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2006-265
�cc� lic �IorkS INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM E i 4 TO : Joseph A . Baird , County Administrator RECEIVED THROUGH : James W . Davis , P . E. , Public Works Direct Terry B . Rauth , P. E . , Capital Projects Manage AUG I° 6 2006 FROM : Janet B . Dunlap, P . E. , Project Engineer CW COUNTY ATTORNEY'S SUBJECT: Bid Award and Contract Agreement for IRC Bid No. 2006079 OFFICE Project No. 9701 Roadway Improvements to SR AIA and CR 510 DATE : July 7 , 2006 DESCRIPTION AND CONDITIONS The Bid Opening for the Roadway Improvements to SR AIA and CR 510 was July 7, 2006 . Vendors and Contractors picked up six (6) sets of Contract Documents and Specifications. Two (2) bids were received . Attached is the Bid Tabulation. Corrected bid totals are as follows: Contractor Bid Total Corrected Bid Total Timothy Rose Contracting $ 21462 , 977 . 15 $ 2,4621976.55 Ranger Construction $ 31196 ,406 . 00 $ 3, 195 , 866 .00 The Consultant's, Kimley- Horn and Associates, Inc. , pre-bid estimate of probable construction cost for Roadway was $ 13991 ,427. 00. RECOMMENDATIONS AND FUNDING Staff recommends that the bid be awarded to Timothy Rose Contracting . In addition , staff requests authorization for the Chairman to sign the Contract Agreement after they have been executed by the Contractor, with all the required insurance and recorded bonds and upon review and approval as to form by the County Attorney. The Sample Contract Agreement was included as part of the IRC Bid No 2006079 and is attached for review. The County reserves the right to divide the project into one ( 1 ) or more phases . Separate notices to proceed will be given to one ( 1 ) or more phases of the project, thus scope can be reduced to fit within the budget. Funding is from the following accounts : Roadway 10115141 066510 02022 $ 29462,976.55 ATTACHMENTS Bid Tabulation Corporations Online Printout Sample Contract Agreement DISTRIBUTION Jason Brown , Manager, IRC Budget and Management Office Jerry Davis , IRC Purchasing Manager Brian Good , P . E . , Kimley- Horn and Associates , Inc. Timothy Rose , Timothy Rose Contracting FAPublic Works\Capital Projects\SR AIA & CR 510 Turn Lanes—IRC-9701\BID DOCUMENTS 2006079\AwarM701 Bid Aw=_id Agn 2006079.600 365 Bid Award for IRC Bid No. 2006079 Project No. 9701 Roadway Improvements to SR Al A and CR 510 Page 2 APPROVED AGENDA ITEM d Date Administration FOR : July 11 , 2006 Budget k 7 11,1% Legal -td—e 1 Risk Management d! L . BY. rJ�t 7�G Public Works Capital Projects Jr Project Engineer �J}� 7 FAPubik Works\Capital Projects\SR A1A & CR 510 Turn LanesIRC-9701\BID DOCUMENTS 20060791Award\9701 Bid Award Agn 2006079.doc 366 BOARD OF COUNTY COMMISSIONERS � gtyE/l r r c z July 18 , 2006 VIA OVERNIGHT DELIVERY Mr. Timothy Rose Timothy Rose Contracting 1360 SW Old Dixie Hwy #106 Vero Beach , FL 32962 NOTICE OF AWARD Reference : Indian River County Bid # 2006079 Roadway Improvements to SR AIA and CR 510 Dear Mr. Rose, I am pleased to inform you that on July 19 , 2006, the Board of County Commissioners awarded the above referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1 . Performance Bond in the amount of 125 % of the contract amount. ($3 ,078 ,720.69) 2 . Payment Bond in the amount of 100 % of the contract amount. ($2,462,976 . 55) 3 . Certificate of Insurance must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. 4. Agreement, execute the enclosed two (2) copies . In accordance with section 255 .05 ( 1)(a), Florida Statutes, you are required to execute a Performance Bond and a Payment Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to this office at the address provided below no later than August 2, 2006. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. Please execute both copies of the agreement and return them together with the required bonds and Certificate of Insurance to me. Thank you for your prompt attention and if you have any questions , please do not hesitate to contact our office. Sincerely, Jerry Davis , Purchasing Manager cc : Janet Dunlap P.E. , Capital Projects General Services Department * Purchasing Division 1840 25'" Street, Vero Beach, Florida 32960• (772) 567 -8000 Ext. 14169Fax : (772) 770-5140 E-mail: purchasing @ircgov.com � RtvFR .� PUBLIC WORKS DEPARTMENT • CAPITAL PROJECTS DIVISION z � 184025 1h Vero Beach, Florida 32960 • Telephone : (772) 226- 1384 •Fax : (772) 226- 1988 �LOR10P July 26, 2006 Timothy Rose Contracting, Inc . 1360 SW Old Dixie Hwy # 106 Vero Beach, FL 32962 Project: Roadway Improvements to SR Al and CR 510 — Bonding Requirements Bid 2006079 IRC Project: No. 9701 Contract Amount : $21462 ,976.55 As set forth in the Contract Documents, the County wishes to proceed with the following projects listed below : $ 825576.95 Pebble Beach Villas (Right) Tum Lane Improvements $ 115,296 . 35 Vera Cruz (Right) Tum Lane Improvements $ 120,815 .35 CR 510/Wabasso Island Lane (Right) Tum Lane Improvements $ 13,478 . 15 CR 510 Signing and Marking Improvements $459,925 .26 CR 510 Bi-Directional Turn Lane improvements $792,092 . 06 TOTAL Please revise the bonding amount from the original Letter of Award to reflect the following before the applicable County department can issue a "Notice to Proceed" letter: 1 . Performance Bond in the amount of 125% of ($990, 115 . 08) 2 . Pavment Bond in the amount of 100 % of ($ 792,092 .06) 3 . Certificate of Insurance, must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. 4. Agreement, execute the enclosed two (2) copies. At the time that the County wishes to proceed with more projects, the bonding capacity will be required to increase by that amount but never to exceed the original awarded amount of $2,462,976 . 55 . Once projects are certified as complete, the bonding requirement can be reduced by that amount. Sincerely, Janet B . Dunlap, P .E. Project Engineer cc : Bill DeBraal, IRC Asst. County Attorney Jerry Davis, IRC Purchasing Manager Jason Brown, IRC Budget Director F:\Public Works\Capital Projects\SR AIA & CR 5 t0 Turn Lanes_IRC-9701 \13ID DOCUMENTS 2006079\Award\9701 Bonding Requirements 2006079a.doc CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ROADWAY IMPROVEMENTS TO SR AIA AND CR 510 BID NO. 2006079 l PROJECT NO, 9701 J PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ARTHUR R . NEUBERGER , CHAIRMAN WESLEY S . DAVIS , VICE CHAIRMAN THOMAS S . LOWTHER , COMMISSIONER GARY C . WHEELER , COMMISSIONER J SANDRA L. BOWDEN , COMMISSIONER JOSEPH A. BAIRD , COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT WILLIAM G . COLLINS II , ESQ . , COUNTY ATTORNEY TERRY B. RAUTH , P. E. , CAPITAL PROJECTS MANAGER JANET B. DUNLAP , P . E. , PROJECT ENGINEER KRALEY-HORN ASSOCIATES , INC . 601 216` STREET, SUITE 400 VERO BEACH, FLORIDA 32960 J J 00001 Cover Sheet 2006079.doc 00001 - 1 F\Publlc Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701\DID DOCUMENTS 2006079\00001 Cover Sheet 2006079.doe Rev. 05/01 TABLE OF CONTENTS DIVISION 0 BIDDING REQUIREMENTS , CONTRACT FORMS AND CONDITIONS OF CONTRACT Section Title Section Number Advertisement for Bids 00100 Instructions to Bidders 00200 J Bid Package Bid Form 00310 Bid Bond 00430 Public Entity Crimes Affidavit 00450 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 Contract Forms Notice of Award 00510 Agreement 00520 Performance Bond 00610 Payment Bond 00612 Sample Certificate of Liability Insurance 00620 J Contractor's Application for Payment 00622 Certificate of Substantial Completion 00630 Contractor's Final Certification of the Work 00632 JProfessional Surveyor and Mapper's Certification 00634 General Conditions 00700 Supplementary Conditions 00800 DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS APPENDIX "A" PERMITS 00010 — Table of Contents F1Public Works\Capital Projects\SR AtA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\00010 - Table of Contents (Capital Projects) .doc D SECTION 00100 - Advertisement for Bids D BOARD OF COUNTY COMMISSIONERS 184025TH Street, Vero Beach, Florida 32960 D � gIVER D 2 D ADVERTISEMENT FOR BIDS J INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 :00 PM on Friday, July 7, 2006. 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 " Roadway Improvements to SR AIA and CR 510 , Bid 2006079". Bids mailed in should be addressed to Purchasing Division , 1840 25th Street, Vero Beach , Florida 32960. Bid hand delivered should be delivered to 2525 ST. Lucie Avenue , Vero Beach , Florida 32960 . All bids 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. 9701 INDIAN RIVER COUNTY BID NO. 2006079 PROJECT DESCRIPTION: Roadway Improvements to SR Al A and CR 510 including Right Turn Lanes and Bi-Directional Turn Lanes DAll 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 Projects Division , 2nd Floor County Administration Building , 1840 25th Street, Vero Beach, Florida 32960 , (772) 226- 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 i do business in the State of Florida, in the sum of not less than Five Percent (5%) of the total Jamount 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 Bond and Payment Bond . If he fails to do so , he shall forfeit the said bid Bond as liquidated damages . Please note that the questionnaire must be filled out completely including the financial statement. 00100 - Advertisement for Bids 2006079.doc 00100 - 1 F:\Pubbc WorkskCapital Projects\SR AIA & CR 510 Turn Lanes_ERC-9701\BID DOCUMENTS 2006079\00100 - Advertisement for Bids 2006079.doc U u The County reserves the right to delay awarding of the Contract for a period of sixty 60 days after the bid opening , to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida . The County will not reimburse any Bidder for bid preparation costs. A Pre-Bid Conference will be held on June 7 , 2006 at 10: 00 AM , 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. The County reserves the right to divide the project into one ( 1 ) or more phases. The County intends to award the contract to one ( 1 ) bidder, however, separate notices to proceed may be given to one ( 1 ) or more phases of the project. INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager JI For Publication in the Vero Beach Press Journal Date: May 31 , 2006 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1840 25th Street Vero Beach , FL 32960 00100 - Advertisement for Bids 2006079.doc 00100 - 2 F TubUc Works\Capital Projects\SR AIA & CR 510 Tum Lanes_IRC-970ABBJ DOCUMENTS 2006079\00100 - Advertisement for Bids 2006079.Am D D SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title Page DARTICLE 1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 - QUALIFICATIONS OF BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . o . . . . . . . . o . . . . . . . . . 3 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 ARTICLE 5 - PRE-BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 6 ARTICLE 8 - BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 9 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 J ARTICLE 15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 17 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 19 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 21 - SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 00200 - Instructions to Bidders.doc 00200 - 1 - F:\Public Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\00200 - Instructions to Bidders.doc D SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Contracts to be Assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Copiesof Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data, and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretationsand Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 JLiquidated Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Partnering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Pre-Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Retainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 lSales and Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 JSigning of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors, Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or "Or-Equal' Items . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to Bidders.doc 00200 - 2 FAPublic Works\Capital Projects\SR AtA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\00200 - Instructions to Bidders.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 .01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER . B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 .01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 1 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. J 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.doc JI 00200 - 3 F\Public Works\Capital Projects\SR AtA & CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00200 - Instructions to Boders.doc Rev. 05/01 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4 . 01 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4. 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations , opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished J to OWNER and ENGINEER by OWNERS of such Underground Facilities , including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a 1 Hazardous Environmental Condition identified at .the Site , if any, that ENGINEER has used in Jl 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.doc 00200 - 4 F:\Public Works\Capital Projects\SR AtA 8 CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00200 - Instructions to Bidders.doc Rev. 05/01 the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at J 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 (Janet Dunlap , P . E. , (772) 226- 1510) , OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a 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 [This paragraph has been deleted intentionally] 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 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; J( 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 J 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, 1 explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H . correlate the information known to Bidder, information and observations obtained from JJJI 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; J 00200 - Instructions to Bidders.doc 00200 - 5 F:\Public Works\Capital Prolects\SR At 8 CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00200 - Instructions to Bitlders.tloc Rev. 05/01 0 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 0 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. a4.08 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 D 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 I� 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 Qconvey 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 l ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all J 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. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 00200 - Instructions to Bidders.doc 00200 - 6 F.\Public Works\Capital Projects\SR AtA & CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 200607900200 - Instructions to Biddersooc Rev. 0901 0 ARTICLE 8 - BID SECURITY 0 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 o 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. D 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. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11 . 01 The Contract, if awarded , will be on the basis of materials and equipment specified or described in the Bidding . Documents without consideration of possible substitute or "or-equal" 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 J 00200 - Instructions to Bidders.doc 00200 - 7 P\Public Works\Capital Projects\SR AtA & CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00200 - Instructions to Bidders.doc Rev. 05/01 0 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. O ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 .01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, O 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 �J 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 Q from the Issuing Office. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words "No Bid ," "No Change ," or "Not Applicable" entered . 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature . 13 .04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature. a00200 - Instructions to Bidders.doc 00200 - 8 F\Public Works\Capital Prgecls\SR AtA & CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00200 - Instructions to Bidders.doc Rev. 05/01 0 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. 0 13.06 A Bid by an individual shall show the Bidder's name and official address . 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature. 13 .08 All names shall be typed or printed in ink below the signatures . 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13. 10 The address and telephone number for communications regarding the Bid shall be shown. 13. 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form . 13. 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 0 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 . oB. 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 Q Contract Price will be determined in accordance with paragraph 11 .03 of the General Conditions . C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11 .02 of the General Conditions. 0 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 0 of quantities or of the character, location of the work, or other conditions pertaining thereto. 14 . 04 The County reserves the right to divide the project into one ( 1 ) or more phases . The 00200 - Instructions to Bidders.doc 00200 - 9 F\Public Works\Capital Projects\SR Al & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00200 - Instructions to Bi bbers.doc Rev. 05/01 County intends to award the contract to one ( 1 ) bidder, however, separate notices to proceed may be given to one ( 1 ) or more phases of the project. 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. Public Entity Crimes Statement. 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 Ll 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." Bids mailed in should be addressed to Purchasing Division, 1840 25th Street, Vero Beach , Florida 32960 . Bids hand delivered should be addressed to 2525 St. Lucie 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 aprior to the date and time for the opening of Bids. 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 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may, in its sole discretion , release any Bid and return the Bid security prior to the end of athis period . a 00200 - Instructions to Bidders.doc 00200 - 10 F:\Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_I RC-9701\BID DOCUMENTS 2006079 00200 - Instmctions to Bidders.doc Rev. 05/01 DARTICLE 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 a bid preparation costs. The OWNER reserves the right to select, from among the various Bid alternatives, those alternatives to be included in the final Contract as well as the right and option to award or re-bid alternatives in any sequence or at any time deemed to be in the best interest of the OWNER. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination . 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 �J Conditions . a 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. a19 .06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as maybe 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 by OWNER pursuant to ordinance. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws a 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 a 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 00200 - Instructions to Bidders.doc 00200 - 11 F\Public Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00200 - Instructions to Bidders.Coc Rev. 05/01 0 a 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 aStates 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. * * END OF SECTION U 00200 - Instructions to Bidders.doc 00200 - 12 F\Public Works\Capital Projacts\SR AIA & CR 510 Turn lanes_IRC-9701\BID DOCUMENTS 2006079\00200 Instmctions to Bidders.doc Rev. 05/01 D DSECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: DSECTION TITLE SECTION NUMBER DBid Form 00310 Bid Bond 00430 DPublic Entity Crimes Statement 00450 DSworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 DGeneral Information Required of Bidders 00456 List of Subcontractors 00458 D D SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID D J * * END OF SECTION 00300 - Bid Package Contents.doc 003001 F kPublic Works\Capital Projects\SR Al & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00300 - aid Package Contents.doc Rev. 05101 SECTION 00310 - Bid Form PROJECT IDENTIFICATION : Project Name: Roadway Improvements to SR AIA and CR 510 County Project Number: 9701 Project Address : SR AIA from south of Pebble Beach Villas to north of Sebastian Inlet Day-Use Park and CR 510 from west of Wabasso Island Lane to east of Jungle Trail Project Description : Roadway Improvements to SR AIA and CR 510 Including Right Turn Lanes and Bi- Directional Turn Lanes THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 2525 St. Lucie 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 J indicated in this Bid and in accordance with the 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 j such longer period of time that Bidder may agree to in writing upon request of OWNER. J 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 00310 - Bid Form 2006079.doc 00310 - 1 F:\Pudic Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701\BIO DOCUMENTS 2006070\00310 - Bid Form 2006079.doc Rev. 05/16/01 0 as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations , explorations, tests , studies and D data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods , techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. DF. 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] "1 00310 - Bid Form 2006079.doc J 00310 - 2 F\Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00310 - Bltl Form 2006079-boc Rev. 05/16/01 u U U U U U U U U I I FI O O FI O O O O O ITEMIZED BID SCHEDULE Project Name: Ro dw Im rovements to SR AIA and CR 510 oBidder Name: I L = Pebble Beach Villas Turn Lane ITEM NO. ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST A101 - 1 MOBILIZATION LS 1 � —� �—� 1 1 �1I p A102- 1 MAINTENANCE OF TRAFFIC LS 1 �p A104-2 PREVENTION , CONTROL , & ABATEMENT OF EROSION & WATER POLLUTION LS 1 oo°0 C A108- 1 AS-BUILTS LS 1 asDO00 c:�5ZXD A110- 1 - 1 CLEARING & GRUBBING LS 1 bslo� S 10 A120- 1 EXCAVATION REGULAR CY 155. 0 W 0 00 �OrJI A120-6 EMBANKMENT CY 4. 0 ©O A285-709 BASE OPTIONAL BASE GROUP 9 SY 133 Od 3 A285-714 BASE OPTIONAL BASE GROUP 14 SY 369 1 1 A334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 72 A337-7-5 ASPH CONC FRICTION COURSE INC BIT/RUBBER FC-5 TN 14 . 8 8 00 00, A575- 1 -4 SODDING ST. AUGUSTINE p SY 255 A706-3 REFLECTIVE PAVEMENT MARKERS EA 14 -- 0 A711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 2 A711 -5- 1 GUIDE LINES THERMOPLASTIC 2'-4' WHITE LF 57 lam- a� A711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE) (61 ) LF 448 . �l LI FORCE ACCOUNT LS 1 $5 , 000 $5 , 000 Sub-Total = 51 (p 310 - 3 00310 - Bid Form 2006079.doc F1Public Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701\810 DOCUMENTS 2006079\00310 - Bd Ponn 2 060 9 .doc Rev. 05/16/01 u u u u u u u u I 1 11 1 I_ I I I - II I_ I Lam - ITEMIZED BID SCHEDULE Project Name: Roadwa I rovements to SR Al A and CR 510 Bidder Name:'T t Vera Cruz Turn Lane ITEM NO. ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST B101 - 1 MOBILIZATION LS 1 jRO) qhs B102- 1 MAINTENANCE OF TRAFFIC LS 1 "7w B104-2 PREVENTION , CONTROL, & ABATEMENT OF EROSION & WATER POLLUTION LS 1 a-7W '1 '1 �0 B108- 1 AS- BUILTS LS 1 d5� Ot sco B110- 1 - 1 CLEARING & GRUBBING LS 1 Q Q nrfu 8120- 1 EXCAVATION ( REGULAR ) CY 208 . 0no O p B120-6 EMBANKMENT CY 36 . 0 its O 5 D® B285-714 BASE OPTIONAL BASE GROUP 14 SY 469 LG °O IQ L09 % 0 B334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 68. 6 8337-7-5 ASPH CONC FRICTION COURSE INC BIT/RUBBER FC-5 TN 16. 6 6C 3 o B425-6 VALVE BOX ADJUST EA 2 6QD B520- 1 - 10 CURB & GUTTER CONC TYPE F LF 253 B522- 1 SIDEWALK CONC 4" THICK SY 250 j B575- 1 -4 SODDING ST. AUGUSTINE SY 139 4 . C) 5 B700 46-21 SIGN EXISTING RELOCATE SINGLE POST EA 1 B706-3 REFLECTIVE PAVEMENT MARKERS EA 25 O , 00 0CA=) 8711 -3 PAVT MESSAGES THERMOPLASTIC EA 2 D 8711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 2CU 4F,10clo 8711 -5- 1 GUIDE LINES THERMOPLASTIC 2'-4' WHITE LF 57 8711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 6" LF 511 B711 -35-81 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 8" LF 51 B711 -35- 121 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE) ( 121) LF 105 34w 8711 -35- 181 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 18" LF 23 L) 13, Lo 6711 -35 241 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE) (2411 ) LF 10 p 310 - 4 00310 - Bid Form 2006079.doc FAPu'blic Works\Capital Prolecls\SR AlA & CR 510 Tum Lanes_IRC 97010D DOCUMENTS 2006079\00310 - Bid Form 2006079 Eoc Rev. 05/16/01 I L_.7 u Com. . C.=7 ITEMIZED BID SCHEDULE Project Name: Roadway Improvements to SR Al and CR 510 Bidder Name: 8711 -36-61 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW ) (61t ) LF 54 CQb 4- g � 8711 -36- 181 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW 18" LF 20 00 FORCE ACCOUNT LS 1 $5 , 000 $5 , 000 Sub-Total = ll5aalo . 00310 - Bid Form 2006079.doc 00310 - 5 f:\Pubic Works\Capital Pmjecis\SR A1A 8 CR 510 Turn Lanes IRC-970 DOCUMENT520060]9\00310 - &tl Form 2006079.tloc Rev. 05/16/01 u I u ITEMIZED BID SCHEDULE Project Name: Roadway Improvements to SR Al and CR 510 Bidder Name: B711 -36-61 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW) (611 ) LF 54 oft) Lo 4 - SO 8711 -36- 181 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW ) ( 1811 ) LF 20 nO FORCE ACCOUNT LS 1 $5 , 000 $5 , 000 Sub-Total - 115a91o • 00310 - Bid Form 2006079.doc 00310 - 5 F:\Publ Ic Wots\Capttal Projects\SR Al 8 CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00310 - &d Farm 2006079.doc Rev. 05/16/01 L_J. ITEMIZED BID SCHEDULE Project Name: Roadwa Improve entsto SR Al A and CR 510 Bidder Name: J SR AIA Bi- Directional Turn Lane ITEM NO . ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST C101 - 1 MOBILIZATION LS 1 to ID37 [Q 1033-1 C102 - 1 MAINTENANCE OF TRAFFIC LS 1 AS5000 d �5 ao C104-2 PREVENTION , CONTROL, & ABATEMENT OF EROSION & WATER POLLUTION LS 1 Q1 oa ' 000 C108- 1 AS- BUILTS LS 1 Laj o 00 C110- 1 - 1 CLEARING & GRUBBING LS 1 if D aO 4o3O0 C110-7- 1 MAIL BOX ( F& I ) (SINGLE EA 1 15C 0 Oo0 C120- 1 EXCAVATION REGULAR Cy 27569 a C120-6 EMBANKMENT Cy 85 . 0 C160-4 STABILIZATION TYPE B SY 8 , 007 b C285-702 BASE OPTIONAL BASE GROUP 2 SY 2 , 805 aZ • QQ � D C285-708 BASE OPTIONAL BASE GROUP 8 SY 41249 Q . 315 (p5gy C327-70- 1 MILLING EXIST ASPH PAVT 1 " AVG DEPTH SY 72497 C334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 550 . 3 32 � 5 C337-7-7 ASPH CONC FRICTION COURSE INC BIT/RUBBER FC-9 . 5 TN 688 j 4 5 o o C430-941 -25 DESILTING STORM SEWER LF 354 C522 - 1 SIDEWALK CONC 4" THICK SY 340 C575- 1 - 1 SODDING BAHIA SY 93472 . 1 `J C575- 1 -4 SODDING ST. AUGUSTINE SY 4 , 040 05 Aolaa C700-40 - 1 SIGN , SINGLE POST AS 6 DO le C50Q C700-46-21 SIGN , EXISTING SINGLE POST , RELOCATE AS 25 -' C700-46-22 SIGN , EXISTING DOUBLE POST, RELOCATE AS 1 lao M , icJ •%D C706-3 REFLECTIVE PAVEMENT MARKERS EA 315 C711 -3 PAVT MESSAGES (THERMOPLASTIC) EA 10 C711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 20 o a Qf� • 00310 - Bid Form 2006079.doc 00310 - 6 F.\Public Works\Capital Projects\SR AIA 8 CR 510 Tum Lanas_IRC-9701\BID DOCUMENTS 2006079\00310 - atl Form 2006079.doc Rev. 05/16/01 L l_J L-1 I LJ J l I I I L I 1 , 1 LJ I I U F I CJ C� CJ o ITEMIZED BID SCHEDULE Project Name: Roadway Improvements to SR Al and CR 510 Bidder Name: C711 -34 TRAFFIC STRIPE SKIP THERMOPLASTIC YELLOW LF 1 , 304 � • C�b C711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 6" LF 53421 1 . Co C711 -35- 121 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE) ( 121t ) LF 418 . Cj� � ,�`[ CC) C711 -35-241 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE) (2411 ) LF 134 cqcp C711 -36-61 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW 6" LF 57780 5 00 C711 -36- 181 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW ) ( 1811L LF 141OLO FORCE ACCOUNT LS 1 $30 , 000 $30 , 000 Sub-Total 00310 - Bid Farm 2006079.doc 00310 - 7 F:\PuteicWonesNCapital Proleds\SR AlA & CR 510 Turn lanes IRC-9]01\BID DOCUMENTS 2006079\00310 - Bid Fo" 2006079.doc Rev. 05/16/01 . LI I I u t , I I u o 0 0 ITEMIZED BID SCHEDULE Project Name: Roadway Irnr ements to SR Ai A and CR 510 Bidder Name: • �m Treasure Shores Park Turn Lane ITEM NO. ITEM UNIT PROJECT UNIT PROJECT QUANTITY2� COST COST D101 - 1 MOBILIZATION LS 1 Solo $ IDIOM D102- 1 MAINTENANCE OF TRAFFIC LS 1 D104-2 PREVENTION , CONTROL, & ABATEMENT OF EROSION & LS 1 g� W W WATER POLLUTION fc D108- 1 AS- BUILTS LS 1 D110- 1 - 1 CLEARING & GRUBBING LS 1 � L !65 o0 D120- 1 EXCAVATION REGULAR CY 12097. 0 35 1 D120-6 EMBANKMENT Cy 76.0101 G 5tt0) 03q 0 D285-709 BASE OPTIONAL BASE GROUP 9 SY 1 , 008 D285-714 BASE OPTIONAL BASE GROUP 14 SY 1 , 719uD334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 303.6 4 D337-7-7 ASPH CONC FRICTION COURSE INC BIT/RUBBER FC-9 .5 TN 151 . 8 oZ D425-6 VALVE BOX ADJUST EA 3 � D575- 1 - 1 SODDING BAHIA SY 21005 15 . D700-46-21 SIGN , EXISTING SINGLE POST, RELOCATE AS 1 1 SiDpi D706-3 REFLECTIVE PAVEMENT MARKERS EA 234 a moo D711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 4 1 oc0 Oao D711 -33 TRAFFIC STRIPE SKIP THERMOPLASTIC 6- 10' WHITE LF 55 (QI • Cb D711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 6" LF 21118 agi • ( 00 D711 -36-61 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW 6" LF 95158 0 d 1 D711 -36- 181 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW 18" LF 223 FORCE ACCOUNT LS 1 $ 15 , 000 $ 15 , 000 Sub-Total = 58Ia5 00310 - Bid Form 2006079.doc 00310 - 8 F:\Public Works\Capital Projects\SR AlA 8 CR 510 Turn Lanes—IRC 9701\BID DOCUMENTS 2006079\00310 - Bid Foon 2006079Aoc Rev. 05116/01 1`7 C_4 CJ C7 ITEMIZED BID SCHEDULE Project Name: RoadwaV Improvements to SR Al A and CR 510 Bidder Name-T' 4 c. Sea View Turn Lane ITEM NO. ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST E101 - 1 MOBILIZATIONLS 1 00 '1 (p q � I9 E102- 1 MAINTENANCE OF TRAFFIC LS 1 ,IJQ E104-2 PREVENTION , CONTROL, & ABATEMENT OF EROSION & LS 1a 00� agtU WATER POLLUTION E108- 1 AS- BUILTS LS 1 UI �(7 E110- 1 - 1 CLEARING & GRUBBING LS 1 LW �o E120- 1 EXCAVATION REGULAR Cy 267 t7D IL4 I100 E120-4 EXCAVATION SUBSOIL Cy 56 E120-6 EMBANKMENT Cy 45 . 0 E285-709 BASE OPTIONAL BASE GROUP 9 SY 260 qD n (AL40 E285-714 BASE OPTIONAL BASE GROUP 14 Sy 841710 , 01- WW E334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 122 . 1 M �IS7 E337-7-7 ASPH CONC FRICTION COURSE INC BIT/RUBBER FC-9 . 5 TN 61 . 1 14 1 DO q .-1C) E430- 172- 129 REINFORCE CONCRETE PIPE CULV ROUND 24" CD LF 40 E430-941 -25 DESILTING STORM SEWER LF 120 015. o� E430-982 - 129 MITERED END SECTION 24" CD EA 1 E575- 1 -4 SODDING ST. AUGUSTINE Sy 682 OS IO E706-3 REFLECTIVE PAVEMENT MARKERS EA 28 to6 00 aLlKn ,00 E711 -3 PAVT MESSAGES THERMOPLASTIC EA 2 O» E711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 3 Ial7po E711 -5- 1 GUIDE LINES THERMOPLASTIC 2'-4' WHITE LF 79 10aw E711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE) (611 ) LF 1 , 016 I ' lo k I q . to FORCE ACCOUNT LS 1 $ 15 , 000 $ 15 ;000 Sub-Total = � �la• 3 00310 - Bid Form 2006079.doc 00310 - 9 F1Public Works\Capital Projects\SR AlA & CR 510 Tum Lanes_IRC-97010D DOCUMENTS 2006079\00310 - Bd Form 2006079.boc Rev. 05/16/01 u u u ITEMIZED BID SCHEDULE Project Name: Roadway Im rovements to SR Al A and CR 510 - Bidder Name: McLarty Museum Turn Lane ITEM NO. ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST F101 - 1 MOBILIZATION LS 1 qcryn Qoq9s � F102- 1 MAINTENANCE OF TRAFFIC LS 1 F104-2 PREVENTION , CONTROL, & ABATEMENT OF EROSION & LS 1 °D 00 WATER WATER POLLUTION 2QOOloU [F120-6 8- 1 AS-BUILTS LS 1 0- 1 - 1 CLEARING & GRUBBING LS 1 CID Q Cp 0-7- 1 MAILBOX F&I SINGLE EA 1 aasbo 0- 1 EXCAVATION REGULAR CY 321 qo EMBANKMENT CY 156. 000 9 F285-709 BASE OPTIONAL BASE GROUP 9 SY 251 00 ' o F285-714 BASE OPTIONAL BASE GROUP 14 SY 704 014 F334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 79 .2 1 10 q00 F337-7-7 F337-7-7 ASPH CONC FRICTION COURSE INC BIT/RUBBER FC-9 . 5 TN 39 . 6 -1 oo 58a I ac, F425-6 VALVE BOXES ADJUST EA 1 tO) F430- 174- 123 BITUMINOUS COATED CORRUGATED STEEL PIPE CULV LF 8 ROUND 15" SD 12 GAUGE �flS V F430-941 -25 DESILTING STORM SEWER LF 50 �o F430-984-323 MITERED END SECTION 15" SD EA 1 QQ F575- 1 - 1 SODDING BAHIA SY 1205050 F700-46-21 SIGN EXISTING RELOCATE SINGLE POST EA 2 IM110 F700-46-22 SIGN EXISTING RELOCATE MULTI - POST EA 2 tAsoac F706-3 REFLECTIVE PAVEMENT MARKERS EA 29 400 moo F711 -3 PAVT MESSAGES THERMOPLASTIC EA 2 440"Jo F711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 3 ILLOC O E711 -5- 1 GUIDE LINES (THERMOPLASTIC ) 2'-4' WHITE LF 79 %4 C) 00310 - Bid Form 2006079.doc 00310 - 10 F\Pudic Works\Capital Projects\SR A1A 8 CR 510 Tum Lanes_ DOCUMENTS 2006079\00310 - &d Fo" 2006079.doc Rev. 05/16/01 I u u lam, u ,t _� u u J u t _J IJ ITEMIZED BID SCHEDULE Project Name: Roadway Im rov ments to SR AlA and CR 510 Bidder Name: Cpp1 % F711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 6" LF 19041 (j F1070-516 BLOWOFF RELOCATE EA 1 DO F1644-800 FIRE HYDRANT RELOCATE EA 1 FORCE ACCOUNT LS 1 $ 10 ,000 $ 10 , 000 Sub-Total =11Q 311Dy8 00310 - Bid Form 2006079.doc 00310 - 11 F.\Public Works\Capital Projects\SR AlA 8 CR 510 Tum Lares_IRC-970100 DOCUMENTS 2006079\00310 - &b Form 2006079.doc Rev. 05/16/01 u u u I z � ITEMIZED BID SCHEDULE Project Name: Roadway Im vements to SR Al and CR 510 Bidder Nam c4m � _O Sebastian Inlet Da Use Park Turn Lane `^ ITEM NO. ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST G101 - 1 MOBILIZATION LS 1 Lg to j q a Lo G102- 1 MAINTENANCE OF TRAFFIC LS 1 a4540R9110 l{ o0 G104-2 PREVENTION , CONTROL, & ABATEMENT OF EROSION & LS 1 IaOoo �� 0 WATER POLLUTION G108- 1 AS-BUILTS LS 1 (gM 00 G110- 1 - 1 CLEARING & GRUBBING LS 1 Q Qq too G120- 1 EXCAVATION REGULAR CY 1 , 175. 0Op G120-6 EMBANKMENT CY 11188 . 0 G160-4 STABILIZATION TYPE B SY 42201 3a 131 G285-702 BASE OPTIONAL BASE GROUP 2 SY 11491 G285-708 BASE OPTIONAL BASE GROUP 8 SY 2 , 092 RIQ G327-70-6 MILLING EXIST ASPH PAVT 1 " AVG DEPTH SY 31152 3 G334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 394 . 1 clo � G337-7-7 ASPH CONC FRICTION COURSE INC BIT/RUBBER FC-9.5 TN 115 . 1 LI co1 (0 ,A14 ',, G430- 171 - 125 REINFORCED CONCRETE PIPE CULV ROUND 18" SS) LF 67 S So G430-984- 125 MITERED END SECTION 18" SD EA 2 tlao� G522- 1 SIDEWALK CONC 4" THICK SY 13079 5400 G575- 1 - 1 SODDING BAHIA SY 41490 f 00 G630- 1 - 12 CONDUIT FURNISH & INSTALL UNDERGROUND LF 180 2 c S -10gC) o PULL AND JUNCTION BOXES ( FURNISH & INSTALL) ( PULL 0000 � �00 G635- 1 - 11 BOX EA 1 G700-46-21 SIGN EXISTING RELOCATE SINGLE POST EA 2 G706-3 REFLECTIVE PAVEMENT MARKERS EA 237 G711 -3 PAVT MESSAGES THERMOPLASTIC EA 2 LtO goo G711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 6 � Llocu G711 -5- 1 GUIDE LINES THERMOPLASTIC 2'-4' WHITE LF 135 too 1 00 00310 - Bid Form 2006079. doc 00310 - 12 F9Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00310 - Rd Fo" 2006079.doc Rev. 0916/01 J � U u LJ u {, ITEMIZED BID SCHEDULE Project Name: Roadway Improvements to SR Al A and CR 510 Bidder Name7i g1(V G711 -33 TRAFFIC STRIPE SKIP THERMOPLASTIC 61- 10' WHITE LF 105 0 G711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE) (616 ) LF 31092 anu� G711 -35-241 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 24" LF 22 oo G711 -36-61 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW 6" LF 4 ,040 0 sc) q% clo G711 -36- 181 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW 18" LF 169 -1 �) , Q5 S G741 -70- 111 TMS VEHICLE SENSOR CLASS II F & I TYP I 1 /2 LN a EA 2 of 4( oc) G745-70- 12 TMS INDUCTIVE LOOP ASSEMBLY F & I 2 LOOPS/LN AS 2 11 OO Q3CCPO FORCE ACCOUNT LS 1 $257000 $25 , 000 Sub-Total 00310 - Bid Form 2006079.doO 00310 - 13 F.\Public Works\Capifal Projects\SR AlA 8 OR 510 Tum Lanes_ RC-9701\010 DOCUMENTS 2006079\00310 - Bid Form 2006079.doc Rev. 05/16/01 —� �-+ L I \ —J L u u u t_J � J l_ 1 t l— J I l J L ITEMIZED BID SCHEDULE Project Name: Roadway I rnprggements to SR Al A and CR 510 _ Bidder Name: smpEj � ( 4:sr)q pN J a-r , CR 510/ Wabasso Island Turn Lane ITEM NO. ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST H101 - 1 MOBILIZATION LS 1 D ICU H102- 1 MAINTENANCE OF TRAFFIC LS 1 1w O0° H104-2 PREVENTION , CONTROL, & ABATEMENT OF EROSION & LS 1oc�°� �00 WATER POLLUTION -1 9 H108- 1 AS-BUILTS LS 1 (4100 490 4 00 00 H110- 1 - 1 CLEARING & GRUBBING LS 1 (D00 H120- 1 EXCAVATION REGULAR Cy 207.0 egla �5� f5 H120-6 EMBANKMENT Cy 215 . 0 �o H285-709 BASE OPTIONAL BASE GROUP 9 Sy 228 H285-714 BASE OPTIONAL BASE GROUP 14 Sy 595 R600 CK7 H334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 118 -290 H337-7-5 ASPH CONC FRICTION COURSE INC BIT/RUBBER FC-5 TN 33.2 D (p30g H575- 1 - 1 SODDING BAHIA Sy 521 VIA H630- 1 - 12 CONDUIT F & I UNDERGROUND LF 250 � � � �-//��0 H635- 1 - 11 PULL AND JUNCTION BOXES F & I PULL BOX EA 2 Aanouu H700-46-21 SIGN EXISTING RELOCATE SINGLE POST AS 1 Co H706-3 REFLECTIVE PAVEMENT MARKERS EA 22 OO O po H711 -3 PAVT MESSAGES THERMOPLASTIC EA 2 crzri q (C10 H711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 3 I4 O H711 -5- 1 GUIDE LINES THERMOPLASTIC WHITE LF 50 AtDo H711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 6" LF 768 O FORCE ACCOUNT LS 1 $ 10 , 000 $ 107000 Sub-Total =I lams 00310 - Bid Form 2006079.doc 00310 - 14 PAPublic Works\CaOital Prolects\SR AlA & CR 510 Turn Lanes IRC-9701\BID DOCUMENTS 2006079\00310 - 6b Form 2006079.doc Rev. 05/1 &01 ITEMIZED BID SCHEDULE Project Name: Roadwa Im r vement to SR Al and CR 510 - Bidder Name: CR 510 Signing and Marking Improvements ITEM NO. ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST 1101 - 1MOBILIZATION LS 1 afm a5co 1102- 1 MAINTENANCE OF TRAFFIC LS 1 oZ bt�'o olBOUfl�, 1700-40- 1 SIGN SINGLE POST LESS THAN 12 AS 1 a — � Qq o� o o" 1706-3 REFLECTIVE PAVEMENT MARKERS EA 75 l _1 410 1711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 6" LF 700 ,a � 4C o0 1711 -35- 181 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 18" LF 139 I I lo-_O�3IO 1711 -36-61 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW ) (613 ) LF 350 .0 l FORCE ACCOUNT LS 1 $2 , 500 $25500 Sub-Total =1 13 WlS l 00310 - Bid Form 2006079.doc 00310 - 15 F:\PuGlc Works\Captal Prolecis\SR AtA 8 CR 510 Tum Lanes- 9701\BID DOCUMENTS 2006079\00310 - &d Form 2006079.doc Rev. 05/16/01 ITEMIZED BID SCHEDULE Project Name: Roadway I marovernents to SR Al A and CR 510 Bidder Name: CR 510 Bi- Directional Turn Lane ITEM NO . ITEM UNIT PROJECT UNIT PROJECT QUANTITY COST COST V07- J101 - 1 MOBILIZATION LS 1 y I { J102- 1 MAINTENANCE OF TRAFFIC LS 1 Q w 5 PREVENTION , CONTROL, & ABATEMENT OF EROSION & J104-2 WATER POLLUTION LS 1 `� �� 1o �00 �7� 1108- 1 AS- BUILTS LS 1sqno ao J110- 1 - 1 CLEARING & GRUBBING LS 1 ,` ` 1r ?)l l J120- 1 EXCAVATION REGULAR CY 847. 0 1 i39 pO 3 Q J120-4 EXCAVATION SUBSOIL CY 396 . 0 J120-6 EMBANKMENT CY 777. 0 J160-4 STABILIZATION TYPE B SY 31149 ou q� J285-702 BASE OPTIONAL BASE GROUP 2 SY 1 , 144 a J285-708 BASE OPTIONAL BASE GROUP 8 SY 13442 LA J327-70- 19 MILLING EXIST. ASPH PAVT 3/4" AVG DEPTH SY 3 , 378 L{ 7I to 04 J334- 1 - 13 SUPERPAVE ASPHALTIC CONC TRAFFIC C TN 287 v yQW) J337-7-5 ASPH CONIC FRICTION COURSE INC BIT/RUBBER FC-5 TN 221 J425- 1 -521 INLETS DT BOT TYPE C < 10' EA 2 -6 J425-2-41 MANHOLES P-7 < 10' EA 1 p� a J425-6 VALE BOX ADJUST EA 2 J425- 11 DRAINAGE STRUCTURE MODIFY EA 1 xw CO J430- 171 - 125 REINFORCED CONCRETE PIPE CULVERT ROUND 18" SS) LF 343 K7 J430- 171 - 129 REINFORCED CONCRETE PIPE CULVERT ROUND 24" SS LF 73 J430- 171 - 133 REINFORCED CONCRETE PIPE CULVERT ROUND 30" SSLLF 30 3 J430- 171 - 138 REINFORCED CONCRETE PIPE CULVERT ROUND 36" SS)_ LF 35 ELLIPTICAL REINFORCED CONCRETE PIPE CULVERT 119 mo J430- 171 -229 19 "X30" ERCP LF 16 `��� ` V�� J430-942-29 PIPE DESILTING 24" CD LF 40 vo 00310 - Bid Form 2006079.doc 00310 - 16 F\Public Works\Capital Projects\SR A 1 A & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00310 Bid Form 2006079.doc Rev. 05/16/01 k u i I u u U t U u U U LJ L- I (� ITEMIZED BID SCHEDULE Project Name: Roadway Improvements to SR Al and CR 510 Bidder Name: Cmniyd &UL;%5j 00c - J430-942 -33PIPE DESILTING 1911X30 " ERCP LF 140 00 11400 J430-944-25 PIPE DESILTING 18" SD LF 130 OO J430-982 - 129 MITERED END SECTION 24" CD EA 1 _aVo �O J430-984- 133 MITERED END SECTION 30" SD EA 1 c &o J522-2 CONCRETE SIDEWALK 6" THICK SY 123 00 J575- 1 - 1 SODDING BAHIA SY 2 , 617 J575- 1 -4 SODDING ST. AUGUSTINE SY 444 J575- 1 -6 SODDING BERMUDA SY 444 0 �3q J630- 1 - 12 CONDUIT F & I UNDERGROUND LF 11058 O ad o� c(® 1. � J630- 1 - 13 CONDUIT F & I UNDERPAVEMENT SAWCUT LF 55 3' o. J635- 1 - 11 PULL AND JUNCTION BOXES F & I PULL BOX EA 8 8o S w J700-40- 1 SIGN SINGLE POST AS 4 t IccfI J700-46-21 SIGN EXISTING RELOCATE SINGLE POST EA 2 J706-3 REFLECTIVE PAVEMENT MARKERS EA 128 1 nooQACD7 J711 -4 DIRECTIONAL ARROWS THERMOPLASTIC EA 10 ylqocpo J711 -33 TRAFFIC STRIPE SKIP (THERMOPLASTIC WHITE LF 46 � . o J711 -34 TRAFFIC STRIPE SKIP THERMOPLASTIC YELLOW LF 503 ' a X00 J711 -35-61 TRAFFIC STRIPE SOLID THERMOPLASTIC WHITE 6" LF 23100 . J711 -36-61 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW 6" LF 2 ,407 ab 19 J711 -36- 181 TRAFFIC STRIPE SOLID THERMOPLASTIC YELLOW 18" LF 132 ILST- J1644-800 FIRE HYDRANT RELOCATE EA 1 _Ayte FORCE ACCOUNT LS 1 $205000 $207000 '] 15. Sub-Total TOTAL AMOUNT OF BID ( IN FIGURES) : $ � M� "1 TOTAL AMOUNT OF BID ( IN WORDS) : ( 1170 ' i tI � Ilon tau- hundred � fwo sard _utae, I (,,,1,�_ l Ley"�'u� —J - V �� - • J��� Y � � t" — " 4q t � 00310 - Bid Form 2006079.doc 00310 - 17 R\Public Works\Capital Projects\$R A1A 8 CR 510 Turn Lanes_IflG97010D DOCUMENTS 2006079\00310 &tl Form 2006079.tloc Rev. 05/16/01 ITEMIZED BID SCHEDULE Project Name: Roadway Im rements to Sh Al A and CR 510 Bidder Name: _ 7ymn 44u 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 JContractor 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. 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 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. l ; 7.01 The following documents are attached to and made made a condition of this Bid : C:1 J A. Required Bid security in the form oft 'XI z B. A tabulation of Subcontractors, Suppliers [and other] individuals and entities required to be identified in this Bid ; ] ; C. Statement of Public Entity Crimes; D . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships; E . Sworn Statement Under the Florida Trench Safety Act; F. General Information Required of Bidders; 1 ' G . List of Subcontractors; and iI H . ( List other documents as pertinent) . 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in 00310 - Bid Form 2006079.doc 00310 - 18 f F\Publ'm Works\Capital Pmjects\SR AIA & CR 510 Turn Lanes_I RC-9701\BID DOCUMENTS 2006079\00310 Be Form 2006079.doc Rev. 05/01 ITEMIZED BID SCHEDULE Prolcct Name: Roadwav Improvements to Sh Al and CR 510 Bidder Name: oAww I N? the Instructions to Bidders, the General Conditions , and the Supplementary Conditions. ^I SUBMITTED on 2000 Ckc t�sag State Contractor License No. JI If Bidder is: ] An Individual Name (typed or printed) : By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No. : FAX No. : J' A Partnership Partnership Name: (SEAL) J By: �i (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed) : Business address : Phone No. : FAX No. : J A Corporation —T— t 1 - l Corporation Name: 1loA4Nkj �jtllTrl� IrX (SEAL) Jj State of Incorporation : lpQtDiA ll Type (General Busines Pro ssio ial Service, Limited Liability) : J By: z � (Signature -- attach evidence of authority to sign) )� Name (typed or printed) : 1RY1O `RpS� � Title: r � ht� / \ Attest (CORPORATE SEAL) lj (Signature of Corporate Secretary) 1 J� usine address : I3�DVJ SLO b1c. CLIkie 4wq + I �l � I Phone NoAlo@ - 5WL1 - 11KOQ5 FAX No. : lea Sfo4 - 1 88 $ II 00310 - 19 00310 - Bid Form 2006079.doc 111 i F:\Public WOMB\Capital Projects\SR Al A & CR 510 Turn Lanes-IRC-970 I NBID DOCUMEOCUMENT520060]9\00840 - Bitl Form 2006079.tloc Rev. 05/01 ITEMIZED BID SCHEDULE Proles„ t Name: Roadwav Improvements to Sh ml and CR 510 Bidder Name: Date of Qualification to do business is d J� �1 A Joint Venture J Joint Venture Name: (SEAL) By. (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed) : Title: Business address: Phone No. : FAX No. : Joint Venture Name: (SEAL) BY: J' (Signature -- attach evidence of authority to sign) Name (typed or printed) : ] Title: Business address: Phone No . : FAX No. : 1 Phone and FAX Number, and Address for receipt of official communications : JI J. ( 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 . ) J J 11 * * END OF SECTION 00310 - 20 00310 - Bid Form 2006079.doc F:\Public Works\Capital Projects\SR A1A 8 CR 510 Turn Lanes_IRC9701\BID DOCUMENTS 2006079\00310 - &tl Form 2006079 dm Rev. 05/01 J Bond BB01739 SECTION 00430 - Bid Bond KNOW ALL MEN BY THESE PRESENTS , that we Timothy Rose Contracting , Inc - — as Principal , and Developers Surety and Indemnity companycR'SNAnE! (SURETY'S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with Offices in the City of Plantation , FL its Principaland 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 Five Percent of Bid Amount — Dollars ($ 5 % of Bid Amo %Mul 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 by these presents. I bind ourselves , our heirs , executors, administrators , and successors, jointly and severally, firmly jq Whereas said Principal is herewith submitting a Bid dated July 7 Q the construction of: 20 06 , for Project Name: Roadway Improvements to SR Al A and CR 510 County Project Number 9701 Project Address : SR A1A from south of Pebble Beach Villas to north of Sebastian Inlet Day-Use Park and CR 510 from west of Wabasso Island Lane to east of Jungle Trait Project Description: Roadway Improvements to SR A1A and CR 510 Including Right Turn Lanes and Bi-Directional Turn Lanes NOW THEREFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principal eaters into a written contract with the n OWNER in accordance with the Bid as accepted, and if the Principal gives the required bonds q with goad 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 void . Othetwrse, the Principal and Surety, jointly and severally, shall on or before the sixtieth 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 I 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 I attorney' s fees. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this S day of Ju l y _ 20 06 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. Fv';,d,cuy„rvsc,3nnoi P-oixis+sa n, aa cask rim unns_wc9>mym ('0430 '04 wrszo_emsvxaao - ¢n ¢mo n:,, ¢o oswi D0430 - Bid Bord.doc IWHEN THE PRINCIPAL ISANIN" DIVIDU41 : SIgnCd . Sealed and delivered in the prescnc � ut Witness Signature oflndividuai Address Printed Name of Individual IWitness Address Xn: M # M 'F#XXMY: * X # XM## XM# M # uMM:k +A: MM3: :Fxxxy: :k # f: # >. MRMk � rr,. � MM:k >; MMMAMY-X # M * MM #MMY= M #M # kakXX# M # MMk WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES TINDER A TRADE NAME: ISigned, sealed and delivered in the presence of. Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address MMXMM#sc* {eX #a= icM *M # # Mt #MxM*# ktBM +k#zxX#-*# * # #,FMM:ey:x* # M,k =k #*:4XMk+'. k4 #M :k:kk3#Mic* M #M M�MYX # :✓ MM } WHEN THE PRINCIPAL IS A PARTNERSHIP: JyI Signed, sealed and delivered in the presence of: I I Witness ?dame of Partnership J -- BY: j Address Partner Printed Name of Partner Witness (SEAL) JAddress Wi *scao4al Pffl ot4sR n I n a CR 510 %p Lanes_6i097ol0.on Ou30 - 2NTS rosmseoaso . 00433 Bid Bond.doe txde �ndc Pio. asrci :: - SY:+p J. WIZEN THE PRINCIPAL IS A CORPORATION - Attest : I Timothy Rose Contracting , Inc . Secreta['}' Name of Cerporntion BY : (Affix Corporate SEAL) Printed Name Timothy Rose Official Tide President CFRTIFICATF AS TO CORPORATE PRINCIPAL I /i k 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 Principa[ was then of said corporation : that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. J Secretary (SEAL) TO BE EXECUTED AY CORPORA'I'E SURI T A st. Developers Surety and Indemnity Company - r ur l Corporate Surety 150 South Pine Island Road , Ste 510 J P1 tation , F 33324 Bust es Add ss BY: (Affix Corporate SEAL) (Attach Power of Attorney ) Robert Barra Attorney In Fact & Florida Resident Agent Attorney-In-Fact Robert Barra 1 Name ofLocal Agency Bob Barra Bonds , Inc . J 9373 West Sample Road , Ste 21 Business Address Coral Springs FL 33065 00430 - 3 00430 - Bid Bond.doc *S�CGPaBl PmjL SZR Al AR CR 510Tum Lan eq_I O9701VDD CLJMENi52C0GWSAM430 , 0103aad do- Rev. OS I D , D � STATE OF FLORIDA COUNTY OF INDIAN RIVER Before il me . a Notary Public, dry conanissiotied , qualified and actin n - q g: personally appeared to me well known . who being by me first duly swom upon oath, says that he is the attorney-in -fact for the and that he has been authorized by 1 to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 200_ f Notary Public , State of Florida My Commission Expires : _ 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 510 Plantation , FL 33324 Name and address of agent or representative in Florida if different from above: � I Bob Barra Bonds , Inc . — 9373 West Sample Road , Ste 206 Coral Sprin s FL 33065 Telephone number of Surety and agent orrepresentative in Florida: 954 255 - 98855 + + END OF SECTION + + 00430 - 4 00430 - Bid Bond.doc F.1P�bGC WoeYp•Gaal[al pro{CCIslSP A1PSCAS. O Tum Lanes IFlC-3)pl'p:p pOCUNENT32p 07g!p X - Eid 00nd1aHev. CSq! Bond BB01739 ( POWER OF ATTORNEY FOR U 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 Attomey(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 Attomey(s)-in-Fact full power and authority to do and to perforin 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 Attomey(s)-in- Facr, 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 Chammm of the Board, the President and any Vice President of rhe corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the Attomey(s)-in-Fact named in the Powers of Attomey 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 I st day of December, 2005. By: .....AND./,YO . David H. Rhodes, Executive Vice-President E ? ` OCT. '<•= u 10 ene y` 7936 :sa By. .......... . Walter A. Crowell, Secretary STATE OF CALIFORNIA 7 COUNTY OF ORANGE J On December 1 , 2005 before me, Gina L. Gamer, (here insert name and title of the officer), 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 person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signawre(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. GINA L. GARNER COMM. # 1569561 Signature (SEAL) NOTARY PUBUC CALIFORNIA } ORANGE COUNTY JCERTIFICATE INcxtirim. expiresM 13, 2ao9 The undersigned, as Assistant Secretary, 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 5 day of J U 1 y 2006 / A � By lit Albert Hillebmnd, Assistant Secretary ID- 1438 (DSI) (Rev. 12/05) D � D bbb Inc. D D BID RESULT FORM BOND BB01739 HSE CONTRACTOR Timothy Rose Contracting , Inc . OBLIGEE Indian River County PROJECT Roadway Improvements SR AIA & CR510 BIDDATE 7 - 7 - 06 ESTIMATED CONTRACT AMOUNT $ 2 , 300 , 000 . 00 LOW BIDDER AMOUNT SECOND BIDDER AMOUNT THIRD BIDDER AMOUNT ENGINEER' S ESTIMATE CONTRACTOR ' S BID J J J Bob Barra Bonds, Inc. 9373 West Sample Road, Ste 206, Coral Springs, FL 33065 (954)255-9855 Fax (954)255-9857 DSECTION 00450 - Public Entity Crimes Statement FLORIDA STATUTES ON PUBLIC ENTITY CRIMES , SECTION 287. 133 Pursuant to Florida Statutes Section 287 . 133 (2)(a) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public } entity crime may not submit a bid, proposal , or reply on a contract to provide any goods or J( services to a public entity (defined as the State of Florida, any of its departments or agencies , or any political subdivision) ; may not submit a bid, proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids , proposals , or replies on leases of real property to a public entity ; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 .017 for CATEGORY TWO [currently $25 ,000] for a period of 36 months from the date of being placed on the convicted vendor list . A "public entity crime " 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, proposal , reply, or contract for goods or services , any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion , racketeering, conspiracy, or material misrepresentation . J� * * END OF SECTION Ji 00450 - 1 00450 - Public Entity Crimes Statement.doc F\Public W orks\Carrital Projects\SR AtA 8 CR 510 Turn Lanes_IRC 9701\13ID DOCUMENTS 2006079\00450 - Public Entity Crimes Staternent.doo Rev. 05/01 SECTION 00452 - Sworn Statement under Sect. 105.08 Indian River County Code on Disclosure of Relationships Dj 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 . 9701 for Roadway Improvements to SR AIA and CR 510 1 . This sworn statement is submitted by: 1 [Y11D 1 ) 7 D5>;y JT�I Q, � ac a ��f e�ity bmittiq� sworn stat�nent� h�o,e b}{slness E s is : is [ rill YiQGI.CK ;S '2.- and ( If applicable) Its Federal Employer Identification Number ( FEIN ) is jo5iQTKKQ ( If the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement ) , W , 2 . My name is (Please print name 0 individual si Ring) and my relationship to the entity named above is DWY)Q,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, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief , the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement 1 app les . ] J ; 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 I 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: ) I 00452 - 7 00452 - Disclosure of Relationships.doc F1Public W orks\Capital Peleds\SR AlA 8 CR 510 Turn Lanes_IRC-9701\13ID DOCUMENTS 2006079\00452 - Disclosure of Relationships.hoc Rev. 05101 Name of Affiliate Name of County Relationship or Entity Commissioner or employee 1 . 2 3 . ] , 4 . 5 . 6 . 7 . 8 . (s �ature) J (date) STATE OF qA1DILkhj5 _ COUNTY OF _\Y1ptit41J \VQtC' Personally appeared before me , the undersigned authority, who after first being sworn by me, affixed his/her signature in the space provided above on this day of 120 Notary Public, State at large My Commission Expires : Jj J r * * END OF SECTION 00452 - 2 00452 - Disclosure of Relationships.doc F'\Public Works\Capital Projects\SR AtA 8 CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\00452 - Disclosure of Relationsnips.doc Rev. 05I01 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 ] j REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1 . This Sworn Statement is submitted with Project No. 9701 for RoadwaV Improvements to SR AIA and CR 510 (Name of Pro ect) , 2. This Sworn Statement is submitted by b cwbru (Legal Narrie of Entity Submitting Sworn Statement) hereinafter "BIDDER" The BIDDER'sr ss is 13loQS Std' O Qct t� �x c2 41cw roto VtS �- BIDDER's Federal Employer EmployerrIIdentification mber ( FEI ) is le OZ84 AVa1. . 3. My name is + tom loaz) and my relationship to the BIDDER (Privame of Individual Signing) is r2Sldlr► f - cN.I ler (Position orf 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. seg . Florida Statutes and refer to the applicable Florida Statues) 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. l 6. The BIDDER has allocated and included in its bid the total amount of $ 1 000 based on the linear feet of trench to be excavated over five (5) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards } by instituting the following specific method(s) of compliance on this Project: JI I The determination of the appropriate method(s) of compliance is the complete and sole � j 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 . Qo 7) The BIDDER has allocated and included in its bid the total amount of $ I C) � based on the square feet of shoring to be used for compliance with shoring safety JI j requirements and intends to comply with said shoring requirements by instituting the following specific method (s) of compliance on this Project : i00454 - Florida Trench Safety ACLdoc 00454 - 1 F'.\Public W ortts\Capifal Projects\SR AtA 8 CR 510 Torn Lanes_IRC-9701\31D DOCUMENTS 2006079\00454 - Florida Trench Safety Act doc Rev. 05/01 �r 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 . J 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, J 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 1 Standards in designing the trench safety system(s) for the Project. J BIDDER : IM 4brK - By: / Position or Title : 7Rres- /Dw ' w �j Date: STATE OF ll COUNTY OF JA &ALLAl J Personally appeared before me, the undersigned authority, '1 f .n c*-kq Rose, who after first being sworn by me, affixed his/her signature in the space provided above on this } _� day of �It � GLORIA k MCMATH ary Public , State at large MY COMMISSION ADD 433977 J a•. a: EXPIRES. May 26, 2009 ot Commission Expires: ?> „� ,. Bww*C Thai Notary Public Urc miners * * END OF SECTION f � I e 00454 - 2 00454 - Florida Trench Safety Accdoc � F\Public Works\Capi lal Projects\SR At 8 CR 510 turn Lanes IRC-9)01\RID DOCUMENTS 2006079\00454 - Florida Trench Safety Act,Ooc Rev. 05/01 SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE � ) NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NOW RESPONSIBLE BIDDERS. J ( UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements ' may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No : 9701 Project Name: Roadway ImprovemenillI.Lo SR AtA and CR 510 1 . Bidder's Name / Address : 3imofft4w k 13taC6 Su) lSCcl'b, x *tcc , (��,� - 3�4cn2 1 2 . Bidder's Telephone & FAX Numbers : 1 � a - 5(pt{ --I `6 �D 77 a. 5(c�f - -7 3. Licensing and Corporate Status : a . Is Contractor License current? /ICES b . Bidder's Contractor License No : O x"'1140 [Attach a copy of Contractor's License to the bid] �j 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: _5641,inor Iq 5. What is the IcIstro ject OF THIS NATURE that the firm has completed? 4 h 51-17 p� /mom 6 . Has the firm ever failed to complete work awarded to you ? _ND [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? NO [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 ? NO [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 .] 9 . Hasii 1he firm ever been charged with noncompliance of any public policy or rules? i [ If your answer is "yes , then attach a separate page to this questionnaire that explains �I the circumstances and list the project name , Owner, and the Owner's telephone number for each project .] 00456 - Qualifications Questionnaire.doc 00456 - 1 FPublic Works\Capital Projecls\SR AlA & CR 510 1urn Lanes IRG9701 \BID DOCUMENTS 2006079\00456 - Qualifications Questionnaire.di Rev. 0501 JI 1,0 . Attach to this questionnaire, a notarized financial stateme a d other information that documents the firm's financial strength and history. 11 . Has the firm ever defaulted on any of its projects? _VD [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 .] J 12 . Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule . 13. Name of person who inspected the site of the proposed work for the firm : Name: l ► 1'Y1pcc' a Date of In�speecti n p l 14. Name of on-site Project Foreman : �GI�Ur ►d1 VO 6 JNumber of years of experience with similar rojects as a Project Foreman : T 15 . Name of Project Manager: IYYI D J Number of years of experience with similar projects as a Project Manager: CQ d� _uS t J 16 . (a) Please state your bonding capacity per project. 1 due (111 Ilion J ( b) Please state your total bonding capacity. 1 Gk\�e _ V1 111 (w) J (cLXleaseRrovide name , address and contact person of our bonding company. b rrcL C- &)b &rra s I� — cg;55 - Qs�55 4' * cdt (asps 33475 17. What percentage of the total project will be performed by the firm's personnel ? 18. Attach a separate page to this questionnaire that lists the firm's construction equipment that will be used on this project. Also , list the construction equipment that the firm will rent for this project . 