610- 1 ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01610Trans&HandlingMaterials&Equipment.doc 1 G . Immediately on delivery , inspect shipment to assure : ' 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct . ' 3 . Containers and packages are intact , labels are legible . 4 . Products are properly protected and undamaged . ' 1 . 3 PRODUCT HANDLING A . Provide equipment and personnel necessary to handle products , including ' those provided by OWNER , by methods to prevent soiling or damage to products or packaging . ' B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . ' C . Handle products by methods to prevent bending or overstressing . D . Lift heavy components only at designated lifting points . E . Materials and equipment q pment shall at all times be handled In a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment . ' + + END OF SECTION + + 1 01610-2 ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01610Trans&Hand ling Materials&Equipment.doc SECTION 01611 ' STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL ' A . Store and protect materials and equipment in accordance with manufacturer' s recommendations and requirements of Specifications . B . Make all arrangements and provisions necessaryfor the storage of materials and equipment . Place all excavated materials , construction equipment , and ' materials and equipment to be incorporated into the Work , so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity ' of the Work . Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER . ' D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . ' F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment . ' G . Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified . ' H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\01611 Storage of Material s.doc SECTION 01630 SUBSTITUTIONS ' 1 . 1 GENERAL ' A . Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , "Substitutes and Or- Equals , " of the General Conditions , and shall ' contain complete data substantiating compliance of the proposed substitution with the Contract Documents . ' 1 . 2 CONTRACTOR' S OPTIONS A . For materials or equipment ( hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer, fabricator, supplier or distributor ( hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . ' B . For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . C . For products specified by naming one or more products or manufacturers and stating "or equivalent , " submit a request for a substitution for any product or manufacturer which is not specifically named . D . For products specified by naming only one product or manufacturer and followed ' by words indicating that no substitution is permitted , there is no option and no substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR's option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A . During a period of 15 days after date of commencement of Contract Time , ' ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods ( if specified ) . 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 7 of General Condi - tions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer' s name and address . ' 01630- 1 01630 Substitutions F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\01630 Substitutions .doc ' b . Manufacturer' s literature with product description , performance and test data , and reference standards . c . Samples , if appropriate . d . Name and address of similar projects on which product was used , and date of installation . 1 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . ' 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product , manufacturer or method specified . ' C . In makingRequest for Substitution q CONTRACTOR represents that : 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product , manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer, or method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent . D . A proposed substitution will not be accepted if: 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents , 2 . It will delay completion of the Work , or the work of other contractors . 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR . E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product , manufacturer, or method specified at no additional cost to OWNER . ' F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . ' G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR . 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . ' 01630-2 01630 Substitutions R\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01630 Substitutions .doc ' 3 . If the substitution will not require a more extensive review , will Engineer g ill proceed with the review without additional cost to CONTRACTOR . ' 4 . If the substitution requires a more extensive review , Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost . ' 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR ' s expense additional data about the proposed substitute . ' H . Any redesign of structural members shall be performed by , and the plans signed and sealed by , a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR 2s expense . Any redesign will require an ' extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner' s Engineer proceeding with the design review . The ENGINEER ' s hourly rate for review is $ 125 per hour. The ENGINEER ' s estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request . ' I . Engineer will be allowed a reasonable easonable time within which to evaluate each proposed substitution . Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution . The CONTRACTOR shall not order, install , or utilize any substitution without either an executed ' Change Order or Engineer' s notation on the reviewed shop drawing . Owner may require CONTRACTOR to furnish at CONTRACTOR ' s expense a special manufacturer' s performance guarantee (s ) or other surety with respect to any substitute and an indemnification by the CONTRACTOR . ENGINEER will record time required by Engineer and Engineer' s consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is sued , CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer' s consultants for evaluating each proposed substitute . J . Substitute materials or equipment may be proposed for acceptance in accordance with this Section . In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment , than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the ' CONTRACTOR to base his bid on the named materials or equipment . + + END OF SECTION + + 01630-3 01630 Substitutions F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01630 Substitutions .doc SECTION 01710 SITE CLEANUP AND RESTORATION ' 1 . 1 SCOPE ' Furnish all labor, equipment , appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 . 2 REQUIREMENTS A . During the progress of the project , keep the work and the adjacent areas ' affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch - basins as a result of the CONTRACTOR ' s operations , such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work , and the ditches , channels , drains , etc . , shall be kept clean and open at all times . ' D . Before the completion of the project , unless otherwise especially directed or permitted in writing : 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery , or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work , equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway, roadside , and landscaping ' work within any right-of-way , platted or prescriptive . Acceptable materials , equipment , and methods shall be used for such restoration . ' F . Thoroughly clean all materials and equipment installed and on completion of the work , deliver the facilities undamaged and in fresh and new- appearing condition . 01710 - 1 01710 Site Cleanup F : \ Public Works \ Capital Projects \ Fourth Street - Old Dixie - USI \ CONTRACT DOCUMENTS \ 01710 Site Cleanup . doc G . It is the intent of the Specifications to place the responsibility on the ' CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only ' those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR ' s expense , spray water or other dust control agents over the areas , which are producing the dust . Schedule ' construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . ' 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER , ENGINEER , INDIAN RIVER FARMS ' WATER CONTROL DISTRICT , and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional ' expense . + + END OF SECTION + + 01710 - 2 01710 Site Cleanup F : \ Public Works \ Capital Projects \ Fourth Street - Old Dixie - US1 \ CONTRACT DOCUMENTS \ 01710 Site Cleanup . doc ' SECTION 01720 ' RECORD DOCUMENTS ' 1 . 1 GENERAL A . Maintain and provide the ENGINEER with record documents as specified ' below , except where otherwise specified or modified in Divisions 2 - 16 or the Supplementary Conditions . ' Be Maintenance of Documents : 1 . Maintain in CONTRACTOR 's field office in clean , dry , legible condition complete sets of the following : Drawings , Specifications , Addenda , ' approved Shop Drawings , samples , photographs , Change Orders , other modifications of Contract Documents , test records , survey data , Field Orders , and all other documents pertinent to CONTRACTOR ' S Work . ' 2 . Provide files and racks for proper storage and easy access . 3 . Make documents available at all times for inspection by ENGINEER and ' OWNER . 4 . Do not use record documents for any other purpose and do not remove them from the field office . ' C . Recording : 1 . Label each document " PROJECT RECORD " in 2 - inch high printed letters . ' 2 . Keep record documents current . 3 . Do not permanently conceal any Work until required information has been recorded . ' 1 . 2 RECORD DRAWINGS ' During the entire construction operation , the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare therefrom " record " drawings showing correctly and accurately all ' changes and deviations from the work , made during construction to reflect the work as it was actually constructed . The following items are required to be shown on County project record drawings : 1 . Right-of-way Swale/Drainage — All culvert inverts ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows along top of bank . Size of swale . ' 2 . Pipe Culvert/PVC Sleeves — All inverts , stations and offsets . 3 . Outfalls — All pipe inverts , weir box elevations , weir elevation , and sizes . 01720- 1 01720 Record Documents ' F:\PublicWorks\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01720- Record Documents rev O'Brien .doc ' 4 . Roadway/Off Site Drainage — All inverts ; manhole top elevation ; grate top elevations . ' 5 . Retention Ponds — Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . ' 6 . Roadway: a . Elevations of PVI at Profile Grade Line ( PGL ) . b . Edge of pavement elevations at curb inlets . ' c. Survey Control : Install/ re-establish new roadway alignment control points ( Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion . Include all ' intersections and side streets . Latitude , departure and elevations for all control points . d . Either if shown on plans or not : Any Public Land Corner or ' Governmental Survey Control point( s ) destroyed and/or disturbed during the scope of the project shall be properly re- established as per ' standards as set forth within Florida Statutes , Administrative code and Minimum Technical Standards for that type of survey . All said surveying mentioned above shall be performed under the direct supervision of a ' registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s ) shall be notified in writing of disturbance and re-establishments . ' e . Stations and offsets , all structures . ' 1 . 3 AS - BUILTS A . CONTRACTOR shall submit marked up Record Drawings to COUNTY . ' COUNTY will input As- Built information on Electronic Drawing files . B . COUNTY shall deliver to CONTRACTOR seven ( 7 ) sets of As- Builts ' plotted from electronic files with the marked up Record Drawings . C . CONTRACTOR ' s surveyor shall review , sign and seal As - Builts or Record ' drawing ( s ) . Said drawing (s ) shall clearly state , type of survey , positional tolerances , adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida , any standards set forth by ' Florida Statutes , Administrative code and Minimum Technical Standards for As- Built/Record surveys CONTRACTOR shall return marked up Record Drawings and six (6 ) sets of signed and sealed As- Builts to ' COUNTY . 01720-2 01720 Record Documents ' F:\PublicWorks\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01720- Record Documents rev O'Brien .doc 1 D . All Record Drawings are subject to review and approval by County Surveyor. ' E . Payment for Record Drawings , Review of Electronic As - Builts and signing and sealing As- Builts shall be made under Pay Item No . 108- 1 — Record Drawings — Lump Sum . F . Furnish required As- Builts with complete information and accuracy in ' order to achieve required approval of an item within the submittals . All costs to ENGINEER involved with subsequent submittals will be back- charged to CONTRACTOR ' 1 . 4ACCURACY ' The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As- Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR . ' 1 . 5 SUBMITTAL ' Upon Substantial Completion of the Work , deliver Record Drawings to ENGINEER . Final payment will not be made until satisfactory record documents are received by ENGINEER . ' + + END OF SECTION + + 01720-3 01720 Record Documents ' F:\PublicWorks\capita1 Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01720- Record Documents rev O'Brien .doc ' SECTION 01820 ' POST FINAL INSPECTION 1 . 1 GENERAL ' A . Approximately one year after Substantial Completion , the OWNER will make arrangements with the ENGINEER and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection . ' B . Corrections of defective work noted by OWNER and ENGINEER shall comply with the applicable sections of Article 13 , General Conditions . ' C . After the inspection , the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds . + + END OF SECTION + + 1820 - 1 ' F:\PublicWorks\Capital Projects\Fourth Street-Old Dixie-US1 \CONTRACT DOCUMENTS\01820.doc 01820-Post-Final Inspection yt DIVISION 2 TECHNICAL PROVISIONS Section No , Title 1 STANDARD SPECIFICATIONS 4 SCOPE OF WORK 102 MAINTENANCE OF TRAFFIC 104 EROSION AND WATER POLLUTION CONTROL 110 CLEARING AND GRUBBING 120 EXCAVATION AND EMBANKMENT 160 STABILIZING 285 OPTIONAL BASE COURSE 286 TURNOUT CONSTRUCTION 300 PRIME AND TACK COATS 331 TYPE S ASPHALTIC CONCRETE 425 INLETS , MANHOLES AND JUNCTION BOXES 430 PIPE CULVERTS AND STORM SEWERS 575 SODDING 700 SIGNING AND PAVEMENT MARKING F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US 1 \CONTRACT DOCUMENTS\DIVISION 2 TECHNICAL PROVISIONS.doc TECHNICAL PROVISIONS ' SECTION - 1 STANDARD SPECIFICATIONS All work of this Contract shall conform to the applicable technical specifications of ' Florida Department of Transportation Standard Specifications for Road and Bridge Construction , 2000 , and Supplements thereto as noted in the Special Provisions and addenda thereto , except as modified and supplemented ' hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals , etc . may refer to the "Owner" , " Department" , "State of Florida Department of Transportation " , or words relating P p 9 to offices of State Government , such words shall be taken as meaning Owner or ' Indian River County , Florida . Wherever the word Resident Engineer appears , it shall be taken to mean an authorized representative of the Owner's Engineer on the Project ( Resident Construction Inspector) who will act as an agent for Indian rRiver County , assigned to observe the progress quantity and quality of the work . ' SECTION - 4 SCOPE OF THE WORK Section 4-3 . 5 Value Engineering Incentive is deleted in its entirety . ' SECTION 102 MAINTENANCE OF TRAFFIC A. General : Work under this section consists of maintaining traffic within the limits of ' the project for the duration of construction in accordance with the U . S . Department of Transportation 's Manual On Uniform Traffic Control Devices ( MUTCD ) 2000 Edition , FDOT Index 600 Series and FDOT Standard ' Specification Section 102 . The purpose of the Traffic Control Plan , presented in the roadway construction plans , is to depict the concept of feasible construction sequencing and maintenance of traffic . The Contractor may submit to the ' Engineer an alternate plan for review and approval , one week prior to the preconstruction conference . The Traffic Control Plan indicates typical signing , marking and barricade locations and types . Additional details are found in the MUTCD , FDOT Index (600 Series ) and Standard Specifications . The Contractor shall install only new TCP signs and shall be Engineer grade . B . Compensation : All compensation for maintenance of traffic including barricades ' (Type ll ) , Barricades (Type III ) , Temporary Pavement , Off- Duty Police or Sheriff Deputy, Concrete Barrier (Temporary) and vertical panels boards , shall be lump ' TECHNICIAL PROVISIONS TP - 1 F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions .doc ' sum . This shall include all items and services necessaryfor the safe maintenance of traffic within the project limits . This shall include , but not be ' limited to , flaggers , construction and advisory signing , detours , temporary retaining systems , embankment , base material , asphaltic concrete , striping , cones , maintenance of pavement , asphaltic concrete curb , stormwater removal , ' temporary drainage structures and pipe , pumps , commercial material for driveway maintenance , flashing arrow boards , high intensity flashing lights , ' removable and temporary pavement markings , and temporary reflective pavement markers , temporary pavement , for maintenance of traffic . ' C . Non - Compliance : Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control plan or presents a public safety concern , the contractor shall have until the end of the working day , in which notification is given , to take action to modify the maintenance of traffic . Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied . ' D . Variable Message Sign : Purchase a new message board meeting specifications outlined below. The new message board shall be transferred to Indian River County ownership immediately after it is no longer needed to support construction work on this project . 1 . Message System : a . Message shall be provided by 3 lines of 8 individually changeable alpha - numeric characters per line . 1 b . Each character shall be a minimum of 18 " high and be composed by 35 pixels , 5 horizontal by 7 vertical . c . The message display shall be protected by a transparent screen . d . The characters shall be automatically illuminated for low light and nighttime operation . e . The minimum legibility distance of the displayed symbols shall be 900 ' under all light conditions . 2 . Sign Panel : a . The overall dimensions of the message matrix panel shall be a MAXIMUM height of 7 ' feet by a width of 10 ' feet . b . The sign panel shall be constructed of aluminum and painted flat black . c . Access panels shall be provided to service the interior of the sign panel . d . The sign panel shall pivot 360 degrees about its vertical axis and be capable of being locked into position at any of these points . e . The sign panel shall be raised and lowered by an electro- hydraulic system or other approved means . 3 . Power Supply: a . The unit shall be powered by a photovoltaic array and bank of storage ' batteries with a power output sufficient to maintain operation continuously with minimal maintenance on -site . b . The solar panel shall generate power in the travel or operating position . ' c . The battery bank provided shall be sufficient in size to allow normal operation of the unit for 21 days (24 hours a day) on a full charge with ' TECHNICIAL PROVISIONS TP - 2 ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions.doc ' no solar assist . d . The batteries shall be protected from excess discharge and ' overcharging by an internal regulator. e . The batteries shall be housed in a ventilated , weatherproof enclosure . The enclosure shall be lockable to prevent vandalism or theft . ' 4 . Control System : a . The controller shall be a microprocessor based unit with capability to control all functions including storage of up to a minimum of 50 pre- programmed messages . b . A keyboard and display shall be provided to allow the operator to ' program the unit and produce the desired sequence of messages . c . The control station shall be located in a ventilated , weatherproof enclosure . The enclosure shall be lockable to prevent unauthorized ' access . d . A batter bank level of charge indicator shall be provided . e . A current level indicator shall be provided to monitor the solar panel ' output . f. The flash rate of the messages displayed shall be adjustable between 1 to 10 seconds . g . Wiring harnesses shall be enclosed in weatherproof conduit and shall be routed around pinch points and any moving parts . Connectors shall be corrosion resistant and waterproof. ' 5 . Trailer: a . The frame and tongue shall be all -welded steel construction with protective fenders over the wheels . ' b . A 2 " ball type hitch and heavy-duty rust resistant safety chains shall be provided . c . The trailer axle shall be rated to safely support the sprung weight of the unit while being transported as 65 mph . The trailer shall come equipped with leaf springs , roller bearings and grease hubs . d . Two (2 ) 15 inch , minimum load rated " B " tries mounted on one- piece steel wheels shall be provided . e . The trailer shall be equipped with four adjustable jackstands , one mounted at each corner of the unit . f. Trailer lights and reflectors shall be in accordance with Federal Motor Vehicle Safety Standards . g . A trailer light " pigtail " consisting of a 7 - pin male connector per SAE J560b shall be provided . 6 . Training and Manuals : a . Two (2 ) manufacturer' s operator manuals and two (2 ) each lubrication instructions and maintenance instructions to be delivered with each unit b . The supplier will provide a checklist for periodic preventive maintenance suitable for reproduction on 8 Y2 by 11 paper. c . The supplier shall ensure that all service bulletins , recall notices , and /or other service or maintenance information for the reasonable life of the machines supplied are sent to the County. ' d . The services of a factory technician , thoroughly trained in the use and operation of the unit , shall be furnished for a period of not less than one ' TECHNICIAL PROVISIONS TP- 3 ' F:\Public Works\Capital Projects\Fourth. Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions. doc ' ( 1 ) day , to instruct personnel in the use , operation and maintenance of the unit after delivery . This is to be done at the delivery location . ' 7 . Warranty : The manufacturer shall warrant all components , including those not of his manufacture , for a minimum of one year, rust-through for two years . ' E . Payment shall be made under: iItem No . 102 - 1 - Maintenance of Traffic - Lump Sum Item No . 102-99 - Variable Message Board - Each Day ' Item No . 102 -99 A- Variable Message Board Premium — Lump Sum SECTION 104 ' EROSION AND WATER POLLUTION CONTROL 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 . Preconstruction Conference : At the preconstruction conference the Contractor shall present , in written form , his plans and schedules for prevention , control , and abatement of erosion and water pollution . Be Canals : Floating turbidity barriers shall be installed in all permanent water course ' in a manner so as not to act as a dam . Barriers shall be located at distance of no greater than 25 feet downstream from the last point of construction . ' C . 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 . 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 and they are listed in paragraph SC-6 . 08 of the Supplementary Conditions . Per paragraph SC-6 . 08 . 0 of the Supplementary Conditions , the ' TECHNICIAL PROVISIONS TP- 4 ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions.doc ' CONTRACTOR shall apply for, obtain , andpaY 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 . Johns River Water Management District ( SJRWMD ) . Contact SJRWMD at ( 321 ) 9844940 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 ( NOI ) 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 . ' G . Compensation : All payment for the above items shall be made under Item Item No . 104 -0 – Erosion and Turbidity Control – Lump Sum ' Item No . 