1 [The remainder of this page was left blank intentionally] J J 1 00456 - Qualifications Questionnaire.doc J 00456 - 2 F.Wusic Woi*aGapital Projects\SR Al A & CR 510 Tum Lanes-IRC 9701\BID DOCUMENTS 2006079\00656 Qualifications Questionnaire.aoc Rev. 05/01 L_J l 18. Complete the following table for SIMILAR projects: Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount 00456 - Qualifications Questionnaire.doc 00456 - 3 F:\Public Works\Capital Projects\SR At A & CR 510 Turn Lanes IRC-9701\BID DOCUMENTS 2006079\00456 - Qualifications Questionnaire.doc Rev. 05/01 [NOTE: If requested by the County, the Bidder shall furnish references, and other information, Jsufficiently comprehensive to permit an appraisal of its abilities as a contractor.] By: (Signature) ( Position or Title) ] (Date) 1 * * END OF SECTION J J J J J J I it J J J J 00456 - Qualifications Questionnaire.doc 00456 - 4 F:\Public Works\Capital Projects\SR AIA & CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00456 - Qualifications Quesiwnaire.doc Rev. 05/01 SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform 1 work under this Contract in excess of one- half percent of the total bid price, and shall also list J the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be allowed unless approved by Indian River County after a l request for such a change has been submitted in writing by the Contractor, which shall include J reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No . 9701 for Roadway Improvements to SR AIIA and CR 510 . Work to be Performed Subcontractor's Name/Address J 1 . 2 . 3 . 1 4 . J 5 . l 6 1J 7 . J 8 • J 9 10 . 1 11 . lJ 12 . J 13 . 14 . 15 . 16 . 17. Note: Attach additional sheets if required . * * END OF SECTION 00458 - List of Subcontractors.doc 00458 - 1 F\Public Works\Capital Projects\SR A1A & CR 510 Tum Lanes_IRC.-9701\BID DOCUMENTS 2006079\00458 - List of Subcontractors.doc Rev. 05/01 J SECTION 00510 - Notice of Award.doc BOARD OF COUNTY COMMISSIONERS �gIVER c O Z iFLORI�P Month Day, 2006 VIA OVERNIGHT DELIVERY J Persons Name J Vendor name Vendor address J City/State, Zip J NOTICE OF AWARD i l Reference: Indian River County Bid # XXXX Project Name J Dear Mr. , ] I am pleased to inform you that on XXX 2006, the Board of County Commissioners awarded the above referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1 . Performance Bond in the amount of 125 % of the contract amount. ($X)C,XXX.00) 2. Payment Bond in the amount of 100 % of the contract amount. ($X)C,XXX.00) 3. Certificate of Insurance must name Indian River County as an additional insured and must provide for a 30 day )I Notice of Cancellation. 4. Aereement, execute the enclosed two (2) copies. J In accordance with section 255 .05( 1 )(a), Florida Statutes, you are required to execute a Performance Bond and a Payment J Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to this office at the address provided below no later than Date XX, 2006. Failure to comply with the established deadline for submittal of Jrequired documents may be grounds for cancellation of the award. In addition, enclosed are two copies of the Agreement. Please execute both copies and return them together with the 1 required bonds and Certificate of Insurance to the Purchasing Office. JThank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, 1 Jerry Davis, Purchasing Manager J cc: Project Engineer' s name, Department 1 General Services Department Purchasing Division J 1840 25'" Street, Vero Beach, Florida 32960•(772) 567-8000 Ext. 1416•Fax: (772) 770-5140 E-mail: purchasing @ircgov.com ] * * END OF SECTION 00510 - Notice of Award.doc 00510 - 1 FAPublic Works\Capital Prolects\SR AlA & CR 510 Tum Lanes_IRC-97010D DOCUMENTS 200607900510 - Notice of Award.doc Rev. 05101 SECTION 00520 - Agreement ( Public Works) JTABLE OF CONTENTS J Title Page ARTICLE1 - WORK. . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2 - THE PROJECT. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 JARTICLE 3 - ENGINEER . ... . . . . . . .. .. . .. . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . .2 ARTICLE 4 - CONTRACT TIMES . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . 2 ARTICLE 5 - CONTRACT PRICE. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 7 - INDEMNIFICATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 J ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS . . . . . .. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 J ARTICLE 9 - CONTRACT DOCUMENTS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 5 ARTICLE 10 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .6 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Works) 2006079.doc 00520 - 1 R\Public Works\Capital Projects\SR AlA 8 CR S10 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00520 Agreement (Public Works) 2006079.doc Rev. 0901 1 ' SECTION 00520 - Agreement (Public Works) J THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida , (hereinafter called OWNER) And Timothy Rose Contracting (hereinafter called CONTRACTOR) . OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth , agree as follows: ARTICLE 1 - WORK J1 .01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Roadway Improvements to SR At A and CR 510: 1 . Pebble Beach Villas ( Right) Turn Lane Improvements l 2. Vera Cruz ( Right) Turn Lane Improvements J 3. SR AIA Bi-Directional Turn Lane from Pebble Path to north of Spring Place 4. Treasure Shores Park ( Left) Turn Lane Improvements 1 5. Seaview (Right) Turn Lane Improvements J 6 . McLarty Museum ( Right) Turn Lane Imrpovement 7. Sebastian Inlet Day-Use Park (Left and Right) Turn Lane Improvements J 8. CR 510/Wabasso Island Lane (Right) Turn Lane Improvements 9. CR 510 Signing and Marking Improvements 10 . CR 510 Bi-Directional Turn Lane Imrpovements ARTICLE 2 - THE PROJECT 2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a Jpart is generally described as follows: Project Name: Roadway Improvements to SR A1A and CR 510 J County Project Number: 9701 J Project Address : SR A1A from south of Pebble Beach Villas to north of Sebastian Inlet Day- Use Park and JCR 510 from west of Wabasso Island Lane to east of Jungle Trail 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 J 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. 00520 - Agreement (Public Works) 2006079 00520 - 2 C:WnzippedtBID DOCUMENTS 2006079\BID DOCUMENTS 2006079\00520 . Apreemont (Public Worlts) 2006079.dm 9ev. 05/01 4. 02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed on or before the 365 calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions , and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 425 calendar day after the date when the Contract Times commence to run . 4 .03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the 1 General Conditions. The parties also recognize the delays, expense, and difficulties involved in J proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and l CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) , J CONTRACTOR shall pay OWNER $500.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete . ARTICLE 5 - CONTRACT PRICE J 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: : JNumerical Amount: $2 ,462 ,976.55 Written Amount: Two million , four hundred sixty-two thousand , nine hundred seventy-six dollars and fifty-five cents ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments J A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request at intervals not less than once each month as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218. 70 et. seq . 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. The OWNER shall retain ten percent ( 10%) of the payment amounts due to the CONTRACTOR until fifty percent 00520 - Agreement (Public Works) 2006079 00520 - 3 C:WnzippouNBID DOCUMENTS 200607MID DOCUMENTS 2006079100520 - Agreement (Public Works) 2006079.doc Rev. 05101 (50%) completion of the work . After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract J Documents . Pursuant to Florida Statutes section 218.735(8) (b) , fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. J B . Pay Requests . Each request for a progress payment shall be submitted on the J application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification . All progress payments will be on the basis of J progress of the work measured by the schedule of values established , or in the case of J unit price work based on the number of units completed . After fifty percent (50%) completion , and pursuant to Florida Statutes section 218. 735(8) (d) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 .05(2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is J attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218 .735 (8) (c) (2005) , CONTRACTOR further acknowledges and agrees that: 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion ; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. C. Paragraphs 6 .02 A and 6 . 02 B do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment l and retainage provisions shall be governed by the applicable grant requirements and J guidelines. l 6 . 03 Acceptance and Final Payment J Upon receipt of written notice that the work is ready for final inspection and acceptance , the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed , the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed , and acceptance by the OWNER under the terms and the condi- tions thereof is recommended and the entire balance found to be due the CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment . J6. 04 Acceptance of Final Payment as Release 1 00520 - 4 00520 - Agreement (Public Works) 2006079 C:WnzipOecRB10 DOCUMENTS 200607MID DOCUMENTS 2006079W0520 - Agreement (Public WOMB) 20060]9.aoc Rev. 05/01 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 the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment , however, final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 ( Indemnification) of the General Conditions to the Construction Contract. l ARTICLE 8 - CONTRACTOR 'S REPRESENTATIONS J 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 have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General 1 Conditions. J E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having J done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques , sequences, and procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques, sequences, and procedures of construction, if any, expressly required by the J Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations , explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and 1 conditions of the Contract Documents . J 00520 - Agreement (Public Works) 2006079 l 00520 - 5 !II C'WnzippecNBID DOCUMENTS 2006079\13ID DOCUMENTS 2006079\00520 - Agreement (Public Works) 2006079.doc Rev. 05/01 G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests , studies , and data with the Contract Documents. I . CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ] ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following : J 1 . Section 00520 — Agreement (pages 00520- 1 to 00520-8, inclusive) ; J 2 . Section 00610 — Performance Bond (pages 00200- 1 to 00200-5, inclusive) ; J3. Section 00612 — Payment Bond (pages 00612- 1 to 00612-5, inclusive) ; 4. Section 00620 — Sample Certificate of Liability Insurance (page 00620- 1 ) ; 1 5 . Section 00622 — Contractor's Application for Payment (pages 00622- 1 to 00622-3 , J inclusive) ; 6. Section 00630 — Certificate of Substantial Complete (pages 00630- 1 to 00630-2 , J inclusive) ; J 7. Section 00632 — Contractor's Final Certification of Work (pages 00632- 1 to 00632-2 , inclusive) ; 8. Section 00634 — Professional Surveyor and Mapper's Certification (page 00634- 1 ) ; 9 . Section 00700 — General Conditions (pages 00700- 1 to 00700-47, inclusive) ; 10. Section 00800 — Supplementary Conditions (pages 00800- 1 to 00800- 14, inclusive) ; 11 . Specifications as listed in the table of contents of the Project Manual ; ] 12. Drawings consisting of a cover sheet and sheets numbered 1 through 142 , inclusive, with each sheet bearing the following general title: Roadway Improvements to SR A1A and CR 510. 13 . Addenda (numbers to inclusive) ; 14. Exhibits to this Agreement (enumerated as follows) : ] a. Section 00100 — Advertisement (pages 00100- 1 to 00100-2, inclusive) ; b . Section 00200 — Instructions to Bidders (pages 00200- 1 to 00200-12, inclusive) ; Jc. Section 00300 — Bid Package (page 00300- 1 ) ; d . Section 00310 — Bid Form (pages 00310- 1 to 00310-8, inclusive) ; 1 e. Section 00430 — Bid Bond (pages 00430- 1 to 00430-4, inclusive) ; J 00520 - 6 00520 - Agreement (Public Works) 2006070 C:Wnzippe�ID DOCUMENT520060]MID DOCUMENTS 2006079\00520 - Agreement (Public Works) 2006079.Gac Rev. 05/01 f. Section 00450 — Statement of Public Entity Crime (page 00450- 1 ) ; g . Section 00452 — Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452- 1 to 00452-2 , inclusive) ; h . Section 00454 — Sworn Statement Under the Florida Trench Safety Act (pages 00454- 1 to 00454-2 , inclusive) ; i . Section 00456 — Qualifications Questionnaire (pages 00456- 1 to 00456-4, inclusive) ; ] j . Section 00458 — List of Subcontractors (page 00458- 1 ) ; k. Section 00510 — Notice of Award (pages 00510- 1 to 00510-2 , inclusive) ; I . Appendix A - Permits 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; 1 c. Change Order(s) . J B. The documents listed in paragraph 9.01 .A are attached to this Agreement (except as l expressly noted otherwise above) . J C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended , modified , or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10 . 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. ] 10.02 Assignment of Contract J 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 J effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. J10 . 03 Successors and Assigns 1 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and J legal representatives to the other party hereto, its partners, successors , assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00520 - Agreement (Public Works) 2006079 00520 7 C:WnzipPed\BID DOCUMENTS 2006079\130 DOCUMENTS 2006079\W520 - Agreement (Public Works) 20060]9.tlx Rev. 0501 :10 . 04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida. l [The remainder of this page was left blank intentionally] J J J J J J J J 00520 - Agreement (Public Works) 2006079 00520 - 8 C:WnzippeNBID DOCUMENTS 2006079\BID DOCUMENTS 2006079\00520 . Agreement (Public Works) 20D6079Aoc 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 July 18, 2006 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : INDIAN RIVER COUNTY pseph . e er, Cha' n (Contractor) JB (CORPORATE SEAL) ounty Admit istrator Attest APPROVED AS TOFOR ND LEGAL SUFFICI NCY: wi't:, By: r 11 f i liam G . Collins, II CountyAttorney Address for giving notices: rp " . . . . . . ... Hd R t; Jeffrey K. Barton , C Court A : R ^ ,; r- $ License No. C GC �� q �Q Attest: /d S/a� i _" (Where applicable) Deputy;Cterk ' (SEAL) Agent for service of process: t I in 1 Designated Representative: Name: Janet B. Dunlap P. E . DesignatRe(�{esentative: Title : Protect Engineer Name: _ I Iffl ►t'Aw 0 l 1840 25th Street Title: J Vero Beach , Florida 32960 Address: /5&0SL6 �� d- Ye / (561 ) 567-8000, ext. 1510 _ J Facsimile: (772) 978- 1806p _- Phone: ? 2- (ot/- Indian River County Approved DateFacsimile: a- 510 Administration (If CONTRACTOR is a corporation or a Budget 91114(apartnership, attach evidence of authority to sign . ) Co . Attorney y� 1 Risk Management _ J Department ( I Division * * END OF SECTION J 00520 - 9 00520 - Agreement (Public Works) 2006079 CWnzippeNBID DOCUMENTS 201 DOCUMENTS 2006079W)0520 - Agreement (Pudic Works) 2006079.tloc Rev. 05/01 1774029 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2064 PG : 614 , 08 / 04 / 2006 01 : 30 PM PUBLIC WORKS BOND THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND l ISSUED IN COMPLIANCE WITH CHAPTER x255.05 FLORIDA STATUTES, J BOND NO. 533076P CONTRACTOR NAME: Timothy Rose Contracting , Inc . CONTRACTOR ADDRESS: 1360 SW Old Dixie Hwy , $ 106 Vero Beach , FL 32962 CONTRACTOR PHONE NO. p72 )� 564 - 7800 SURETY COMPANY: Developers Surety and Indemnity Company 150 Snuth Pine Island Road Ste 510 Plantatinn , PT 27ii94 q54 - 6 4 - 0 70 OWNER NAME: Rnarri of f' nnnty rnmmisainnars Tndian River OWNER ADDRESS: County 1840 25 Street Vero Beach , FL 32960 OWNER PHONE NO. (772Y564 - 7800 OBLIGEE NAME:(If contracting entity - is different frem the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO. BOND AMOUNT: er ormance i 9 £,-CT9 Ment CONTRACT NO. (If Applicable) DESCRIPTION OF WORK: Roadway Improvements to RR AIA & CR510 PROJECT LOCATION: Vero Beach , FL LEGAL DESCRIPTION: 1 FRONTPAGE II (ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY PAGE NUMBERS THAT MAYBE PRE-PRINTED THEREON) ATRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK d $K : 2064 PG : 615 1 Bond 533076P SECTION 00610 - Performance Bond j J ` KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Timothy Rose Contracting , Inc . 1360 SW Old Dixie HWY , # 106 , Vero Beach , FL 32962 772 - 564 - 7800 (Contractor), , as Principal (Insert name, Principal business address, and telephone number of Principal/Contractor) and Developers Surety and Indemnity Company 11 _ Bout Pine Is an R0a , Ste 0 , Plantation , FL 33324 a& Surety, a corporation, (Insert name, principal business address, and telephone number of Suram are held and firmly bound unto the County of Indian River, Florida, 1840, 25th Street, Beach, Florida 32980, (5611 -567-8000), Vero in the sum of yi e Hun r Nine h � � SA� �nd One Hllndr ®dIlarS ($ 990 , t i5 , xg our heirs, executors, administrators and assigns, jointly and severally, for thea faithfulerformsuwe Dina an e of a certain written Contract, dated the day of entered Into between the Principal and the County of indian River, for. Bond Number. 533076P Project Name: Roadway Improvements to SR AIA and CR 510 County Project Number: g701 Project Address: SR AIA from south of Pebble Beach Villas to north of Sebastian Inlet Day-Use Park and CR 510 West Of WabBssO Island Lane to Project Description : Ro dwayfrom Improvements to SR AIA and CR 510 est of Jungle Trail Including Right Tum Lanes and Bi-Directional Tum Lanes A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. 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. TNS OF THIS OBLIGATION Principal shall E nOall Ere respects Cco p1 y1 with the terms and conditions of aidUContract to aIt nd obligations thereunder, Including all of the Contract Documents therein referred to and made a ns s may be made in the ops thenen provided oreof, and such r, and oshall indemnify the County of find Drawings River as set forth in the Contract, in the execution or performance of said Contract, and further, if the Principal shall Promptly make payment 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 River may be obliged to pay for the completion of said Work , by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees 00610 - Performance Bond 200e079.doc .w.oe•: Wr m9,eonu� My_n.:PR ,vA e. CRS I D Tum ,®,5_ Re-J;oFBm ooOCU nENrS zoOEnR,,a06�a . oerten„arc'n 9me zCUBOI9.[kc WN. u'Y.1 rm. wvacabn...r '�:aua^ Zd t38BLb99ZLL ONUOVNUNOO 350? AH1oW11 dL0:£0 90 bZ Inr A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2064 PG : 616 (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amourrts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising 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 or work done, as aforesaid or otherwise. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond . Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same , shall in any R® way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several . seals, this 1 day of August 20 06 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned 1 representative, pursuant to authority of Its governing body. / 44N4fN,144YH4TI4N1M4w11HfY4M4NYNNN1f4fNNYTNTwf4Y44w4R414,wYTe44,4wMNl4NMT4NN,Y4f N4NY4 J WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, seated and delivered In the presence of. Witness Signature of Individual Address Printed Name of Individual � q Witness Address [ P, NYY»Y.w,..:,.»,, .,..,f.,4,., w, .,,,T..,N4».f...,»w The remainder of this a9e was left blank intentionall ] 00610 - 2 00610 - Performance Bond 2008079.oec G 1'U We WUM_KIOiYWI F 1r4ui1'SH Al A & Cn 310 Turn Lm'!:, IPG5:ntlele ]OG::IAFiITS 20fb0]9Y)D515 - Prr11n,IM00tl &in0 ee05D]O.rnc F4+. D'ar01 £'d 888Lb95ZLL 01\1I10V2i1N00 3SOL1 AHIOwll din:rn on �> Ink, ATRUE COPY CERTIFICATION ON LAST PAGE JX BARTONe CLERK BK : 2064 PG : 617 WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: p Signed, sealed and delivered in the presence of: d Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address JwNN4aMN1NMN11MwNN4NaN4MNw11RNMafr•,raawNffaV NV NYefafMVwNMfaNyyaW 1NMaNMNAfIMYfN1t WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name Df Partnership BY: Address Partner JPrinted Name of Partner Witness (SEAL) Address 1RS11wyllrlw Na NllNfyry NINNwI4w,rNIeFw N1N41Mf1awNRi4lfyf Nfl11N1NfYMwN1NMYMNNwIa1N4N1NGNaYf l [The remainder of this page was left blank intentionally] I 00610 - Perlov once Bo d 2006079.dm 00610 - 3 Jr .1114r won; uIn;wr"'pcixskniae ;9 srormr Win.. rr:eszm%oru oocumernszousmmunam acric,rrneemezocee&e� raw. rm V d B88Lt7%ZLL ONUOVIJNCO 35021 AH-LOM-L dLn:cn on y7 rnr 1 ATRUE COPY ! CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2064 PG : 618 WHEN THE PRINCIPAL IS A CORPORATION: ti Attest: Timothy Rose Contracting , Inc . Secretary Name of n FB (Affix CuPpgrStg�gF ' ' Tim Rose President 2rn ; v . r Printed Name,•., OfficialTftle President liriC JCERTIFICATE AS TO CORPORATE PRINCIPAL lcertify that 1 em the Secretary of the corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal was then Of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest � Developers Surety and Indemnity Company Sr14taYtx Wit s Corporate Surety 150 uth Pine Island Road , Ste 510 P ?a t t dn .dress 33324 o ert Ba rpora a }-- ! J _ lI Attome -in- act Robert Barra Name of Local Agency Bob Bara Bonds , Inc . 9373 West Sample Road , Ste 206 Business Address Coral Springs , PL 33065 [The remainder of this page was left blank Intentionally) �7 DD6ID Porlo;mance Bontl 2006D79.tice lII 77OO F'3'uOilc Wpkb•Caili Fi,tiMS•$R4] AA Cq SIO tum l OnaSIPC-9�t ,t&pDIXtpgENI51CCE0)Ot3a6101':wna:.[e Hmtl Yegip)9(k;e Ruw OSgt 9d 989Lb8SZLL SNUOVUN00 J 3S0b dtp:cn qn 177.177. mr A'� �OPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK BK : 2064 PG : 619 STATE OF FLORIDA S COUNTY OF INDIAN RIVER Before me a Notary Public, duly commissioned, quallfied and acting, personally appeared Robert 13arra to me well now who bain b r e first quly sworn upon oath, says that he is the attorneoy-in-fact for Pe p rs an d that he has been authorized by Attache Power o acute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 1 day of August 20 06 eLOFU J. MCA A7N , r MY COMMISSION A OO 133977 1. i EXPIRE& May 26, 2009 NotaryPublic, State ofFlorida Nomy PWblxgn . My Commission ••.•. G Me1*Y•ryf Mhttl*1R•�e•f',1*'!f•*'• YF+,•ta NnMfM1fIH•••hfr wf ll.•4YI• • t1•MIItfM�Y�k*l4•fi•,r1/l� 1'•**•f„•1„• Any clalms under this bond shall be addressed to: Name and address of.Surety: Developers Surety and Indemnity Company 150 South Pine Island Road , Ste 510 Plantation , FL 33324 Name and address of agent or representative in Florida J if different from above: I Robert Barra 9373 West Sample Road , Ste 206 Coral Springs , FL 33065 l Telephone number of Surety and J agent or representative in Florida: 9f 54 ) 693 - 0270 * ` END OF SECTION l J ® n1. 1 00670 - Performance Bond 2006079.6m pcPJ'11pf. •NOlcstC0y01 Pr<yh:Ir;SN \ � r. �61Q - J Ralp duo lc�ps_In(.'-9ipt�0ln OOCpNENTS20pap1PJ1pfi10 - Pe+omanca E0002NW)U.MG qov. pp.01 gd B@8Lb9CZ/ � J A TRUE COPY J CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2064 PG : 620 Bond 533076P SECTION 00612 - Payment Hond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND , we Timothy RoseContracting , Inc , it wy . , aro sac _ (Corttractor}, as Principal (Inert name, Principal business address, and telephone number of PdneipapCorttractor) - and Developers Surat and Indemnity Compan 1 Sout Pine Island Roa , Ste P antation , FL _ as Surety, a corporation, (Inert name, Principal businees address, and telephone number of surety) are held and firmly bound unto the County of Indian River, Florida, 1640, 25th Street, Vero Beach, Florida 32960, (567 -567-8000)3 inthesumof Seven Hundred Ninety Two Thousand Dollars ($ 792 , 092 . 6 maty Two uo ars Mqyi t of said sum we bind ourselves, our Of a certain wt riftn81 administrators and a ens, jointly and severally, for the faithful performance Of a certain written Contract, dated the day of entered into between the Principal and the County of Indian River, for. 20 _, Bond Numbsr: 533076P Project Name: Roadway Improvements to SR Al and CR 510 County Project Number. 9701 Project Address: SR A1A from south of Pebble Beach Villas to north of Sebastian Inlet Day-Use Park and CR 510 'Jul" west of Wabasso Island Lane to east of Jungle Trail Project Description: Roadwaylmgrovements to SR Al A and CR 510 I9011_tdin1R(ght Tum Lanes and Bi Directional Turn Lanes A copy of said Contract is incofporatad herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void, otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1 . A claimant, as defined in Florida Statutes Section 255.05( 1 ), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract. 2. Florida Statutes Section 255.05 (2005), as amended from time to time, together with flit notice and time provisions contained in Florida Statutes Section 255.05 (2002) , is incorporated herein in its entirety by this reference. 00612 - Payment Hand 2ocao79.dnc f:JYrtic ''/.'yN9tin,.yr Pr•,�e=WLSP AIA A 00612 - 1 G'fl Glq faro Lvms.rliG4]I111a10 OOCUaEMi9 20J6W9bpfi V - PeW4111 Bona 20GEi M.tluc flay. 0S 1 L d BB8Lb99Z/ / A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK • SK : 2064 PG : 621 J The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, , alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this J Bond,and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the Work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A' and Financial Size Category of Class OX". The 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. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, which the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally] J f l J J oo612 - Payment Boos-` 2006077 doo J - oa61zz f 'Visr Yrel'n Ldp ✓. F^90}y sA r.t. L ':F cl n im, Nnpa IB[%9'N 1'.!ilJ n00612IF ;OOGma•no612 - i:'H'nem aoe0 2OM79 MC Mw ofwl H 000reoczn 0NI10V'd1N00 3SOb AH10WI1 dZO:£0 go 4Z Inr A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK EK : 2064 PG : 622 J IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seats, this 1 day of August ; Z006, 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. IMMaMMIMtkIHal.ofM}rMMMaa1f\!R.'1.MNIIf,1'!Y`.nMuwll'I+walHreeffM1ef11Mf.MMa.nRN.w.Y1w+, .vMMYIO WHEN THE PRINCIPAL 18 AN INDIVIDUAL: Signed, sealed, and delivered in the presence of: Witness, Signature of Individual Address Printed Name of Individual Witness Address fNiMwMwrAMNllMaalYtY'MMiMaa Y1f fN1}1i1Y1Nw.fMNrM1M}aYNIhRfIrRMIMYY.wM}M.iLMfYtMYaYf i,rtMrR J WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE J N.JgiE: Signed, sealed and delivered in the presence of: Witness Name of Entity BY: Address Principal Printed Name of Principal Witness (SEAL) Address llwt.w.IMMYM}iaeawfa}aNalaw.}MRRMMMf Mwe1/raM'YfMaftififflRR.MIMlYR4fIMMfMfY.H.iM.MMMwfHF. WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner 00512 - Paymem Bond 2C408M.doc OOet 2 - 3 1 f nh' nlp WMs`41y�1411'rop LrSP �,A B GP filo T rLnnss_IPUP]Of,SIC UOLYIAlENT3200fi0]pOGB12 - PeYnen, BdW ROOBOl9tloc Rev. YEMt1 J � 6'd BBSLb9SZLL ATRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2064 PG : 623 J Printed Name of Partner Witness (SEAL) Address e,MiM1fIMM11fMMYMrt'MITTMYiOTa M'fIIMIMMafaeoAfa",MRMiaRMaRIaIMMMIRIYYM1MTf fakaTYRfia MFFM1,! WHEN THE PRINCIPAL IS A CORPORATION: Attest: Timothy Rose Contracting , Inc . Secretary Name of Corporation ; C I �A)C BY: (Affix Corporate '•y'#EQ{ �tn " J cj Tim Rose f; • ' ....• •', ' , Printed Name President - Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL 1 + I , certify that l am the Secretary of the corporation named as J I Principal in the within bond; that who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature thereto Is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body . JSecretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Arte Developers Surety and Indemnity C,ompany . , ; '... x fitness Corporate Surety J _ 150 S th Pine Island Road , Ste 510 Business Address Plan324 BY: --ti ra Attorney in Fact _ DOM - Payment Uwd 2006070.docr' 00612 4 - PrvN:rNn;&tvy:cal v,nysT.,gq nL: n cli sn ,om tnn•r_mc-^,nneT b006112 4 P.pOHf9ppp61) - L•oymttll entre 2aG6offiavc Hev. 05,0. ofd 88BL495ZLL DNUOV2UN00 3SOJ ).HlOWil dcn:m an n7 Jnr ] A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON. CLERK EK : 2064 PG : 624 J (Affix Corporate SEAL) Attorney-In-Fact Robert Barra Bob Barra Bonds , Inc . rn of�ecelp,gam�rle Road , Ste 206 Coral Springs , FL 33065 Business Address J 3 . STATE OF FLORIDA COUNTYOFINDIAN RIVER JRobert Be Noah Pubfio, duly commissioned, qualified and actin to me well o e personally appeared says that he is the attorne in-fact for the e who beinSg bry me first uiy sworn upon oath, J eqe o ars u et an authonzedby Attache of ne mnQru��-`�° a �, ndthat hehas been CONTRACTOR named therein in favor of the Country orn If the f()rsgc4ng and onb behalf o a id swoto before me this 1 day of August 1 20 eLORW d MCMATH da J My CotnmisslonExpires: = MY COMMISSION M DD433977 . . Bu bC llw No" PutiY[INWrMtlbn _ • YYY1Yk*NYfYINY*/eY„1MYN*Y!*NNYYYw'YfY!*MYfY � /�%///�//// ' lYYIY fYNkR*YY!*YYiMIM *YYNNYINYNfY Any claims under this bond shall be ad to: Name and address of Surety: Developers Surety and Indemnity Company 150 South Pine Island Road , Ste 510 JPlantation , FL 33024 Name and address of agent or representative in Florida If different from above.- Robert bove:Robert Barra 1 9373 West Sample Road , STe 206 J Coral Springs , FL 33065 Telephone number of Surety and agent or representative In Florida: ( 954 ) 693 - 0270 J � Y END OF SECTION * I9u=itlle K4Y>'�fMm liepelelSB J . -q;.ftWM c0612 - Payment Bond 2006W9.doALjRSIOrumLa,,. 0,002 . 