104- 10 - Baled Hay or Straw - Per Each SECTION 110 ' CLEARING AND GRUBBING A Payment for Clearing and Grubbing shall include compensation for: the removal and disposal of asphaltic concrete and existing concrete pavement , concrete , ' sidewalks , curbing , abandoned utilities ( including pipes , cables , conduit and structures ) , existing walls , 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 ( See Article SC-W ) . All unwanted materials shall be removed and suitably disposed of by the Contractor outside the project limits (see Article SC-W ) . Any salvage value TECHNICIAL PROVISIONS TP- 5 F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions. doc ' received ved from the removed materials shall be reflected in the Contractors proposal . ' B . Clear and grub within the entire limits of the right-of,-way except in specific s areas designated by the Engineer to remain for aesthetic purposes . ' C . Existing and temporary ryasphaltic 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. D . Removal of existing pavement includes all removal and disposal of the asphalt twithin the limit shown on the plans . E . Existing artesian and non -artesian water wells located within the limits of the ' proposed roadway improvements shall be grouted and sealed in accordance with St . Johns River Water Management District Chapter 40C-3 , F . A . C . ' F . Cost of mailboxes shall include all labor to furnish and install and relocate due to construction phasing and materials required . ' G . Payment shall be made under: Item No . 110 - 1 - 1 - Clearing and Grubbing — Lump Sum ' Item No . 110- 1 - 1A — Clearing and Grubbing ( F . E . C . Drainage Swale )- Lump Sum Item No . 110-7- 1 — Mailbox Relocate — Per- Each ' SECTION 120 EXCAVATION AND EMBANKMENT ' A . Earthwork , including earthwork for drives outside the right-of-way limits , shall be paid for as excavation and embankment . Cost shall include all work specified in ' this section and Section 120 of the Standard Specifications . Such price and payment shall specifically include all cost of any roadway , retention area or swale , and final dressing operations in accordance with Section 120 - 13 . 3 . ' B . Earthwork quantities shall be considered as in - place material with no shrinkage 9 or expansion factors . ' C . Subsoil Excavation - Any excavation below thero osed bottom elevation of the p P , isolated swale bottom locations , isolated locations for pipe installations and as ' approved by the engineer shall be paid for as subsoil excavation . Approximately 2 . 0 ft of subsoil excavation is required in ditches located under proposed roadway and drainage culvert improvements . Cost of replacement embankment ' shall be included in cost of subsoil excavation . Contractor to coordinate with county representative prior to any subsoil excavation . ' TECHNICIAL PROVISIONS TP- 6 ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions .doc ' D . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120 - 7 . 2 : ' RoadwayDesign Standard Index No . 505 Embankment Utilization Details 9 e ails is modified by the addition of the following : ' An stratum or stockpile or soil which contains obvious Y p us pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade ' by the Owner. ' 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 . ' No A-8 material permitted in embankment . ' E . Payment shall be made under: Item No . 120 - 1 - Excavation - Per Cubic Yard ' Item No . 120 -4 — Subsoil Excavation - Per Cubic Yard Item No . 120 -6 - Embankment - Per Cubic Yard Item No . 120 —6S — Special Embankment - Per Cubic Yard ' SECTION 160 ' COMPACTED SUBGRADE A . Existing subgrade shall be compacted to 98 % max . density in accordance with ' AAS HTO T- 180 . B . Payment shall be made under: ' Item No . 160-0 — Compacted Subgrade - Per Square Yard ' SECTION 250 ' SHELL BASE A . Sub Article 285 -4 ( Page 201 ) is modified by the addition of the following : ' Base material , thickness and requirements are described in the construction plans . Only one type of alternate base material shall be used No additional payment will be made for base thickness in excess of the specified thickness ' TECHNICIAL PROVISIONS TP- 7 ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions .doc B . Payment shall be made under : ' 250 -3 - Per Square q e Yard ' SECTION 286 ' TURNOUT CONSTRUCTION A . Sub Article 286 -6 ( Page 203 ) is modified by the addition of the following : The cost of any bituminous material used in hot bituminous mix , Class I Concrete , form work , prime coat or tack coat , or any incidental labor or material ' shall not be paid for separately . B . Payment shall be made under: ' Item No . 286 - 1 - 1 Turnout Construction (Asphalt ) - Square Yard Item No . 286- 1 - 2 Turnout Construction (Concrete 6 " Thick) - Square Yard ' SECTION 300 ' PRIME AND TACK COATS All prime and tack materials as identified in the 1991 FDOT Road and Bridge ' Specifications and 1994 Supplements may be used . Article 300-9 Basis of Payment ( Page 209 ) is deleted and the following substituted : The quantities to be paid for under this Section shall be included in the cost of the following contract items : A . Prime Coat - included in 'Base " Pay Item . ' B . Tack Coat - included in "Asphaltic Concrete " Pay Item ' C . Bituminous Material ( Plant Mix) . ( asph . cem . 20/30 ) - to be included in Asphaltic Concrete . ' SECTION 331 TYPE S ASPHALTIC CONCRETE ' A . Subarticle 331 -7 ( Page 258 ) 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 B . Payment shall be made under: ' TECHNICIAL PROVISIONS TP- 8 ' F :\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions.doc Item No . 334-2 — SP- 12 . 5 Leveling Course (0 . 5 if + Avg . ) _ Ton , Item No . 334-72 - 10 — SP- 9 -5 Asphaltic Concrete ( 1 " ) — Per Square Yard . ' Item No . 334-72 - 14 — SP- 12 . 5 Asphaltic Concrete ( 1 1 /2 " ) - Per Square Yard . SECTION 425 INLETS , MANHOLES AND JUNCTION BOXES ' A . CURB INLET P5 AND J5 : Structure bottoms shall be constructed aser FDOT Index 200 . Inlet tops shall be constructed as per FDOT Index 211 . p ' B . Payment shall be made under: ' Item No . 425A1 351 - Inlet ( Curb Type P-5 ) ( < 10 ' ) - Per Each Item No . 425- 1 -361 - Inlet ( Curb Type P-6 ) (< 10 ' ) - Per Each Item No . 425A1 453 - Inlet ( Curb Type J -5 ) ( < 10 ' ) - Per Each ' Item No . 425- 1 - 521 - Inlet (Type C Ditch Bottom ) - Per Each Item No . 425- 1 -551 - Inlet (Type E Ditch Bottom ) - Per Each Item No . 425-2 -41 - Manhole (Type P ) - Per Each ' Item No . 425-2 -71 - Manhole (Type J ) - Per Each Item No . 425- 10 - Yard Drain - Per Each ' SECTION 430 PIPE CULVERTS AND STORM SEWERS (CONCRETE) ' A . CONCRETE PIPE CULVERT (CLASS III ) : The concretei e p p culvert, Class III , shall be constructed in accordance with ASTM Designation C-76 , Class III , Wall ' B . Any select bedding needed to stabilize pipe to be #57 or #4 rock . Select bedding will be included in the cost of the pipe . Minimum bedding depth to be 18 " and minimum width to be diameter of pipe . Cost of removal of unsuitable ' material beneath 18 " bedding shall be paid for as subsoil excavation Item No . 1204 , ' The work under this section shall include all materials , excavation , backfilling , tamping and disposal of surplus material . All required sheeting is to be included ' in the cost of pipe . Such price and payment shall be full compensation for all work in this section . Payment shall be made under: Item No . 430- 11 -442 - Concrete Pipe Culvert ( Class III , 54 " ) - Per Linear Foot ' Item No . 430- 11 -443 - Concrete Pipe Culvert ( Class III , 60 ") - Per Linear Foot B . DRAINAGE END TREATMENT : Subarticle 430-4 . 6 ( Page 383 ) . The second paragraph of this Subarticle is deleted . Flared end section (36 " and 60" RCP ) (Special ) shall be constructed as shown in the detail shown within the construction plans . ' TECHNICIAL PROVISIONS TP- 9 ' FAPublic Works\Capital Projects\Fourth Street-Old Dixie-USI \CONTRACT DOCUMENTS\4th Street Technical Provisions.doc ' Payment shall y be made under: ' Item No . 430-200-38 - Flared End Section ( 36 " Pipe ) - Per Each Item No . 430-200-43 - Flared End Section ( 60 " Pipe ) - Per Each ' C . CONCRETE PIPE JOINTS : Subarticle 430- 7 . 1 . 1 ( Page 384 ) is modified by the addition of the following : In addition to the rubber gaskets all round and elliptical ' concrete pipe other than side drains shall have wrapped filter fabric jacket joints . The joint between the pipe and the structure shall also have a filter fabric jacket . These joints shall conform to INDEX 280 and have a minimum wrapping width of ' 1 foot on both sides of the exposed joint . The fabric must be long enough to overlap the outer circumference of the pipe joint by a minimum of 1 foot . Metal strapping will be used on both sides of the circumference of the pipe joint to ' secure the fabric . Other methods which will secure the fabric against the wall until the backfill is compacted will be considered for approval by the Engineer. The filter fabric shall be in accordance with Section 985 , and/or as modified by ' these special provision , for subsurface drainage . Payment shall be made under the unit price for concrete pipe . ' D . PIPE CULVERTS AND STORM SEWERS : Subarticle 430 - 12 . 1 The text is deleted and the following substituted : ' "The quantities of pipe culvert to be paid for under this Section shall be the plan quantity in feet of concrete Pipe Culvert and High Density Polyethylene ( HDPE ) Pipe 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 . " ' Pipe that has been patched significantly prior to delivery shall be grounds for rejection of pipe . Lifting holes on pipe culverts shall be grounds for rejection of pipe . ASTM Specification C-76-85A and AASTM Specification M170-89 are modified by the ' following : Significant patching of pipe prior to delivery shall be grounds for rejection of pipe . ' The exposure of the ends of the longitudinal stirrups orspacers that have been used to position the cages during the placement of the concrete may be a cause ' for rejection by the Project Engineer. 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 . TECHNICIAL PROVISIONS TP- 10 ' FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions .doc IPayment shall y a I be made under: ' Item No . 430 - 11 -423 - Concrete Pipe Culvert ( Class II , 15 " ) - Per Linear Foot Item No . 430 - 11 -425 - Concrete Pipe Culvert ( Class Il , 18 " ) - Per Linear Foot Item No . 430 - 11 -429 - Concrete Pipe Culvert ( Class Il , 24") - Per Linear Foot ' Item No . 430- 11 -433 - Concrete Pipe Culvert ( Class II , 30" ) - Per Linear Foot Item No . 430- 11 -438 - Concrete Pipe Culvert ( Class II , 36 " ) - Per Linear Foot Item No . 430 - 171 -23 — High Density Polyethylene ( HDPE , 15 ") - Per Linear Foot Item No . 430 -982- 123 - Mitered End Section ( 15 " Pipe ) - Per Each SECTION 575 SODDING ' A . Description : 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 or St . Augustine ) . This work shall also include mowing in accordance with Section 104- 7 . 2 ( Page 108 ) , 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 to assure a healthy ' stand of grass . Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed " . ' C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . ' Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square ) indication of probable non 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 furnished/installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . ' 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 . At the end of the guarantee period , all sod that is dead or in unsatisfactory ' growth shall be replaced within two weeks . ' D . Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws . TECHNICIAL PROVISIONS TP-. 11 ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions .doc ' The numerical designations for fertilizer indicate the minimum percentages ( respectively) of ( 1 ) total nitrogen , (2 ) available phosphoric acid and (3 ) ' water-soluble potash contained in the fertilizer. The chemical designation of the fertilizer shall be 164-8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent 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. ' Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding ' operations as necessary to meet the requirements of Article 570-5 and 2 . 34 . 8 . F . Preparation of Ground : The area over which the 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 . G . Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to arange of6 . 0 - 7 . 0 . 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 . Contractor shall apply applications as per manufacturer's specification . All tickets ' from bags shall be handed over to the County Inspector. On steep slopes , where the use of a machine for spreading or mixing is not practicable , the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches . H . 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 . ' 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 . ' TECHNICIAL PROVISIONS TP- 12 FAPublic Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions .doc Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 Y2" below paved shoulder. On slopes p 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 . Sodding shall not be performed when weather and soil conditions are , in the ' Engineer's opinion , unsuitable for proper results . ' Sod shall be placed around all structures , equipment pads , etc . I . 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) . ' J . 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. Replanting or repair necessary due to the Contractor's negligence , carelessness or failure to provide routine maintenance shall be at the Contractor's expense . 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 . ' K . Article 575-5 ( Page 532 ) . The first two paragraphs under this Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod , fertilizer (2 applications ) , sidewalk sweeping after mowing , mowing , disposal of clippings , water, tools , equipment, labor and all other incidentals necessary. ' L . Payment shall be made under: Item No . : 575- 1 /13 Sod (Bahia ) - Per Square Yard Item No . : 575- 1 /F Sod ( Floratam ) - Per Square Yard t TECHNICIAL PROVISIONS TP- 13 ' F:\Public Works\Capital Projects\Fourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions.doc r SECTION 700 SIGNING AND PAVEMENT MARKING A . Signing and pavement marking for traffic control shall conform to the r requirements of the Standard Specifications (2000 ) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design ' Standards , manufacturers specifications . Be Traffic Signs : All existing signs which are the property of the Owner shall be ' transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as ' not to damage the signs . If any damage occurs , as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation . C . All reflective pavement markers shall be 4 " x 4 " . r r + + END OF SECTION + + r r 1 . 1 1 1 1 1 TECHNICIAL PROVISIONS TP- 14 F:\Public Works\Capital Projectffourth Street-Old Dixie-US I \CONTRACT DOCUMENTS\4th Street Technical Provisions .doc APPENDIX " A " R STATE OF FLORIDA DEPARTMEAYT OF TRANSPORTATION DRIVEWAY CONNECTION PERNIITFORM 850-040-I8 SYSTEMS PLANNING FOR ALL CATEGORIES 11/93 B w'J] P81Of3 e r :� 'AKTi �EIE7SI'�f) A, SON L . ..._. .:. •_ . ate ! ^:..e APPLICATION NUMBER: t , ` 9 0 0066 Permit Category: YGvt�Y�G Access Classification: ' PROJECT: _ 4' Street (Old Dixie Highway to U S Highway No 1 ) ` PERMITTEE: Indian River County ' Section/Mile Post: 8801 Y, 3 .7 f State Road: 5 Section/Mile Post: State Road: ' Section/Mile Post: State Road: gg mom k � .. . .c,: : San' ax� ': ' Permittee Name: Indian River County Permittee Mailing Address : 1840 25n' Street ' City, State, Zip : Vero Beach, FL 32960 Telephone: ( 772) 567-8000 Engineer/Consultant/or Project Manager: Keith and Schnars P.A. Engineer responsible for construction inspection: James R. Chanman, P E (Keith and Schnars P.A. ) No 37245 NAME P.E. # Mailing Address: 900 East Ocean Boulevard Suite 340-E City, State, Zip : StuartFL 34994 ' Telephone: ( 772) 287-2626 Mobile or FAX Phone: ( 772) 286-7999 (CIRCLE ONE) P9. ;,ay . . t ' N MH ' The above application has bee1n; reviewed and is hereby approved subject to all Provisions as attached. PERMIT NUMBER: , ' Department of Transportation Construction shall begin by: Y BY: lD- Z 9 . oil a Q • A . V.IGN1 , P. E . and shall be completed no later than: TITLE : Productlo nor ' (Date)Special provisions attached YES N /' NO ❑ Date of Issuance: ' NOTE: This permit is only valid for one calendar year from date of issuance. See reverse side for General and Special Provisions ' FORM 850-040-18 SYSTEMS PLANNING 11/93 Page 3 of ' NON-CONFORMING CONNECTIONS : ❑ YES NO ' If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following may be a part of thispermit: 1 • The non-conforming connections) described in this permit will carry no more than in average daily traffic, or in peak hour traffic. 2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. ' OTHER SPECIAL PROVISIONS THE PERMITTEE IS RESPONSIBLE FOR MEETING ALL REQUIREMENTS OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) POLLUTANT DISCHARGE ' ELIMINATION (NPDES) RULES . FOR MORE INFO VISIT www. dep . state . flaus/water/stonnwater/npdes/ .qE� '` ,a , a 77, TE "ERTIIE+I(�s5 '[ iID This permit is hereby signed and all provisions agreed to on date: Ca' — $ — Q og I certify that I have read and understand the information and provisions contained in this permit. I further certify that I possess the authority to undertake the activitie WITNESSED BY . Signed: (,J . �e cant or authmwd reprcsmfanve PRINT OR TYPE . O PRINT OR YPE : James W. Davis. P.E. i (Mailmign)� TITLE: Public Works Director 1840 25 Street Vero Beach FL 32960 (sem) DATE:) (zip) (city) 4 y 3 (state) (zip) ' g - - RECYCLEDPAPEKS .+}�'•F°453�5�'��"''.,wdki r� '1�,`>`"TSSe4 '3 Y ,glrx'".v T'm_ ate' W � P�' 'w '� � @ ave '.,'o �' id i.�v`'�j`Ltj' '�' �i� ffi:=� s' ���� Y �.:.k'�``'�lizr .'Pwi`�s�"1' �i�.l"'i-5s �'°y `�' "t'.�. �9• ,,.az rx - '�. �r� . F � • r'.�k �°e+ � ��C`- RF� �S 3�"G?'iG �$S �d.=F � � � �. � �� �, £ �t '� � �" +� r � a APPLICATION • , E APPLICANT: (This • Number 1 1 ' filled out by Pern-dt Stafo Name/Address _ 1 l / A) IIIIIIIV U / I or ie 2 ProjectName: R ♦ P . i PER DAY *� Category1 $50 , 00 Category . 11 $250 ,00 Category61 11 $ 1 , 000 .00 Category1 111 $2t000. 00 Category1 / 1 ! 11 $39000 , 00 Cate ' • 1 11 1 111 $4, 000000 Category G 30,001111 11 Temporary $250 , 00 (Only if localgovernment agrees not to charge NO FEE Safety Upgrade • for permit 1 • agreement, 1 1 Public Street/FacilityWAIVERFEE Application Fee conected $ 'OvIA90. (6) Fee Collected By Payment: Certified Check . Money Order • n Cashier' s Check Check Number A00I / Signature Date • • District unit , Receipt GivenBack to Applicant Hand Delivery Courier Service Other Applicant-CorSignature �I `R� u 1 ...% x E 'S` . �^v „'Tzvq'R x• °�' a. < ? hEo f� ^ ,� a •E t �{ ,.;`. RR- m, n ,�ai '� "x" �y �n+L'€+d 3�z.:.e-"` 1t •re^s. 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Si'� ° ,: EA @I 8 >��€9� @�`a. ��A �� ��� m ,. ,�', Sa a14. ��``'°i`�i°�.a�,4. r '''z�};. e � p , ',-.�'�. �s.�,�'$�C- n4_m (C � .E , r :$ �,g '"�a,.t wz;:'.Y'�.a •.,, � ,k, � , .��w�#' ` TM<' a ,� � '7; �1'm. ...i*z Xm1.(�s yydmow.��Y. 11s �FT�� R.....m. 'Fm if`.yR„ Ga2'?�, ,U'j .F�+ �.+�fP X's 3 .y-J>sE3'ti-.`ssx"att`�4y`v.��x" �I-yrn.� k -'Yd' Mp1` 4-f�r° ."'.'"',T,M�-,F f+ etX% z;�t .,kkw.,, ...;.. �A4e . ; ,. F�'-2iv+� 3°u z'"p; :,b d .L. ,-�!x ,r•�'g� } .: �3/9R+: av '. S *c � ^:Ya ,Y k e.. � "9• � vi {Sh R ��3T'�� v �� - � �`' V J4 y- s!°+n ,7�s d'i, � $�'� �,1'S - .t2 ',7��r•Fae x �---.��iyc '$ sv��.xy sz ss. . '?.rs „j,'sg,,'� `$` ii' :.,1�t d- k, x. ' �ss�k4 �,M ,�'� � ;k^'Y' y� ,Yf } f, .-. ;���✓r'"P'^ �.'a" g`s� x �maa�..'xi's�.....t, ,+, d c. }.lax.,>a � . ,`pa. s , , a,-t`-, �ga : :.� e' �� �F s �{^ �' �'� � .a .�Ca i` �$d>a °4 �s�fR tsn .t��, u`i§ fLw.7 .�,;�,a'xy°,y�sen"t �,;,.:�:.�`�✓',�`�,® r�C. F ^..F1'S a in-:g '•; . ��;.:�: �.'�'r � s. ��P:'r �f, E� x �'ea L, zs 3 �•: ' s `t �t ''i., i -A 'Ri .'E,�.xur , 3`F'� I'.} R dl��-,y� r�RY °tr s - x 'Y' �e� : . �, .t ' � �, $ t '.E4 ¢ A k` Id - 6 • 1 � "! 1 ; 9 � '. , � AI ® ; I �p. � ':.;K- fix^ M - `d I► STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION APPLICATION FORM 850-o4o- I5 FOR ALL CATEGORIES SYSTEMS PLANNING - 11/94 Page I of 6 �' ;° 5 .. y agg .. ..:p . IN d ! . c;, y 4 " 3 :a. :1 't : :z .. w.r.. . :,' 'T �Y .fi' .'+3r, '+t9�°.#c ��'v s5 � k 'i: ftp :is •su'T � �"Y"" .. RE - ' " Ofu N kv " : ':z - i MKINainn Un- ' APPLICANT:_ Indian River Countv CONSULTING FIRM/PROJECT MANAGER• Mailing Address : 1840 251 Street James R. Chapman, P.E. City, State, Zip Vero Beach, FL 32960 Keith and Schnars P.A. Telephone: ( 772) 567-8000 Mailing Address : 900 East Ocean Boulevard Suite 340-E PROPERTY OWNER: Indian River County ' Responsible Corporate Officer: James W. Davis, P.E. City State, Zip: Public Works Director Stuart. FL 34994 Mailing Address : 1840 25'e Street ' Telephone:(772) 287-2626 City, State, Zip Vero Beach FL 32960 FAX Mobile Phone, etc. : (772) 286-7999 Telephone: (772) 5674000 CIRCL9 ONE ' FAX Mobile Phone, etc. : (772) 778-9391 CIRC19 ONE ' ARE YOU AN AUTHORIZED REPRESENTATIVE ? If the property owner desires to have a representative sign and handle the application, the owner must provide ' a notarized letter of authorization attached with the application. SEE PART 2 OF THIS FORM BELOW) TTS, AM-ORIZATMOF REPREBEI IATI x . Authorized Representative: (NOTE: All correspondence will be made through the representative. A notarized letter of authorization must be attached if you use an ' authorized representative.) Name : ' Company: Address: Continue onto next page ' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 850-040-15 DRIVEWAY/CONNECTION APPLICATION SYSTEMS PLANNING - 11/94 FOR ALL CATEGORIES Page 3 of i :r 3 s #� „ a "'a- ,e, " e3 S ,. � ,� '6 .. .s` 1:=.. 'z,g'`..�."xwL ,. :.. �`'� .,. ..:" " " . . .... v ...a;.� "�, uQYIC. ` 'r " . a � «.. r �. .� a ,„ s 1 14 ' IF YOU ARE APPLYING FOR A TEMPORARY, PUBLIC STREET, OR SAFETY UPGRADE PERMIT COMPLETE THE FOLLOWING . ' CHECK ONE ❑ Temporary Permit, Description: From (Date): To (Date) : (Not to exceed 6 months) ® Public Street, Road or Facility, Description: 41 Street Expected Daily Traffic ' ❑ Safety Upgrade, Description rt ;z «,° .. ' a 'S' rte. ' ' y ,y�g�# ' -n. :: rx ,ur . y� .�. ? ' 1 _', .. i "°,:- 4 � 3` :.: hlili �vf�7�u�x�i \:7�i' ` REll� �IJ .. #tx"..' .` �' ." `.:, au.' � a } .,e 'y? . _. . . «, x?c;x . . .,.... . _ may-: Property Physical Site Address : 4m Street Between: Old Dixie Highwav to U. S. Highway No. 1 tenet Ro4 Etc. an 4reet Roa4 Etc. ' it Please indicate North development rs to phases, please provi s onnarion on a separatesheet IF IT WILL SERVE TO BETTER COMMUNICATE, ' PLEASE PROVIDE SKETCH OF PROPERTY LOCATION (SCALE IS NOT IMPORTANT) CONNECTION NO. 1' CONNECTION NO, Z Road Name: U. S. Highway No. 1 Road Name: R�kffi Access Management Classification (/> Roadway Access Management Classification ' (Available at Dgm1n W) Posted Speed Limit: MPH Posted Speed Limit: t Road Section Number: 88010 WamnlRoad Section Number: e a epaxtment v eapazpnea Mile Post Number: M.P. 3 .7t Mile Post Number: (Available a amnen e rn ' (ATTACH ADDITIONAL SHEET AS NEEDED) CONTINUE ON NEXT PAGE c STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 850-040-15 DRIVEWAY/CONNECTION .APPLICATION SYSTEMS PLANNING - 11/94 FOR ALL CATEGORIES Page 5 of 6 : ,. B . Connection Design Plan (Scale: 1 " = 40' (Half-Size) ) C. Drainage from Topo Plans (Separate map from Site Plan & ' Includes : Connection Design may be required) 1 X Connection/driveway dimensions (include X Culvert size and type width, angle, radius, flare, etc.) X All roadway alterations X Existing grading ' X Auxiliary lanes with cross section X Proposed grading N/A Existing traffic control devices X Stormwater facilities ' N/A Proposed traffic control devices X Drainage facilities X Striping and signing plans ' X Pavement design include cross section for connection(s) ' X Pavement design including cross section for auxiliary lanes (Due to scale, this exhibit may need to be separate from other exhibits) Recent aerial photos are acceptable. Location and spacing of connections, median openings, and roads for: 660 Ft. (200 M) each side of the proposed connection for roads with speeds 45 MPH (70 KPH) or less ' 1320 Ft. (400 M) each side of the proposed connection for roads with speeds greater than 45 MPH 70 KP ' Above information for both sides of the street *Other, Explain *Due to a restrictive median, or other physical features, the requirements of this section may be less. k r�tj R ..: ,,: i •= . x .. .. <.i. . 3- ` - '+' . ,. = �"F'fiC .STIID '" n _ r ' FOR CATEGORY D,E,F,&G application or any application requesting a Traffic Signal, New Median Opening, or Modified Median Opening. N/A Traffic Study N/A Peak hour movements from each proposed connection N/A Existing conditions ' N/A Future conditions (Year_ Continue on next page ;� u"ZuLULC your .9 roveca Permit, a copy of together gether W1th a copy of Plans, must be on; the job at all bines . 1 . The Permit is valid only forwork proposed within D. O. T. right=of- wa . 2• The applicant or the Prime Professional Engineer shall arrange a preconstruction meeting with the D. O . T. Project Manager at which time an eventualitiemergency restoration plan to address ' es such as htimcanes will be submitted together with a 244 hour telephone nummber' by which the Department may contact the person responsible for, and who has authority to action., the emergency restoration plan. ' 3• The MOT plan approved as part ofsPermit PPPears to acconnn . dditional MOT plans may. need to beemp Dyed and shall bein oda planned work. ' F. D . O . T. Roadway and Traffic Design Standazds . dance the 4. All portions of the D . O . T. right-of-way disturbed in the construction of this' project will be restored as per FL D . O . T. Specifications. 5• Existing ratio of pavement slope is to be extended across the proposed pavement for driveway connections, right turn deceleration and turn storage lanes, including tapers. 6. Existing ' swales between -the edge of pavement and theright-of-way lines shall be ' maintained by the Permittee, 7. Swales to be constructed a minimum of eight (8) feet from the edge ofpavement and at ' least 6" 'below the edges of pavement. The driveways are' to be constructed in such manner that the water in the swale will not be blocked. 8• ' Construct shoulders in areas of driveways •and turnouts as deemed necessary' Department. by the 90 All work shall be certified in writing by the Engineer of Record, statin that ' been completed in accordance with the permit and the dePg the work has specifications , nent's standards & ' 100. Validity of this ernut is contingent gent upon permittee obtaikffig .necessary permits from all other agencies involved. ' 11 . 120DNEY CROWE ' LL OF FDOT SHALL BE NOTIFIED 48 HOURS IN ADVANCE OF BEGINNING WORK FIN RIGHT: OF-WAY;-1'A: 772-465- ' 7396/FAX 772-48 -7120 (Please include your name, phone number and D . O. T. Permit number.) Prime Professional Engineer Request for Bond Release And Statement of Certification of Completed Permit Work ' Permit Number : Date : I hereby state that this permit' work has been built in accordance with the permit provisions and that minor deviations (as noted in the attached drawings) will not prevent the permitted work from functioning safely and as intended at the time of permit approval . This statement is based upon the site observation of construction , scheduled and conducted by myself or by my representative under my direct ' supervision. All reasonable inspections , tests , and physical measurements have been made to determine that this permitted work has been done in accordance with the provisions of the approved permit and applicable adopted Florida Department of ' Transportation standards . ❑ Please release posted bond ❑ Please release Letter of Credit ' ❑ Please release check ❑ No Bond was posted Printed Name Prime Professional Engineer Florida P .E. License Number Signature Date of Permit Work Completion ' Prime Professional Engineer Seal ' FOR MOT USE ONLY I recommend release of tory posted bond as requested. ❑ Yes ❑ No Date of Department Final Inspection Department Personnel In Attendence ' Spmn11 dlpcmtitAO4disklcenifi.npd Re Ind - 112. 16.1001 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRAINAGE CONNECTION PERMIT APPLICATION FORM DESIGFOy4 N To be completed by DOT 10/86 Drainage Connection Permit Application No . �'� -'� 035 ' Received By �` Maintenance Unit Date g State Road No , IT Section No . _ r4 D Construction Project No ,l � Station to Milepost ra . /veil FROM TO To be completed by Applicant Applicant's Name: Indian River County .. - Address : ounty .Address : 1840 25th Street ( 772 ) 567- 8000 Vero Beach STREET TELEPHONE NO . ' Indian River Florida 32960 CIN COUNTY Project Name: Fourth Street Wldeniri STATE ZIP (Old . Dixie Highway to U . S . Tai hwa No . 1 ) Location : _ Fourth Street5 1 ' STREET Vero RAac h Indian River SR. NO . US HWY NO. COUNTY CITY 13 33S 39E Brief Description of Activity Proposed: SECTION(S) TOWNSHIPS) RANGE(S) ' Widening an existing highway from two- lanes to five-lanes ' Thl5 REQ IT L DE ON ,�> ' Briefly Describe Why This Activity Requires a Drainage Connection Permit: ATE AT ( Include Where the Stormwater Will Discharge) ft- 'eft ' The project is located within 250 feet of S . R . 5 . Stormwater runoff will be discharged to the FEC Railroad Corridor ; no direct discharge to S . R : . 5 will occur . NOTE : Rule Chapter 94-86. 004 specifies the exact data requirements which constitute a complete application. This ' form must be submitted with all the required items in quadruplicate, These Include: ® Affidavit of-ownership or Control Location Map ❑ Legal Description ® Grading Plan ' ® Statement of Contiguous Interest ElVED RECFI Q Soil Borings El Computations Water Table/Percolati��/ El Certification � Permit Form 592- 2 7 2003 ' ❑ Photographs of Existing Conditions DIST jj{ � Please mark Items which have been submitted. p p ` PER191f�'S ' I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED IN THIS APPLICATION IS COMPLETE, ACCURATE , AND INDICATIVE OF THE ACTIVITY AND OF THE EXISTING AND PROPOSED DRAINAGE/STORMWATER MANAGEMENT FEATURES AND PATTERNS , APPLICANT 1 (SIGN) ' James W. Daari P . E . Pub1i c Works Director Indian River -Y , 1840 25th Street Vero Beach NAME (MAILING ADDRESS) STREET Florida 32960 ^ , CI� 3 STATE ZIP ' DATE ( 772 ) 567 - 8000 If this application is signed by a representative of the applicant, a letter of authorization from the permittee must be attachedLEPHONE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ' DRAINAGE CONNECTION PERMIT F592.13 ROADWAAYY DESIGN To be completed by DOT , ass Pape 1 of 3 ' Drainage Connection Permit Application No. 190 k* 4 9 a 0 Q 3 5 State Road No . — Construction Project No , Section No. QLQ ' Milepost ll Station to lo , 021j' FROM TO To be completed by Applicant I , Indian River COUn (NAME OF APPLICANT) 772 ) 567- 800 1840 25th Street (TELEPHONE Vero Beach(CITY) ' (MAILING ADDRESS) (CIT1• FL 3296, (STATE) (ZIP) having read the terms and conditions which follow, request permission to construct and operate a drainage connection between (DESCRIBE YOUR FACILITY) ' Fourth Street (Old Dixie Highway to U., S . Highway No , 1 ) °• A tAll P and the facilities of the Department of Transportation by construction of a 10um""e Tw ' ( DESCRIBE PROPOSED CONNECTION) No connection on the Department's right of way at the following location: ' Adjacent to U . S . Highway No , 1 ' on State Road No. 5 U . S . Highway No . 1 County Indian River 03D0490 "� UUo� 5 1 : qF UCS pE IT )MV MA& FORM 592.13 ' .t iii CM. �O$ SATE Ai ROADWAY DESIGN To be completed b y DOT gU;Z" T44E CONSTWO Pape 2 of 3 P ramie - ' 1 . This permit is a license for permissive use only and does not convey any property rights either in real estate or material , or any exclusive privilege , and it does not authorize any injury to private property or invasion of private rights , or any infringement of Federal, State or local laws or regulations ; nor does it obviate the necessity of obtaining any required state or local approvals . ' 2 . The drainage connection as 9 authorized herein shall be constructed and thereafter maintained in accordance with the documents attached hereto and incorporated by reference herein. All construction on the Department's right of way shall conform to Department specifications and the Departments manual on Traffic Controls and Safe Practices for Street and Highway Construction , Maintenance and Utility Operation . Such construction shall be subject to the supervision and approval of the Department, and the Department may at any time make such inspections as It deems necessary to assure that the drainage connection is in compliance with this permit. 3 . The entire expense of construction within the Department right of wa Including pavement or other existing features , shall be borne by the permittee. y' mg replacement of existing ' 4 . The permittee shall maintain that portion of the drainage connection authorized herein located on his property in good condition . The Department shall maintain that portion of the drainage connection authorized herein located within Its right of way. ' 5 , if the drainage connection is not constructed, operated or maintained in accordance with this permit, the permit may be suspended or revoked . In this event modification or removal of any portion of the drainage connection from the .Departments right of way shall be at the permittee's expense. ' 6 . The Department reserves the right to modify or remove the drainage connection to prevent damage or in conjunction with road improvements . ' 7. The permittee shall make no attempt to forbid the full and free use by the public of all navigable waters at or adjacent to the drainage connection. 8 : It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the Department's right, title, and interest in the land to be entered upon and used by the permittee , and the permittee will , at all times , assume all risk and indemnify, defend and save harmless the Departmentfrom and against all loss , damage,, cost or expense arising in any manner on account of the exercise or attempted exercises by said ' permittee of these rights and privileges , regardless of the respective degrees of fault of the parties . 9 . The er 'ttee shall notify the Department of Transportation Maintbrnance Office located at i'-'L e�� { ' Telephone (? 779.Af,5.730R 24 hours in advaAce of starting any work on the drainage connection authorized by this permit and also 24 hours prior to any work within the right of way. Construction of any work on the right of way shall be completed within days after such notification. If such work is not completed within days after such notification , the permittee shall notify the Department of the anticipated completion date . 10 . Utilities, including gas lines, may be located within the right of way. Prior to beginning work the permittee shall contact the Clerk of Circuit Court for the name , address and telephone number of any gas line owner who will ' provide information upon request on possible conflicts between the gas line and the permittee's drainage connection. The permittee shall also locate all utilities and obtain information from the utility owners as to possible conflicts between utilities and the drainage connection . The permittee shall be solely responsible for any damage ' to or conflicts with gas lines , utilities and/or third persons . 11 . The permit shall expire if construction on the drainage connection is not begun within one year of the date of approval and if construction on the drainage connection is not completed by ( Date) ' 12 . All the provisions of this permit shall be binding on any signee or successor in interest of theer ' p mittee. 03D P0 490 � FORM 592.13 ' ROADWAY DESIGN 10186 To be completed by the Applicant Pane 3 of 3 The above conditions are hereby accepted and agreed to this day of P\ h ,X Zp D 3 ' ( If this application is signed by a representative of the permittee, then a letter of authorization must be attached . ) ' Witnessed By: Applicant: Indian River un o y Jams W. s ., P . E . Vero . Beach 3296 Indian Ri Co tnt (MAILING AD RESS )( CI ) (ZIP) (MAILING ADDRESS) ' Witnessed By: 1840 25th Street . Veroachf FL 32960 Indian River ., :Coun y hero Beach , FL 32960 ( CITY)(STATE)(ZIP) ' (MAILING ADDRESS)(CITY)(STATE)(ZIP) To be completed by DOT The above request has been reviewed and has been found to meet the regulations as prescribed , and is hereby approved , subject to the following special conditions: ' tT00 M00100 ' Department of Transportation : / D So2. SIGNATURE) (TITW f' (DATE OF APPROVAL) ' To be completed by the Applicant i The above special conditions are hereby accepted and agreed to this day of Witnessed By: 'v17 � Applicant: l� . ' Indian River County Vero Beachs W.. FL 329 60 Davis , P . E . (MAILING AD RESS)( ) (ZIP) Indian River County Witnessed By: Indian River Coun Vero Beach , FL 32960 (MAILING ADD RESS)(CITY) (STATE) (ZIP) r Fraser Engin eenngand Tesfing, Inc. E . 3504 IndustrW 33rd Street ' FotPierce, Florida 34946 SUBSURFACE INVESTIGATION 4TH STREET WIDENING U . S . #1 TO 9TH COURT INDIAN RIVER COUNTY , FLORIDA W3 Dr Serving Indian River, St. Lucie Martin . , Palm Beach, and Okeechobee Counties Since 1971 ��'#'!•.i�l�+�'��T•fJ1UgS.R'R••A 4( . 4.rd•:L' .w, . .. ..s..i! v FRASER ENGINEERINGAND TESTING INC .' 3504 INDUSTRIAL 33rd STREET FORT PIERCE , FLORIDA 34946 FORT PIERCE 1407) 46 May 16 , 1994 VERO BEACH (407) 58 ti STUART 1407128 Indian River Count Department of Public Works Engineering Department ' 1840 25th Street Vero Beach , Florida 32960 ' Re : Subsurface Investigation Report for 4th Str Indian . River County , Florida eet Widening , Gentlemen : Enclosed are the results of our subsurface investigation for the above referenced project . The report includes the n for ' of our field investigation and our recommendations is Program was planned in conjunction with Keith and SchnarstEngineers Of Stuart , Florida . Their project number is 1641 . 01 . PROJECT DESCRIPTION - The project is located in Indian River . County acid co the widening of 4th Street from U . S . # 1 t resists of of approximately 2 , 100 feet . The existing two - laneroadwaywill be widened to four lanes . ' Highway , the widening will occurBonween bothUsideslofntd Old Dixie roadway * On the portion of the he existing widening will occur primarily topthe enorth sof o the lexistin � the roadway , We understand that the majorityg Y � be left in place and overlaid . as parte existing pavement will ' on pattern cracking of the asphalt , itof the project . Based roadway has a soil cement base . appears that the existing Drainage will consist of a swale/underorain system . FIELD INVESTIGATION ' Aucxer Borinvs Auger borings were taken - at generally 100 - foot intervals ' on alternating sides of the roadway between U . S . # 1 and Old SIL BORINGS CONCRETE , SOIL & ASPHALT TESTING FOUNDATION INVESTIGATIONS DeIndian River 0 •� Aartmnt r County Public Works Z - Dixie . 10 of The Hated et below eX ngs were to May I5 , 1994 and are noted ion number ga ade en The epths rangi A . A soil on the Bor . nd offset boring location from to is also incl d d a clas ,orl 9 tiofile sheets the pr° �e�t are desig_ Hxfiltration Tests on chart for he coPre ase d ed Bin Append Water M ed Profiles ix at0thr anagement station a locations Dist Usu indivi number an The test al OPen Ho le Presented lin A a sheets and from the t r us are desl were taken ' = SUBSURFACE CCN PPendix B , accompanying bo= Basel gne on by The DITIONS ing logs and the soil are Of the roadway ay Westcon West i and east of Old vary between With .no Old Dix • e . the xie the was bel P5 reciable a soils o Highway . Portions °w p silt/cine resist . as exhibited . from existing grade . ade content naatheY o f fine s red fi f Old Dixie A high exfWater tablenWa an ne sands the So . trgt1pn rate d/or claywith varyingZIs oasis fine was elor the gradeof he watertable• but mostly sl @ ilY of tested asOnably god Land a sting rad gnerall t am° ants sandSilt s Dark brown hi w as Con .at et e j f1 trat - -rate 4 feet . . 5 + 00 on ghly or two to toll 3 to 3 . 5 fboth sides otic soil ( Muck ) ns Firm sand t below the the aistinwas enou side of t e soils were road ' gra g road ntered and Wes 'road addition ,encounte de and isThe muck at statin encoun t °f Statin l ' red below l to 15 layer be n Confined tered at n 105 + 00 borings the feet t . gins fined to those to • Less were taken 2 On the hick . area was a small cations than b . en 25 fe north be in construe area . It indicati inches of et east ' worse condi ted above the aPPears tha g the Muck is was ` tion than the rod k � but does a roadway in kelt' away in general , aPPear to It r ' Fitis$R ENo ERA,O AND TE ►a. zmc 03I 9040035 ' - Indian River County Department of Public Works May 16 , 1994 Based on recent rainfall and our knowledgeOf the area in we would estimate the mately 1 . 5 feet above average wet season current levels . water table to be appr x ' CONCLUSIONS AND RECOMMENDATIONS aPProi - The soil conditions for construction Within the roadway the and construction methods proposed roadway suitable are suitable Of supportin The soils y using standard design soils throe h the anticipated at the site are g the roadway sec traffic loads transmitted , to y section . he Regarding the overly has been our experiencethat existing Present on 9 soil cement roadway ., the roadwayPattern cracking of the t Y ' it ' There are surface treatments Is Often transfers type now well eliminate eatments that ed Into the overlay • this that of should be considered cracking . that CLOSURE This report has been cepted engineerin prepared - in accordance Presented beret The Practices . The anal with generally ac _ exploration and laboratoAre ry on the data obtained and reco mmendations any such variations between testing • The nature from our field ' until during construction the borings and extent of be necessary If there gs may not become evident to evaluate the conditions a variations and recommend It may h trust this provides mmend a solution . thesre theProject ,u With the information Phase of required for port or �need additionalf you have an ' at your convenience . information y questsons about . please contact us Respectfully submitted , FRASER ENGINEERING AND TESTING ' . INC . ' aul H . anfort p Florida Reg . N 4 • DA/PHD : mm 653 Client - Keith & 1 Schnars - 2 i! ERASER ENGINEEMIG AM TEST!'NG, INC. i i r f c r ER BORING PROFILE TEST DATE: S o' a o' o' 1 f 1 5' ' S; 10' 10' 10' 0 / 7 "R 9500 / 9 'R 10' 9 6 fUU / 7 � 10' - a 98 CDU 8 R o, o' 5' 2 � 3 3 3 5, uw 5' / 5• 1o' 10' q q , 00 R 10' 7 / D/�00 / 3 - 10' R / 02 tUD - 1o' / 6 � /03 �pp �3R /O�f gyp 63 �, - � / 40 004 .oL .oL ,ot - bo/ AL i l .s ,.s is r 1 A .o AA �a! OS OOt $ O / �. GI QO4L�p / � . ?/, �S oof 90 /got 40L �;�,� Qp*SO/ got SO/ ,ot AL 40 , .S ' .4in . .5 so � �A , so ' A ,o A, b 6 : auLva 1S31 S31i � oHd IDNIH a3L C1NVH APPENDIX A CLASSIFICATION OF SOIL STRATA : • Y: l:j . r. hy ' }•r 'r} !: • ;.4rr .t?'•( t}'+/.-.Y . l f� 4. + . •. . :' ,\Y ',•ry ':',�':;j • ! ' � M1. ::Y},'}N:}J_ .At, } 4,. : :f: . . . r V .: r . Tr �iY•Yr �• ,,:.}Y•. t � .Y" ��ie`` t -. ; M1,a p: ; ` '• ::.Y't2:t'�Ap ^1L'\t?�\ref �•� ::;n''}';�:4.}.':?:,{?ii,}{ :Sk'}%tr{i?.4.� . . M'�•'i��.•; }��-'jry.',y -- . ;^Y�M1��'4v.::k?. :Y ' :in'• ' •fj: .. . {•. f/Y }�' ' � � %i•.i'iti?i? �;:tii':;: \{T:j2i?{�•rrr,� . ;,. . . . . .l::. � M:•:':+tf.Y:LS:. {!{•' '4ti•:ttY• 4K . v :f tY ; yy. . . :.r }v . 'S.:v ...x•. �f.€ati. • y.+,�tt; .: •ct � r; S '...�� `• �+. %:�.".>: . .}, X? •• . 'wiJ�fl.Y;.';: •;. ;,... J.,\i yr,�;` : ::} +t'> i4�^:�#�"f?F yjji�? • . ' .:J. r:�f:::S4?'lJI .Ti!^:A„A; •Y : r. ty VYJ:J� •r � :.���,1 Jy , . . Soil Descrti'on: Sol ... . . h .M14}%S•i:4?m}:?t �i};; ?YF6ff 4hf:i};?'• k -t, ? `SY: :J . :. .; t•� (y`_ f,s,::.�xRif.txt':�}�''r>fff:.,? ::�•:;f�}:f}t�':.;::: Description: Soil Description: Light to medium brown, gray, or Dark brown fine sand, slightly si ' orange fine sand. RY Medium brown fine sand, slightly silty. J 4• •'A''V . . .t : I . M• .Y� �'�{ • , h ? :} '• %<}'A-?t `• v; fir; a1t'•: • f, . •l:::.:.• .:4::4:•:i.Y.:.r.'t�ina..'s• x�tY;.:;a?Sv�a!Y+�kxk:w'S?•iG}o; �. } c t• '•.< •? �w . 'tr. 4 t; :. {„�:��'°? -'•. - ' �S � +trS}:v6F/i}.:titi:w•}l�t}.v:.w {:.:v 4:r J:v . .f �. � �:' %3' 'Fft v fr} t {f oil Description: . .Y :: K,V.? :AF•: r., .Y. . f' ,}(•A?{M1i}?VL{•'�}}.'{'%YJF:, r'J A?• V/} Soil Description: FF Soil Description: r Medium brown or gray fine sand, Medium brown fine sand slightly silty, slightly clayey, clayey. sand, silty, Light brown fine sand and shell fragments. Y" NO . . . . . . .:: . . . . • • �f ! Soil Description: ' Soil Description: Soil Description:~ Dark brown fine sand and organic silt (muck). FRASER ENGINEERING ' AND TESTING. INC, 3504 IVDU , STRIAL 33RD STREET FORT PIERCE. FLORIDA 34946 ' Re f°rt 3D4 .9t� � � � 3 � e HYDRAULIC CONDUCTIVITY Client: Indian River County Date : May 12 ,' 1994 f Contractor: Station 96 + 40 , 10 ' Left Site: ne 4th Street Widens of Baseli ' n River Keith and Schnars ProjectaNO , 1641 * 01nty E76*0:� :. . .: :. .. . 5•' l:: y: ! NATURAL GRADE (N.G. 1 WATER TABLE H , d ! 1 ► � 1 :K = 4 7rd(21 + 4H2D8 + H,d) K = HYDRAULIC CONDUCTIVITY 1 . 91 x10 - 3 : ' CFS/Fr. - FT. HEAD Q = "STABIIMD �s FLOW RATE 5 . 6 2 x10 - 2 ` CFS d = DIAMETER OF TEST HOLE 0 . 5 FEET H== DEPTH TO WATER TABLE * 6 . 0 FEET Da SATURATED HOLE DEPTH 0 . 0 FEET * Used for Calculations . Actual Water Table at Respectfully submitted, E INE RING AND TING, INC. Paul H. Danforth, P.E. ' Florida Registration No . 44653 PM =M90iiFr. c8 ' JUPrIFlt W4 746.7698 DELRAY OM 26561211 L L' � 1 . yr rUtsL1C WORXS BORING LOG - - - - - - DEPTH (Z) DESCRIPTION 0 Sand , medium orange , fine . 1 1 2 3 7 '7 . 0 ' . ' Sand , light gray , fine . 8 9 Boring Terminated at 10 . 01 . ' Water Table at - 8 . 51 . ' 10 10 . 0 ' (1) PENETRATION — BLOWS PER FOOT DESIGNATIONS BORING •at Sta . 96 + 40 , 10 ' Left of Baseline GROUNDWATER DATEDRILLED : 05 /12 / 94 JOB NO. : 94124 FRASER ENGINEERING AND TESTING, INC. L_ . FRASER ENGINEERING AND TESTING r 3304 INDUSTRIAL, 33RD s- FZr FORT PIERCE, FLORIDA RIDA 34%6INC. Report of HYDRAULIC CONDUCTIVITY Client: Indian River County Date : May 12 , 1994 Contractor: ' Station 104 + Site; 4th Street Widenin 40 , 63 Right of Baseline , in Bottom of Swale Keith and Schnars Project No . County Q NATURAL GRADE (N G.) /...:�:•:///. ///�/// H2 ' WATER TABLE � d i I D , K = 4Q K = HYDRAULIC CONDUC 1VM 2 . 15 x10 — 4 CFS/FI'. '- FT. HEAD ' Q = "STABILIZED° FLOW RAZE 1 . S 6 x10 — 3 CFS d = DIAMETER OF TEST HOLE' 0 . 5 FEET H,= DEPTH TO , WATER TABLE l , O FEET D,= SATURATED HOLE DEPTH' 4 . 0 •'' FEET - Respectfully submitted, ' ER GINEERING AND TESTING, INC. ' Paul H. Danforth, P.E. Florida Registration 53 gr.�®i-ao�o. 11 AM= (407) 746.769E DEUAY (407) 2654211 DEPT . OF PUBLIC WORKS 4TH , STREET WIDENING BORING LOG DEPTH (1 ) (2) DESCRIPTION 0 Sand medium brown , fine , slightly silty . ' 1 2 2 . 0 ' Sand , medium red/brown , fine , slightly silty . 3 4 4 . 0 ' ". Sand , medium brown , fine , slightly silty . 6 6. oO - - Boring - Terminated at 6 . 01 . Water Table at 1 . 0 ' . . { 4 8 9 10 }, (1) PENETRATION - BL.OW$ PERFOOT Std . 104 + 40 ,r 63 ;Right M DESIGNATIONS BORING of Baseline GROUNDWATER DATE DRILLED; _0 5 /12 / 9 4 ' JO D B NO. . - 94124 FRASER ENGINEERING AND TESTING, INC. FRASER ENGINEERING RING AND T 504 INDUSTRIAL, 33RD S`nUET FORT PIERCE. FL p�STING , INC. 34946 3 Report a of HYDRAULIC CONDUCTIVITY Client: Indian River County Contactor; Date: May 12 , 1994 Station 111 + 00 , 11 ' Right Site: 4th Street Widen in Of Baseline ' Keith and Schnars project IndianR * County 1641 . 01 : NATURAL GRADE (NG.) //00 ///-_... /// ' r WATER TABLE I Do Km 40 7Pd(2I4 + 4H)Ds + ' K = HYDRAULIC CONDUCTIVITY 2 . 14x10 - 4 : Q = 'STABuiZED'I FLOW RATECFS/FT. - FT. HEAD 3 . 97x10 ' 3 CFS d = DLAMETER OF TEST HOLE 0 . 5 Hr D '1.PM TO WA FEETTER TABLE 3 . 5 . rD== SATURATED HOLE DEp'1`/0 FEET 1 ' S FEET Respectfully submitted, SER GINEERING AND TING, INC. Paul $. Danforth, P.E. Florida Registration No. 3 2834711 '. P=CCE vw�ART arm 233-9o11 ' RTff R (4M 746.7698 DBLPAY (407) 26S.1Z11 DEPT . OF PUBLICvWORKS BORING LOG 4TH STREET WIDENING ' DEPTH (1 ) (2) i ° DESCRIPTION' Sand , medium brown , fine . �Y 1 03D X490 •: . t j � 2 liiiiiiiiiiiiiiiiiii2 • p Sand , medium gray , fine . ' 3 — 3 . 5 ' Sand , 4 light brown , fine . ' 4 . 5 ' ' Sand , dark brow' nill, f • 5 5 . 0 ' with surface or ine , panics . Sand , ' light brown , fine . 6 6 . 0 ' ' Boring - g Terminated at 6 . 0 ' . ' 7 Water Table at 8 9 10 ' (1) PENETRATION - BLOWS PER FOOT Station 111 + 00 , 11 ' (2) DESIGNATIONS BORING Right of Baseline ' = GROUND WATER DATE DRILLED; ._ 0 5 12 94 . JOB NO. : D - 94124 ' FRASE R ENGINFF.R TIVl, DEPARTMENT OF TRANSPORTATION . STATEMENT OF CONTIGUOUS INTEREST APPLICANT : Indian River County ' PROJECT NAME : Fourth Street told Die Highway to U. S . Highway No 1 ) PROJECT LOCATION : Vero Beach. Florida ' COUNTY : Indian River STATE ROAD NUMBER: 5 LEGAL DESCRIPTION OF THE PROPERTY OWNED BY APPLICANT : ' Fourth Street Right- of-Way from Old Dixie Highway to U. S . Highway No . 1 I CERTIFY THAT THE TOTAL CONTIGUOUS PROPERTY OWNED OR CONTROLLED IS AS DESCRIBED ABOVE, AS SHOWN ON THE PROJECT ' S CONSTRUCTION PLAN, AND AS FULLY DESCRIBED BY LEGAL DESCRIPTION IN THE SURVEY AND IN THE PROOF OF OWNERSHIP . SIGNED : ' DATE : NAME/TITLE : James W. Davis P . E . Public Works Director ' ADDRESS : Indian River Count 184 m 0 25 Street Vero Beach Florida 32960 WITNESSED BY : ' 1840 25t" Street Vero Beach Florida 32960 (Mailing Address) (City) ( State) (Zip) DEPARTMENT OF TRANSPORTATION AFFIDAVIT OF PROPERTY OWNERSHIP OR CONTROL In accordance with Rules of the Department of Transportation, Chapter 14- 86 . 004 (4) a; I, James W. Davis P . E. , who reside at Indian River County , certify that I own or control the following described property : ' Fourth Street Right-of--Way from Old Dude Highway to U. S. Highway No . 1 (4 SIGNED : �-'� r � � DATE : S?� Jam9sooW. Davis, P .E . Public Works Director - Indian River County WITNESSES : NAME : ADDRESS : Indian er County Vero Beach, FL 32960 c NAME : ��c•c� c � QN� _ ADDRESS : Indian River County Vero Beach, FL 32960 Sworn to d subscribed before me, this ` day of 2 0`� . ' 1, tai P"•• IQMBERUE T. PETERSON :ia. . . 4 g MY COMMISSION # CC 893827 Notary Public, State of Florida EXPIRES: December 9, 2003 Nj COmmiSS10II •Pf Bonded ThruNotary PublicUndeni tern y Expires . ENGINEER'S CERTIFICATION ' for DRAINAGE CONNECTION PERMITS ' Project Name Fourth Street (Old Dixie Highway to U . S . Highway No . 1 ) Project Location Vero Beach , Florida County Indian River State Road Number 5 Applicant' s Name Indian River County ' In accordance with Florida Administrative Code ( F .A. C . ) Rule 14-86 , Drainage Connections , I hereby certify that the following requirements have been or will be ' met. 14-86 . 003 (3) (a) 3 : The quality of water conveyed by the connection ' meets all applicable water quality standards or minimum design and performance standards . 14-86 . 004 (4) (g) : The complete set of plans and computations comply with 1914-86 . 003 (3) (a) , or ❑ 14-86 . 003 (3) (b) (check one) I further certify that a National Pollutant Discharge Elimination System ( NPDES) permit for stormwater discharges associated with industrial activity from construction sites . ® is required , ❑ is not required . (Check one) I am aware that there are significant penalties for submitting false information , including the possibility of fines and imprisonment. This certification shall remain valid for any subsequent revision or submittal of plans , computations or other project documents . Signature _ K . Name ( typed) James R . Chapman , P . E . Keith and Schnars , P .A. 900 East Ocean Blvd . , Suite 340- E - AFFIX SEAL - Stuart, FL 34994 (772) 287-2626 ' Date . © District staff to forward a completed copy to the District NPDES Coordinator E D `490 � � � - L,( .�tiv y `� Y 'y t�b , '•�' i rt3� ` -c+" ,�. • t 6vr..�2!"?,.s'i '" .� n� t � .� pr '.c .�2"`mi`+' � �'v ...: ta: � �"Yw��y �` �x � e♦ ' v,. ^ s. "� ��. T '..ii Vwr "L1. s£- �J•r�lbmaf t a tin 3 ^( i 4i c, `y i �. J a 'JZ' ` ^+ �`+�, C wRi�."�� �r7� 3 e+,c'�wE s-Y r� � S'i�..q .,+.;y .^s�"c'a c ^�� 'c,�a� � � �r �� s+ � s T 5- rG 5 �,.�r, 3x ,� ..s Ys � '� •t � a .:,r t ,•t�vy q . St vi" - r' t ,+r 5 'a :`°' `:91 ,�� �^C.J +I o;Atl3v *. r . . ; ''�"'Ky 4 < � S 'S.x s ,« ..+. ti q i. t a 1 , . � • — 1 • • • • 1 1 . • 1 — I • — N : 11 1 1 • j k � : a� 1 • • ♦ ' 1 � I . � I • � 1 iE3 Dt da ! 3� Y I • • • I • • • • / • • • A . / Oak r • r'�F, � • • / • • rl L� � tom • t vc.e C� � � 39$n :RT..♦ 'lam'.. h� rr8, s �� e'��"�^� �- ==a�^�., ti.,-✓c `'�'�." .ri" T.�. '� �`-�_ �,-"•t sct'b '��-� T�. 3 +U�+.. �._ye. yq `x. . R'L:> r C tee^ .�''� «. � v3;:�`w+.. ,,yy�x��? 2"�3'£„ :�`iw"-^,{ ��+fi� �+'� . r;.. ?3 "$""a s=-t#�`♦'9 sxC�Fi`' �T�-:ai a 'k`"` '.e�y��„ �' j� � �Y �t - `x R,Mr '4 _. y �L}r,;`Ad'rr 3. `••3i { y.¢e y-cl.i4it ' cy ^A�, � Y� .mi.'11't'�,"��i�ti�x�� `ty'.S yt. r'��L�e "�awa'u� e .� .n�. b �7 7 '^au�sc� .i ,.:a.Xt •'7:T= ai.. � h>.,. �-;-3+ ?- i Y`�_.. �-... �' r-n� ` tf^ � w.k w � �''` � � � tir �" _.. .,ya x -. �- . . .. '� '-*Y? hi✓,- ? -,-m ..,: st `'•c -R,2 *3 '.*.. '+ �'^ �� .z:�'."".rir^)il, '♦;`',���'zi k`v'$ Y �ub��'}y u�.r�_i�' s�`,-G.'vi�f' , v.:. >:. r` �i't+�-ra+- "`3.�vwiF*,�.Y-1:`��i -*'s-��3 .y�'. .' �vhi�vg». .'. x`i�i.) �� - � �'� r �'.� t .�. .:k"4` ,n =�:;i tir: -' .a.3- ''t '.b.Y' -w,3 �` su..r: �yVL,�v�r*� r>ufY,�?`� ^x;,:.w��mar ��cEF"��t�".w���"�`.=..( "� z - . �'i':�t'��`-�xS +�Wu�' y,yy�>q,�"Y...� s aFC`,'`�i 'zate�✓``v �� y 'at Y�4`-3YL°�.�+"t7'�' Y � •C � �32: .fe,, . � ' - "tox. s,. 'tisXzsx - ..,.iyy .c 'i-���,��' `•3.et��✓n s m.- .'F--.�S. +�3 .�a sY, t,t+1..rS a -w - :s Y x'o . ..� n. a .;5 . . ti t t: � '♦2 ; ate.-K`��'� You may be required by Florida Statutes to file a Notice of Intent to Proceed (NOI) with the Florida DEP for the work on this site . If so , you are also required to submit a A& ' copy of the NOI and the Notice of Termination (NOT) to Clark D . Turberville, RE District NPDES -MS4 Engineer 3400 West Commercial Blvd. $ Fort Lauderdale, FL 33309 - 3421 �� y 954 . 777 . 43 77 OR teeINI rYy'�, N Bobbi Spitzkopf IDistrict NPDES -MS4 Coordinator 3400 West Commercial Blvd . 'Fort Lauderdale, FL 33309 - 3421 954 . 777 . 4221 1 / I I dfi r then you submit your plan to the Permits Office for per F ` xw , tyv3KK` s it review and approval, you should also include your ya , Storm Water Pollution Prevention Plan ( SWPPP) . Please °t assist us in reducing erosion and sedimentation impacts , d I.� I T.A01 �to the state road storm sewer systems . ' Consider using pervious pavement, brick pavers, or no pavement at all on all on- site proposed paved areas . Could this result inAtr 41- ' greater functional use of the property considering storm water " t run-off requirements ? ' mak_ r1✓ 3v &d Y' �R - ay u �+ 41, ik '`vww �rn��,�k"• � � x� F,. r}e c't � a� i ;fin ..yy x '✓ °`a ear r v "; -"' Y- x Henry Dean, Executive Director F John R. Wehle, Assistant Executive Director LOU M POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904-329-4500 SUNCOM 904.860-4500 TDD 904-329-4450 TDD SUNCOM 860-4450 WATER FAX (Executive) 329-4125 (Legal) 329-4485 (Permitting) 329-4315 (Administration/Finanee) 329-4508 SERVICE CENTERS MANAGEMENT 618 E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: 13 1 STR 1 CT Orlando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407-897-4300 Jacksonville, Florida 32256 Melbourne, Florida 32904 Melbourne, Florida 32935-8109 TDD 407-897-5960 904-730-6270 407-984-4940 407-752.3100 ' TDD 904-448-7900 TDD 407-722-5368 TDD8t#4 �I&UTION •LIS September 19 , 2000 Commissioners RECEIVED Administrator . ' Indian River County SEP 2 0 200p Attorney. 1840 25th St Personnel Vero Beach , FL 32960 BOARD OF COUNTY Public works ' COMMISSION Community Dev. SUBJECT : Permit Number 40-061 -51779- 1 utilities ' 4th Street Widening Finance . Dear Sir/Madam : Emerg , Serv. ' Enclosed is your general permit as authorized by the staff of the St . Johns River Water Risk Mgt .Dther� Management District on September 19 , 2000 . Flo capie5 ' This permit is a legal document and should be 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 ' conditions which require submittal of additional information . All information submitted as 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 advising the 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 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 . 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. ' William Kerr, CHAIRMAN Ometrias D . Long , VICE CHAIRMAN Jeff K. Jennings, SECRETARY Duane Ottenstroer, TREASURER MELBOURNE BEACH APOPKA MAITLAND SWITZERLAND Dan Roach William M . Segal Otis Mason Clay Albright Reid Hughes FERNANDINA BEACH MAITLAND ST. AUGUSTINE EAST LAKE WEIR DAYTONA BEACH 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 , Ae4 ' Martha L 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 . Mr Donald E Holloman ' 101 S . W. Flagler Ave Stuart , FL 34994 ' ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka , Florida 32178-1429 ' PERMIT NO . 40-061 -51779- 1 DATE lSSUED :September 19 , 2000 PROJECT NAME : 4th Street Widening ' A PERMIT AUTHORIZING : Construction and operation of a surface water management system to serve the widening of 4th Street from 9th Court to US Highway 1 in Indian River County. ' LOCATION : Section (s) : 13 Township ( s) : 33S Range ( s) : 39E ' Indian River County ISSUED TO : ' Indian River County 1840 25th St Vero Beach , FL 32960 ' Permittee agrees to hold old and save the St . Johns River Water Management District and its successors harmless from any and all 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 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 A " , dated September 19 , 2000 AUTHORIZED BY : St . Johns River Water Management District ' Department of Resource Management By : ( rvice nter Director - Mel . Res . Management) ' John E Juilianna " EXHIBIT A " CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061 -51779-1 ' INDIAN RIVER COUNTY DATED SEPTEMBER 19 , 2000 1 . All activities shall be implemented as set forth in the plans , specifications 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 . This permit 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 the guidelines and 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 ' 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 . 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 , 50C-4 . 900 (4 ) . These forms shall be submitted during June of each year. 8 , For those systems which will be operated or maintained Y p by and 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 . 1 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 restrictions , 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 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 appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system . 9 . 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 . ' 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 . 181 ( 13) or 40C- 1 . 181 ( 14 ) 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 ' 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 y ' (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 underdram 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 , final grades , or cross -sections of the system to 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 ' 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 40C-40 , 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 an 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 40C- 1 . 612 , F.A . C . The ' permittee transferring the permit shall remain liable for any corrective actions that may be 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 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 an archaeological artifacts are discovered at 9 y time on the project site , ' the permittee shall immediately notify the District . r - r 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 . At a minimum , all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities . To prevent reduction in storage volume and percolation rates , all accumulated sediment must be removed from the storage area prior to final grading and stabilization . 1 22 , 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 . 23 , The operation and Maintenance entity shall submit inspection reports to the District two years after the operation phase permit becomes effective and every two years thereafter ' on District Form EN -46 . The inspection form must be signed and sealed by an appropriate registered professional . ' 24 , The proposed surface water management system must be constructed and operated in accordance with the plans received by the District on January 26 , 2000 , and ' as amended by Sheets 8 , 21 and 22 received by the District on August 23 , 2000 and by Sheet 9 received by the District on September 14 , 2000 , 1 r 1 1 1 1 1 1 ' Notice Of Rights 1 . A person whose substantial interests are or may be determined has the right to request an 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 mail (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 9Pursuant to Section 120 . 569 and 120 , 57( l ) , 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 . 3011 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 . ' Notice Of Rights 8 . 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 ( 1 0 ) ( 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 ( 1 0 ) ( 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 . A parry to the proceeding before the District who claims that a District order is inconsistent 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 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 . 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 : Indian River County 1840 25th St Vero Beach , FL 32960 ' at 4 : 00 p . m . this 19th day of September, 2000 . ' Division of Permif to Services Gloria Lewis , Director St. Johns River Water Management District Post Office Box 1429 Palatka , FL 32178- 1429 ' ( 904) 329-4152 ' Permit Number: 40-061 -51779- 1 John R. Wehk Asslstarlt EXOMM a Dhactor roti POST OFFICE BOX 1429 PALATKA, FLORIDA 3217&1429 TELEPHONE 904.3294600 1-BOD451 .7106 SUNCOM 9048604500 WATER TDD 9°4.329.445° TDD SUNCOM 660-4450 FAX (Executive) 329.4125 (Legaq 329.4485 (Penn"ng) 329.4315 (Administration Bance) 3294506 SERVICE CENTERS MANAGEMENT 818 E. South Street 7775 Baymndom Way PERMITTING: OPERATIONS: DISTRICT O Undo. Florida 32801 Sud. 102 3D5 Eat Drina 2133 N. Wbftm Rod 407-09743DO JaclaaMe. Florida 32258 MORWAne. Florida 32M MaBaurrr, Florida 3211354108 1.077-228.1858 9047304127° 407-9944910 407-7523100 FAX 407.897-4354 1.80°-852.1583 14X*-295.3261 TDD 407-7523102 TDD 407387.5980 FAX 904730.8287 FAX 4W-722-8357 TDD 904448.71100 TDD 407-722-5388 Holders of General Permits Dear Permittee : Please be advised that the District has not published a notice in the newspaper advising the 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 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 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 affected area. A copy of the form of the notice and a list of newspapers of general circulation , usually used by the District , is attached for your use , however, you do not have to use ' only those newspapers listed . This publication need only occur once . Once the notice is published , the newspaper will return to you an affidavit as proof of publication . To complete your file with the District, submit this original affidavit of publication to : ' Gloria Lewis , Director Division of Permit Data Services P . O . Box 1429 ' Palatka, FL 32178- 1429 Enclosed is a sample package used for newspaper noticing by the District. The package includes : *Page 2 - A copy of an example notice that District staff uses is included to provide guidance on the language to be used in the notice. This language satisfies the legal requirements for noticing . *Page 3 - A copy of a sample notice to be published is also included . Complete this form with your permit information and submit to a newspaper of general circulation . * Page 4 - The name , address , telephone number and facsimile for newspapers of general circulation are provided . This is the newspaper typically used by the District to advertise permits that are issued by the Governing Board . ' If I can be of further assistance , please contact me at (904) 329-4235 or Mary McKinney 329- 4400 . Y at ( 904) Sincerely, a ewis , irector Division of Permit Data Services �� + + Ometrias D. Long, VICE CHAIRMAN Jest K. Jennings, SECRETARY Duane Ottenstroer, TREAsuRER s of General Permits APOPXA MAMAND D Roach William M . Segal OUS Mason nClay Albright Reid Hughes SSWITZERLANDANoINAeEAci1 MAItt1wD ST. AUOI15TM EAST LAID: WEIR DAYTONA BEACH - EXAMPLE FORM - NOTICE OF AGENCY ACTION TAKEN BY THE ST , JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on 11 /27/95 : ' ACME HOMES CO . , INC . , 1201 W . 15th Street , Palatka , FL 32177 permit # 4 - p 2 107- 0001 . The project is located in Putnam County Section ' 23 , Township 07 South , Range 34 East. The permit authorizes A SURFACE MANAGEMENT SYSTEM ON 20 ACRES TO SERVE A SINGLE - FAMILY RESIDENTIAL SUBDIVISION known as Blue Meadows . The receiving waterbody is ST. JOHNS RIVER . rThe file (s) containing the application for the above listedpermit or inspection Monday through Friday except for legal holidays , 8 : 00 a . m I to 5 : 00 p . m .s available at ' the St . Johns River Water Management District ( District) Headquarters , 4049 Reid Street , Palatka , FL 32178- 1429 . A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120 . 569 and 120 . 57 , Florida Statutes , or may choose to pursue mediation as an alternative remedy under section 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement . The procedures for pursuing mediation are set forth in section 120 . 573 , Florida Statutes , and rules 28- 106 . 111 and 28 - 106 . 401 - . 404 Florida Administrative Code . Petitions must comply with the requirements of Florida Administrative Code Chapter 28- 106 and be filed with ( received by) the District Clerk located at District Headquarters , Highway 100 West, Palatka , FL 32177 . Petitions for administrative hearing on the above application (s) must be filed within twenty-one (21 ) days of publication of this notice or within twenty- six (26) days of the District depositing notice of this intent in the mail for those persons to whom the District mails actual notice . Failure to file a petition within this time period shall constitute a waiver of any right (s) such person ( s) may have to request an administrative determination ( hearing) under sections 120 . 569 and 120 . 57 , F . S . , ' concerning the subject permit . Petitions that are not filed in accordance with the above provisions are subject to dismissal . ' Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means that the District's final action may be different from the position taken by it in this notice of intent . Persons whose substantial interests will ' be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding , in accordance with the requirements set forth above . Revised May 15, 2000 2 ' H:/pds/data/Holders of General Permits NOTICE OF AGENCY ACTION TAKEN BY THE ST . JOHNS RIVER WATER MANAGEMENT DISTRICT ' Notice is given that the following permit was issued on permit # . The project is located in Section , Township angeCounty, authorizes A SURFACE WATER MANAGEMENT SYSTEM ON East. The permit ' SERVE _—_____ ACRES TO known as The receiving water body is The file (s) containing the application for the P above listed permit is available for inspection Monday through Friday except for legal holidays, 8 : 00 a . m . to 5 : 00 p . m . at the St . Johns River Water Management District ( District) Headquarters , 4049 Reid Street , Palatka , FL 32178 - 1429 . A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120 . 569 and 120 . 57 , Florida Statutes , or may choose to pursue mediation as an alternative remedy under section 120 . 573 , Florida Statutes , before the deadline for filing a petition . Choosing mediation will not adversely affect ' the right to a hearing if mediation does not result in a settlement . The procedures for pursuing mediation are set forth in section 120 . 573 , Florida Statutes , and rules 28- 106 . 111 and 28- 106 . 401 - . 404 Florida Administrative Code . Petitions must ..comply ' with the requirements of Florida Administrative Code Chapter 28 - 106 and be filed with ( received by) the District Clerk located at District Headquarters , Highway 100 West , Palatka, FL 32177. Petitions for administrative hearing on the above application (s) must be filed within twenty-one (21 ) days of publication of this notice or within twenty- six (26) days of the District depositing notice of this intent in the mail for those persons to whom the District mails actual notice . Failure to file a petition within this time period shall constitute a waiver of an right (s) Y such person (s) may have to request an administrative determination (hearing) under sections 120 . 569 and 120 . 57, F . S . , concerning the subject permit . Petitions that are not filed in accordance with the ' above provisions are subject to dismissal . ' Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means that the District's final action may be different from the position taken by it in this notice of intent . Persons whose substantial interests will ' be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding , in accordance with the requirements set forth above . Revised May 15, 2000 3 ' H:/pds/data/Holders of General Permits ' NEWSPAPER u : mA OSCEOLA A'DVERTIS044 ,> P . 0. Box 2831 Little Sentinel ' Daytona Beach, FL 32115 ALACHUA Legal Advertising The Alachua County Record 904-252- 1511 /fax 904-252-6735 P. O. Box 2833 Legal Advertising INDIAN RIVER Orlando , FL 32802 P. O. Box 806 Vero Beach Press Journal Gainesville , FL 32603 Legal Advertising . 407420-5160/fax 407-420-5011 P. O. Box 1268 POLK 352-377-2444/fax 352-338- 1986 Lakeland Ledger Publishing Co. BAKER Vero Beach , FL 32960 Legal Advertising ' Baker County Press 561 -562-2611 /fax 561 -978-2366 P . O. Box 408 Legal Advertising LAKE Lakeland, FL 33802 P. O. Box 598 Daily Commercial ' Legal Advertising PUTNAM Macienny, FL 32063 Palatka Daily News 904-259-2499/fax 904-259-6502 P . O . Drawer 7 Legal Advertising ' Leesburg, FL 34748 BRADFORD P . O. Box 777 Bradford County Telegraph 352-787-0902/fax 352-365-1951 Palatka, FL 32178 Legal Advertising MARION Ocala Star Banner, Legal Advertising 90P. 0. Drawer A 4312-5200/fax 904-312-6664 PO. Box 490 ST. JOHNS P .' Starke, FL 32901 St. Augustine Recordw, 904-964-6305/fax 904-9648628 Ocala, FL 32670 Legal Advertising ' BREVARD 352-867-4010/fax 352-8671114126 P. O. Box 1603 Florida Today, Tegal Advertising IIINASSAU St. Augustine, FL 32084 P . O. Box 363000 News-Leader, Legal Advertising ' 511 Ash Street 904829-6566/fax 904829-6664 Melbourne, FL 32936 Fernandina Beach, FL 32034 SEMINOLE 407-242-3500/fax 407-242-6618 Sanford Herald ' CLAY 904-261 -3696/fax 904-261 -3698 Legal Advertising Clay Today, Legal Advertising OKEECHOBEE 300 North French Avenue P . 0 . Box 1209 Okeechobee News ' Sanford, FL 32711 , Orange Park, FL 32073 Legal Advertising 904-269-6033/fax 904-242-6618 P . O. Box 638 407-322-2611 /fax 407-323-9408 ' Okeechobee, FL 33472 VOLUS/A DUVAL News Journal Corporation Florida Times Union ORANGE Legal Advertising ' Legal Advertising Sentinel Communications P. O . Box 1494-4 Legal Advertising P. O. Bax 2831 Jacksonville, FL 32231 P . O . Box 2833 Daytona Beach , FL 32120 ' 904359-4321 /fax 904-359-4180 Orlando, FL 32802 904-252- 1511 /fax 504-255-6735 FLAGLER 407-420-5160/fax 407-420-5011 ' Flagler Tribune , c/o News Journal Revised May 15, 2000 4 H:/pds/data/Holders of General Permits Holders of General Permits ' Dear Permittee : Please be advised that the District has not published a notice in the newspaper advising the 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 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 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 affected area . A copy of the form of the notice and a list of newspapers of general circulation , usually used by the District , is attached for your use , however, you do not have to use only those newspapers listed . This publication need only occur once . Once the notice is published , the newspaper will return to you an affidavit as proof of publication . To complete your file with the District, submit this original affidavit of publication to : Gloria Lewis , Director Division of Permit Data Services P . O . Box 1429 Palatka, FL 32178- 1429 Enclosed is a sample package used for newspaper noticing by the District. The package includes : ' " Page 2 - A copy of an example notice that District staff P uses is included to provide guidance on the language to be used in the notice. This ' *Planguage satisfies the legal requirements for noticing . age 3 - A copy of a sample notice to be published is also included . Complete this form with your permit information and submit to a newspaper of general circulation . " Page 4 - The name , address , telephone number and facsimile for newspapers of general circulation are provided . This is the newspaper typically used by the District to advertise permits that are issued by the ' Governing Board . If I can be of further assistance , please contact me at (904) 329-4235 or Mary McKinney at ( 904) 329- 44000 Sincerely, ' c L a ewis , ire ctor�� Division of Permit Data Services Revised May 15, 2000 IrH:/pds/data/Holders of General Permits