5 00CA1EOWT008@ � g, mel d 2=MS tl Rev pygl Lld B99L499ZLL A TRUE COPY ] CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK DK : 2064 PG : 625 Bond 5330762 POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 www ItiscoDico.com KNOW ALL MEN BYTHESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, co mend Jand appoint * * * Robert Barra ** * u its no and lawful Attamcy(s)-in-Fact, to make, execute, deliver and acknowledge, Intend on behalf of said corporation as emery, bonds, undertakings end contraaa ofsuretyship therewith as the giving and nog unto said Attomey(s}in-Pett fall power and authority m do and to perform every set necessary, requisite or proper to be done in l corporation could do, but reserving to the corporation full Power of substitution and revocation cod all of the acts of said Ahomey(s)-in- JFact, puawnt to these Prcienis, are hereby ratified and confirmed. This Power ofAttomcy 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 effaxive 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 m execute Powers of Attorney, qualifying the Anomey(s)-in-Fact named in the Powers ofAttorney 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 ofany such Power of At o icy; RESOLVED, FURTHER, that the signal = of such officers my be affixed to arty such Power ofAttorney, a many certificate relating thereto by facsimile, and any such Power of Attorney orcertificambearing such facsimile signatures shall be valid and binding upon the corporation when m affixed and in the future with respect many bond, undertaking or convect of suretyship in which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY baa mused di se presents to be signed by its respective Executive Vice president and attested by its Secretary this kat day of December, 2005. AND AND M^w By: aeyJQQ'pPOgq"�!°y6 David H. Rhodes, Executwe Vice-president aa " .` o ee I OCT. tF ':<r} a o. q Ems 10 I jot _ sotr 1936 '03 d By. °esa9d�•w,lOW h ,✓'�,,aD°�� WalmrA. Crowell, Secretary STATE OF CALIFORNIA � t COUNTY OF ORANGE r f ) On December 1. 2005 before me, Gina L. Gamer, (here insert name and title of the officer), Personally appeased David H. Rhodes end Wa)terX Crory�ll Personally known to me (or proved m me on the basis of satisfactory evidence) to be me person(s) whose name(s) islare subscribed to me within ' rs ' acknowledgedttibe tanT : - o be that of executed the same in hiwhahhetr meat. ed cepncity(iesk and that by his/ha/their signanue(s) on the uisbumebt B>e pdsmdck•; mdie entity upon behalf of which the person(s) acted, executed me instrument. JWITNESS my hand and official seal. GINA L. GARNER J COMM. tY 156$561 Signature (SEAL,) NDTARP PUBLIC CALIr-0RMA ORANGE ODUNTY ootata. 13, 200 CERTIFICATE J The uodcraigned, as Assistant Secretary, of DEVELOPERS SURETY AND IXTTDEMNITY COMPANY, docs 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 six forth in the Power ofAttomey, is in force as of the date of this Certificate. This Catificerc is executed in the City of Irvine, California, the 1 day of August 2006 B STATE RI COUNTY INDIAN RIVER GOUN Y THIS IS TO CERTIFY THAT THIS IS A Albert Hillebiard, Assistant Secretary TRUE AND CORRECT COPY OF THE M-1438 (DSI) (w. loos) ORIGINAL ON FILE IN THIS OFFICE. K. BARTON, CLERK ( tk ' BY - DEPUTY CLERK ...... ' .`� DATE From: Tani At: Stuart Insurance, Inc. FazID: 772-286-9389 To: Indian River BOCC Date: 81 1O:23 AM Page: 2 of 3 scow. CERTIFICATE OF LIABILITY INSURANCECSR TT DATE (MWDDNYYYI TIMOR-1 08 /08 /06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stuart Insurance , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3070 S W Mapp ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm City FL 34990 Phone : 772 -286 -4334 Fax : 772 -286 -9389 INSURERS AFFORDING COVERAGE NAIC it INSURED INSURER A: Worth Pointe IIIc CO Timothy Rose NsuRER e: The Hartford 22357 Contracting , Inc . INSURER C'. & Haulin Trash Inc . B=Lay.:L.La cePLAs.:s xne . c> . 1360 Old Dixie Hwy SW INSURER D: Vero Beach FL 32962 INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BEOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING PNY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE (POLIC MMIODM') DATE IMMIPOLICY DD;W) LIMITS GENERAL LIABILITY EACH OCCURRENCE 81 , 000 , 000 A X COMdERC1ALGENERALLIMI-ITY 2094099607 06 /06 /06 06 /06 / 07 EEMISES (Ee occuu nce) $ 100 , 000 CLAIMS MADE Fx� OCCUR MED EXP (Any one oerson) $ 5 , 000 PERSONAL B ADV INJURY $ 1 , 000 , 000 GENERALAGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 POLICY 7PRO- ECT E0. LOC 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT JIII B XIANYAUTO 21UENW4328 06 / 06 /06 06 /06/07 (Ed 81 51 , 000 , 000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY X NONOWNEDAU (Per eccie6M) $ AUTOS (Per PROPERTY DAMAGE $ (Per aGodent) G)%RAGELIABILITY AUTO ONLY - EA ACCIDENT $ My AUTO OTHER TiAN EAACC $ AUTO ONLY: ASG 3 EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ 2 , 000 , 000 A X7 OCCUR ElCIAIMS MADE 2094107913 -02 06 /06/06 06 /06 /07 AGGREGATE $ 2 , 000 , 000 8 DEDUCTIBLE $ J RETENTION $ $ WORKERS COMPENSATION AND X TORYLIMITS I IOE'R C EMPLOYERS' LIABILMY 0830 28562 02 /01/06 02 /01/07 E.L. EACH AGODENT $ 100000 ANY PROPPIETORIPARINERlEY.ECUTIVE OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 100000 IT vves, Cesonbe under S. ECIAL PROVISIONS below SEL. DISEASE - POLICY LIMIT $ 500000 OTHER A 2094099607 06 /06 /06 06 / 06 /07 Renied 50 , 000 Equmeat 58 DED DESCRIPTION OF OPERATIONS ! LOCATIONS I VEHICLES I EXCLUSIONS ADDED BV ENDORSEMENT I SPECWL PROV1910NS Grading of Land/Site Prep - State of Florida RE : Indian River County Project lI 49701 , Roadway Improvements to SR ASA & CR 510 . 7 CERTIFICATE HOLDER CANCELLATION 1 IRBLDEP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION J DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MNL 10 DAYS WRTr1EN Indian River Board NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Burr FNLURE TO 0060 SHALL of County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER TS AGENTS OR l FAX : 772 - 978 - 1812 J 1840 25th Street REPRESENTATIVES. Vero Beach FL 32960 AUTHORISED 5 ESE TA JE 1 ACORD 25 (2001108) (d ACORD CORPORATION 1988 J SECTION 00622 - Contractor's Application for Payment.doc Application for Payment No . For Work Accomplished through the period of through To: Indian River County (OWNER) From : (CONTRACTOR) Contract: Project: Roadway Improvements to SR Al and CR 510 OWNER's Contract No . 9701 . ENGINEER Indian River County Public Works Department. ENGINEER's CONSULTANT. Kimley-Horn and Associates , 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 : y 4.a Percentage of Work completed to date: % J 4. b Total Work completed to date: $ 4.c Total equipment and material stored to date: $ (1 ) 4. d Total Work completed and stored to date: (4.b plus 4. c) $ 5. Retainage (per Agreement) : 5. a 10% of completed Work (0 . 10 x 4 . b) : 5.b 20% of stored equipment and material (0.20 x 4.c) : 5 .c Total Retainage (5.a plus 5.b) : $ 6. Total Work completed and stored to date less retainage (4.d 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 , materialmen and suppliers except as listed below; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance) ; (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and Use Tax Act, as Amended) have been paid and discharged , and that I have no claims against the OWNER . 00622 - Contractor's Application for Payment 2006079.doc 00622 - 1 F\Public Works\Capital Projects4SR AlA 8 CR 510 Turn Lanes_IRC-9701\130 DOCUMENTS 2006079\00622 - Contractors Application for Payment 2006079.doc Rev. 05/01 Dated (CONTRACTOR) By: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires: NOTICE OF NON-PAYMENT. If one or more 'Notice of Non-Payment' or "Notice to Owner" is received by the OWNER, no further payments will be approved until non- payment(s) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The 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 ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE) : I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT / ENGINEER) SIGNATURE CERTIFICATION OF ENGINEER / 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 j above. Dated (ARCHITECT / ENGINEER) SIGNATURE Accompanying Documentation : y [The Remainder of Pape Intentional Left Blank 00622 - Contractor's Application for Payment 2006079.doc 00622 - 2 F:\Public Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701\1310 DOCUMENTS 2006079\00622 - Contractors Application for Payment 2006079.doc Rev. 05101 ..� i i u u I 1 1,1 t . i IBJ 1 1 1 i , J- U t—J UJ L_J l`J UJ L—J To : Indian River County (OWNER) From : (CONTRACTOR) Contract: Project: Roadway Improvements to SR Al and CR 510 Bid Schedule Percent Material Amount Completed Estimated Quantity P Item Unit Price Of Values Amount Complete No Quantity Amount Completed Stored and Stored 1 . 2 . 3. 4 . 5 . 6. 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15. 16. 17. 18. 19. 20 . 21 . 22. TOTAL AMOUNT [Note : Total Schedule of Values Amount should equal the current Contract Price.] * * END OF SECTION 00622 - Contractor's Application for Payment 2001 00622 - 3 F:\Public Works\Capital Pull AtA & CR 510 Turn Lanes_IRC-970t\BID DOCUMENTS 2006079\00622 - Contractor's Application for Payment 21)(1 .tloc Rev. 05/01 SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 JOWNER : Indian River County J CONTRACTOR- Contract: 1 Project: Roadway Improvements to SR AIA and CR 510 J OWNER's Contract No. ENGINEER's Project No. CONTACT FOR: Roadway Improvements to SR At A and CR 510 (Insert Name of Contract as it appears in the Bid Documents) ] This Certificate of Substantial Completion applies to all Work under the Contract Documents or l to the following specified parts thereof: J J J J To OWNER l And To J CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The 1 items in the tentative list shall be completed or corrected by CONTRACTOR within days 1J of the above date of Substantial Completion . J J 00630 - Certificate of Substantial completion.doc 00630 - 1 F\Public Works\Capital Projeots\SR AtA & CR 510 Turn Lanes -IRCDOCUMENTS 20060]9\00630 - Certificate of Substantial Completion.doC Rev. 05/01 The responsibilities between OWNER and CONTRACTOR for security, operation , safety, maintenance , heat, utilities , insurance and warranties and guarantees shall be as follows: OWNER :_ J CONTRACTOR: J The following documents are attached to and made a part of this Certificate: ] [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents . l Executed by ENGINEER on : (Date) . 1J ENGINEER : J By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date) . ] CONTRACTOR : J By: 1 (Authorized Signature) J OWNER accepts this Certificate of Substantial Completion on (date) . l OWNER : INDIAN RIVER COUNTY J By. (Authorized Signature) ` END OF SECTION 00630 - Certificate of Substantial Completion.doc 00630 - 2 F\Public Works\Capital Projects\SR AtA & CR 510 Turn Lanes_IRC-9701\610 DOCUMENTS 2006079\0063D . Certificate of Substantial Completion doc Rev. 05/01 J 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 J 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: Roadway Improvements to SR Al A and CR 510 INDIAN RIVER COUNTY PROJECT #9701 UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: ] Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that: 1 . CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632 — Contractor's Final Certification of the Work FAPublic Works\Capital Projects\SR AlA & CR 510 Tum Lanes_IRC-9701 \BID DOCUMENTS 2006079\00632 - Contractor's Final Certification.doc J 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 + + U LJ O00632 — Contractor's Final Certification of the Work a F:\Public Works\Capital Projects\SR A1A & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\00632 - Contractor's Final Certification.doc J SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER ' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by (insert name of CONTRACTOR) who is the CONTRACTOR for the following Project: Roadway Improvements to SR Al A and CR 510 INDIAN RIVER COUNTY PROJECT #9701 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [attach additional sheets as necessary] (SURVEYOR'S SEAL) CERTIFIED BY : Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name : Company Address: Telephone Number: + + END OF SECTION + + 00634- 1 F:\Public Works\Capital Projects\SR At & CR 510 Turn Lanes] RC-9701 \BID DOCUMENTS 2006079\00634 - Professional Surveyor's Certification.doc 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 l CONSTRUCTION CONTRACT J Prepared by ] ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and J 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 JConstruction 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 guidancein the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) ( 1996 Edition) . EJCDC No. 1910-8 ( 1996 Edition) D D D D 0 D D D D Copyright © 1996 JJJ National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council y 1015 15th Street N.W., Washington, DC 20005 JAmerican Society of Civil Engineers J345 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 . ... . .. ... . . .. ... . ... ... .. .. .. . . .. .... . .. . . . .... ... . .... ... ... ... . . ... .... . .. . . .. ... . . .. . .. . . . .. . .. . ...... . . .. . . . .. . . . .. . ..... . . . . . . ... . .. .. ..... ..... 8 ARTICLE2 - 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 ....... .... ............ . ... ..... ..... ... . ... .... . ... . ...... . .. . . ... .... .... ... ... .. . . . .. .. . .... ... . . ... . .. . . . .... .. .... ... .. ... ...... . ... . ... . 9 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 ............... . . . ... .... . .. .. . .... ....... . .. .. ..... . . ... .... ... . ..... . ... . . . . . . .. .. . .. .. . . . . .. .. ....... . . . .. . . . . ... . . ... .... . ..... . ... . . 11 3 .03 Reporting and Resolving Discrepancies . ....... . .... .... ....... ....... .... ... ... ... . .. . . . .. . . . ... ... ..... . . . ...... . ....... .. . . . ... ...... .... . .... 11 3 .04 Amending and Supplementing Contract Documents .. . . ... . 12 3 .05 Reuse of Documents...... .......... .. . ........ .... . .. . . ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS . .. . .... . .. ... ..... . ......... . .... .. . . ............ . .... ..... .... ... ... . ... . . .. ....... . ...... . . ..... . .. . .. . . ... ... . ... .... .. . . . . . .. ... . . ..... . . ... .... ...... . .... . .... 12 4.01 Availability of Lands ... ... ... . . ... . . . ... ..... ... .... . .... ... . .......... . . .. .. . . . .. . ... ... . ... . .. .... . .. . . . .... . .... .. . . .... .... . . . .... ........ . . .... . ..... ... 12 j 4.02 Subsurface and Physical Conditions ..... . ... .... ............... ... ... .... .. ...... ... ... . ... ... .... . .. . .. . . ... . . .. . . .... . . . ... ........ . . . ......... . . 12 J4.03 Differing Subsurface or Physical Conditions. . ..... . . . .. .... . .. . .... ... . .. ... ... . .. . . . .. . .. . .... . . .. . ..... .... . .... ... .. . . . ... ...... ..... . .... 13 4.04 Underground Facilities .. ..... ... . . ... . .. . . ... .. ... ... . ... .... ...... . . ...... . ... .... .. . . .. ..... . . . . .. . . . ....... .... . .... . .... . ... ... .. . .. ... . ..... . .... .... 13 4.05 Reference Points .... .. ................ . . ... . ... ..... . ... ... ........ .. .... . . . ...... . .. .... ... . .. . .. ..... .. . .. .. . . . ... . .. . . . .. . . . ... . . . . ........ ... . . .... . ..... . . 14 4.06 Hazardous Environmental Condition at Site . .... .. . . . ...... ....... .. .. .. . ... ... . .. . . .. . ...... .. . . .. . . .... ... . . . ... . . . . .. .. . ........ ..... . .... . 14 ARTICLE5 - BONDS AND INSURANCE ...... .... . ... . .... .... . ... .... . ... ... .. ...... ...... . .. . .. .. .. . . .. . .. ..... .. . . . . . . . . ... ... . . . .. . .... . . . . ... ..... . .. . . . . .. . . .... .. . 16 5 .01 Performance, Payment, and Other Bonds .... .... ... ....... . ...... . ... ...... . ... ... .. . . . .. . . . .. ... . . . .. . . . ... . ... . ... ...... .. . ......... . ..... .... 16 5 .02 Licensed Sureties and Insurers . ... . .. ..... . . 5 .03 Certificates of Insurance. . ........ ..... .... . ... . . ... ... . .... .. . . . .. .... ...... . . . ... ... . .. . .. ..... . .. . . . . . ... . . .. .. . ... ..... . . .. .. . .... . ... . . . ... . . . ... ... 16 5 .04 CONTRACTOR 's Liability Insurance ..... ... .... .... .. . . ....... ........... .. ... . ... .. . .... .. . .. .. . . ... . . .... . ... ..... . .. . .. . ...... ..... ..... ..... . 16 5 .05 OWNER 's Liability Insurance . . .. . ... . . .. . ..... ... . .. . .... .... ... . ..... . . ...... . .. ...... .... . .. . .. . ..... . . .. . . .... ... . . . .... .. ... . . .... ...... . ..... .... 17 5 .06 Property Insurance .. . ... ... . ....... . . . ... . ... .... . . .. . ... . ... ... . ...... . . .. .. . . . .. . .. . .. . . .. ... . .... ... . . ... . ... . . . . . ... . .... . ...... . ... . . . .. . . . ... . ..... . . .. 17 1 5 .07 Waiver of Rights . . . ..... . ... ... . . . .. . ....... . .... .... . . .. .... . . .. . . . . . .. . .... ... .. . .. . . . .. . .. . . . . . . .. .. . .. . . .. . . .... ... . . . ... . .... . . . . .. ... ... ... .. . . . .. . ... . . . . 18 Jl 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 . .. . . .. . . .. . . .. . . .. ...... . . .. .. .. . .. .... . .. . . . . .. . .. . . . . . .. .. .. . . . .. . . .. . . . . . . . . .. . . . . . .. . . . ... . .. . . . . . ... . . .. . . . 20 6.04 Progress Schedule.. .. . . .. . .. . . ... .... . . .. . ... . ... . . .. . . .. . . .. . .. . . . .. .. . . ..... .. .. . . .. .. . . . . . . . . . . . . .. .. . .. : . . . . .. . . .. . . . .. . . . . .. . . . . .. . . . .. . .... .. . . .... . .... 20 6.05 Substitutes and " Or-Equals .. . . ... . .. . . .. . ... . . .. . . .. . .. . ... . . .. .. .. ... .. . . . . . ... . .. . .. . .. ... . . .. . . . . . .. . . . .. . . . . . . . . . . . . .. . .. . . .. . . . ... .. . . ... . .... . . ... 21 6.07 Patent Fees and Royalties . . . .. . . .. . . .. . ... . ... . ... . . .. . .. . .. . . . .. . . . . . .. .... .. .. . . .. .. .. . . . ... .. .. . . .. ... . . . . . . . . .. . . . . . . . .. . ... .. . . . . . .. . . . . .. . . . ... . . . . 23 00700-3 Standard General Conditions of the Construction Contract PROJECT 6.08 Permits . ... . . . .. . . . . .. .. . . . . . . . . . .. . .. . . . . . . .. . . .. . . .. . .... .. .. .. .. . . .... . . .. . ... . . ... . . .. . .... . ... . . . .. . . . . . .. . . ... . .. . . . .. .. . . . . . . .. . . .. ... . .. . . .. . . . ... . ... . . .... . 23 6.09 Laws and Regulations .. ... . . .. .. . . . ... . . .. . ... . . .. ... . . .. ... . . ... . . .. . .. . . . .. . .... .. ... . .. . . . . . . . . . ... . . . . . . . . .. .. . . .. . . . . . . . .. .. . .. . . .. . . ... . .... .... . .. ... 23 6. 10 Taxes ..... . . . . . . .. . . .. . . . . ... . . ..... . . . .. . ... . . ... ..... .. . . .. .... .. . ... .. . . ... .. . .... .... .. .. . .. . . . .... . . ... .. . .. . . . .. . . . . . ... . . . . ... . . . .. . . . . . . . .. . . ..... .. . . ... . . . .. 24 6. 11 Use of Site and Other Areas . .. . .. . .... ... . ... ... .... .. . . .... . . . .. ... . . .. . .... . .... ... ..... . . ... . . . ... . .. ... . .. ... . . . . . . . . . . . . .. . .. . . . . . . . . .. . .. .. ..... . . 24 6. 13 Safety and Protection .... . . . . . .. . .... ... . .... .. . . .... . . .... . . . ... . . . . .. .. .. . .. . . ... ..... ... . . . .. . . . ... . . . . .. . . .. . .. . . . . . . . . . . .. . .. . .. . ... . ... . . .. . ..... . . ... . 24 6. 14 Safety Representative . . .. .. ... . .. . . .. . . . . . . ... .... ......... ..... . . . .. ... . . .. . .... ... . . ... ... .. . .... . . .. . . . .... . . .. . . . . . . . . . . .. ... .. .... ... . ... ..... . . .... . ... 25 6. 15 Hazard Communication Programs . . .. . .. . .. .. .. ... . .. .. . . . .. .. . .. .. . .... ... . . ... . . ... . . . .... . . . .. .. . . . . .. . . . . . . . .. .. . ... . . .. . . . ... . . . .. . ... . ...... . 25 6. 16 Emergencies .. . . . ..... . . . . . . .... .. . ... . ... . .......... . ... .. . . ........ .. ..... .... . .. . . ... . .... . .. . . . .. . . . . ... . . ... . . ... . . . . .. . .... . .. . .. . .. . . .. . . .. . . ... . . ... ...... 25 6. 17 Shop Drawings and Samples . . .. . . . .. . . .. .... ........ . . ..... . . .. ... . . ...... . . . . . .. .. .... .. .. ... . ... . . ... . . . .. .. . .. . ... .. . . .. ..... . .... ... .. ... . . . ... . ... 25 6. 18 Continuing the Work . .. . .. . . . ....... . ... .... . .. . . ..... . .. .... .... .. ... . .. . . .. . .... . ... . ... .. ... . . .... . .... . .. . .. .. . .. . .. . . .. .. . . . . .. ..... ... . ........ . ...... . 26 6. 19 CONTRACTOR 's General Warranty and Guarantee. . ... .... ... . . ... ... . . . .. . . . . ... . . ..... . .. .. . . . . . .. . .. . .. .. ... ...... ... . ... ..... . ..... 26 6.20 Indemnification .. . . .. . . . .. .. .. .... .. . ..... .... ... ...... . . ..... . ..... . ... ... . ... . ... . . .. . . ... .... . . ... . . . ... .. .. . . . ... .. . .. . .. . ... .. .. . . .. . ... ... ... ... . .... . . ... 27 ARTICLE7 - OTHER WORK . ... . ... .... .. . . ....... .... . ... . ........... ..... .... ....... ... ... .... .... ... . . .... ... . .... . . . ... .. . .... . .. .... .. . .. . .. . .. . .. ... . ... .... .. ....... .. ..... 28 7 .01 Related Work at Site.. . .... . ............. ... . ............... ..... . . ... . ... ... . ....... .. .. ............ . ... . . .. . . . ... . . . .. . .. . .. ... ... ... . .... .... ... ....... .... 28 7.02 Coordination . . . .. .. . . .. . .. .. .. . .. ... .... ..... .... ... . ..... . ...... .. .... . .. .... ... . . ... .... . ... .. .... . .... ........ .. . . . . .. . . . . . .. .. . .. ..... . .... .......... ...... .. 28 ARTICLE8 - OWNER'S RESPONSIBILITIES ...... .... .......... ..... . ...... ... . ... . ... .... ... .. ........ . . . ... . .. . . . .. . ..... .. . . . . ... .. . .. ... ... .... .... .... . . .... .. ... 28 8.01 Communications to Contractor . ... . ... .... ..... ................ ..... ... . ... . ... . .. . . . .... . .... . .. .. .. . .. . .. . .. ... . . .. .. . .. ... ... . ... ......... ...... ... 28 8.02 Replacement of ENGINEER .. . ........ ............. .. .. ..... ... ... . . .. . ... .... . .... ... .. ... .. . ... . . . .. . . . .. . . . . .. . .. . .. . .. .. . .. .... .... . . . .. ...... ...... 28 8 .03 Furnish Data . ... . .. . . .. ....... . . . .. . ........ .... ......... ...... . ..... . . .. . .. . ... .... . ..... ... ..... ..... . ... . .. ... . . . . . .. . . . ... ... ..... .... ... . ... . .... . . ..... . ... 28 8.04 Pay Promptly When Due .. . ... ... . ..... ...... ....... .. .... ......... ........ . ....... . ... . .... . . . ... .. ..... . .. . .. . .. ... . .. ... ..... ... . ... . ..... ..... ...... . . 28 8.05 Lands and Easements; Reports and Tests ...... ..... ....... .. .. . ... .... .... . .. . . . ..... .... . . ...... ... . . ... . . . . .. .. . .. . .. ... ...... . ... . .... ....... 29 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 1 8. 11 Evidence of Financial Arrangements ...... ............ . ... ....... . ...... . ........ . .... . . ... ... .... . ... .. . ... .. .... .. .. . ... .. . . ... . .......... ....... 29 J ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . .... ... .... .... ....... ... . ... . .. . . . .. .. . . .. . . . ... ..... . ..... ... .... .... .. .... . . .... . ... 29 9.01 OWNER 'S Representative . ... ...... .... ... ............. .... .. ..... . .... .... ... . ... . .. . . . ... . . . .. . ....... . .. .... .. .. . . .. ... .. .. . .. . .... ..... . ..... . ...... . 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.. .... . ... . ... . ...... ..... . ........ .. ... .. .... ... . . .. ..... ... ... .. ... . . . ... . . .... . . ... . . . .. .. .... .. . . . ... ... . ... .. . ... . .... . . ..... 30 9.07 Shop Drawings, Change Orders and Payments.. ...... .... ... . .. . .... . ..... ... . .... .. .. . . ... . . . .. ... .. ... . ..... .. . .. . ....... . . .... . ..... .. ... 30 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . .. . .. .. . .. ... ... . ... ... ... .... . . ..... .. . 30 l9 . 10 Limitations on ENGINEER 's Authority and Responsibilities ........ . . .. . . . .. .... .. .. ... . .. . .. . . . .. . .. ........ ..... ..... ..... .. ...... . 31 J ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...... ............ . ..... . . . .. ... . ... .... . .. ..... . .. .. . .. . . . . ... . . ... .. . .. . . . . .. .. .... .. .... ... . . . ... . ..... . . .. .. 31 10.01 Authorized Changes in the Work .. ... ... .. . . ..... . .. .. . . ... .. . . .. . ... . ... . .. . ... .. . .. . . ... . .. . .. .. . . . . .. . . ... . . ... . ... . .. . ... ... ... . . . . ... . ....... . . . 31 10.02 Unauthorized Changes in the Work . ... ... . .. .. .. ..... . ...... . .. . .... .. . .. .. ... . . . .. . . . .. . .. .... . ... ... . .. .. . ..... ... . .. .. . ... . ..... ..... . . . . . ... . 31 10.03 Execution of Change Orders .. ... . . .. . ... ... ... ........ .. ... .. . ... ... . . .. ..... .. ... . . . ... . . ... .. . .. .. . ... .. . .. . .. . .. . .. .. . .. .... . .. . .. . .. . . . ... . . . .... 31 10.04 Notification to Surety .... . ... .... . ... . .. . ... ... ... ... .. . ..... . . ...... . .. . ... ... . ... . .. ... .. . .... . .. . . . .. . . . . .. . . .. .. .. . . . . .. . . . ... ... . ... . . . ... . . ..... . .. .. 32 10.05 Claims and Disputes .: . . .. ... . .... . ... ... . ... ..... . ..... . .. ... . . .. ... . ... . .. . ... . ... . .. . . ... . . . . . . . . . . . .. . . . . .. . .. .. . . . . .. . .. .. . .. . .... .. . . .. .. . . . . . .... . . . 32 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK . .. . .. .. . . .. . . . .. . . . . . . . . . . . .. . ... . ... . .. . .. . . . ... . . ... . . 32 11 .01 Cost of the Work. .. . . . .. .... . ... . .. . . . .. . . .. ... .. . ... ... .. .. .. .. . . . . .. . . . .. . ... .. . .... ... . . . .. . . . .. . . . . . . .. .. . . .. ... . . . . . . .. . . . .. . .. . . . . . ... .. . . . . . . . ... . . .. .. 32 11 .02 Cash Allowances . ... . . .. . ... . .. . . ... . ... . .. . ... . . ... . .. ... ... . .. . ... .. .. .. . . .. . .. . . ... .. . . . . . . . . .. . .. . . . . . . . . . ... ... . . .. . . . . . . . . . . .. .. . . ... . . . .... . . . ... .. . . . 34 11 .03 Unit Price Work . .. . ... ... . ... .... . .. . . ... . .. ... . .. .... .. ... . .. . . .. .. . .. . . .. . ... ... . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . . . .... . . .. .. . . . . . . .. .. . . . .. . . . ... . . . . . . . ... . . 34 1 00700-4 Jl Standard General Conditions of the Construction Contract PROJECT J ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CON'T'RACT TIMES . . . .. .. . . .. . . . . . .. . . .. .... . . . . . . . . .. .. ... . .. . . .. . . ... . . 35 12.01 Change of Contract Price . ... . . . . ... .. . .. . .. ... ... . ....... . . .. . . . . .. . . . ... ..... . . ... . . . . . .... . .. . . .. .. . . . .. . . . .. .. . . . . . . . . . .. .. .. . . . .. . . ... . ... . . .. . . ... 35 12.02 Change of Contract Times . . .. . ... . .. ... ... .. .. .. .. . . . .. . ..... .. . . . . ... . . .. . . . ..... . .. . . . . . . .. .. ... .. .... .. . . . . .. .. .. . .. . . .. . . . . . . ... .... . .. . . . . . . . .. . . . 36 12.03 Delays Beyond CONTRACTOR 's Control ....... . . . . . . . .... .. . .. . . .. .. .... . .. . . .. .. .. . . .. . .. . . .. ... .. . . . . . . .. . . . . .. . . . . . . . . . . . ... . .. . .... . .... 36 12.04 Delays Within CONTRACTOR 's Control .... ... .. ..... . .. ... . .. .. . . . . ..... . . . ... . ..... . . . . ... . ... . . . . . . . . .. . .. .. . . . . . . . . .. . . . ..... . . .. . . .. . . . . 36 12.06 Delay Damages . . . . . . . . .. . ... ... . . .. .. . . .. .. . . .... . .. . .. . . ...... . . ... . . . .. . . . . .. ... ... ... . . . . . .... .. . . . .. .. . . . .. . .... . .. . . . . . . . . . . . . . . . . . .. . . . .. . ... . . . .. . .... 36 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . .......... . . .. . . .. .... . .... . ..... ... ... .. ... .. . . . .. .. . ... ... ... ..... . .. . .. . .. . . . .... .... .. . . .. ... . . . .. . . .. .. . . ... . . . . . . .. . . ... ... . . ... . . ... . . 36 13 .01 Notice of Defects . ... . . . .. . ... ... .... ...... ........ ... ... . . . .. ..... ... .. ... ... ... . . . ..... . . ... . .. ... . . . ...... ... . .. . .. .. . . . . .. . . . .. . . . . . . . .. . . ... .... . . ... .... 36 13.02 Access to Work . . . . . ......... .... ...... . ..... . ..... .. . ... ............ .. .... ........ ... ... .... . .. . . ... .... .. ....... . . . . .. . . . .. . . . .. . . . . . . .. . ..... ... . . .. . . . . . . 37 13 .03 Tests and Inspections .. ... . .... .. . ... .. ......... ... . .. . . . .. . . ... ...... .. .. . ... . . ... . .. . . .. . ...... . . . .. .. . . ... . .. .... . . . . .. . . . . .. . . ... . ... . . .. . . ... . ... . .... 37 13.04 Uncovering Work . ... ... . .. . ... . ... .. . ... .. . ... . . ... ..... ... ..... .. . . . .... .. ........ .. . ... . ... . . ....... .. ........ . . . .. . . . .. ... ... . .. . . ... ..... .. . . .... . ... . . . 37 13 .05 OWNER May Stop the Work.. . ..... . ....... .... ..... ... .... .... . ... .. . ... . .. .. ... . . .. . .... ... . . .. .. .. ... .. . ..... . . . ... . . .. .. . . .. . .. . . . ...... . .... ..... 38 13.06 Correction or Removal of Defective Work ........... .. . .. . . . ......... ... .... ..... .. ..... ... . ... .. .... .. . . . .. . . . .. . ... . . ........ .. . . . ... .... . . . 38 13 .07 Correction Period . . ... ... . .. .. .. ... ... . .. . .. ...... ...... .. .. . . . .. . .... ...... .. . . . . .. .... ... . .. .. ... . ... .. .. ... .. . .. .. . . . . . .. . . .. .. . .. . . .. . . . .. . ... . . .. . ..... 38 13.08 Acceptance of Defective Work . ... .. . ............. ... ....... .. . ... . . ......... ... ........ . . ... . ............ ... .. . . . .. . . .... .... . . .. ..... .. . ..... . .... . . 38 13.09 OWNER May Correct Defective Work ............ . .............. ... . . ... .... ... . . ... .. .. . .. ... . .. . . .. ..... . . . .. . . . . .. . . .. . . .. . . ... . .... .... .... . 39 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION.. .. . . . . .. .... .... .... ... .... ....... . . . .. .... .. .... . ... . . . .. . .. . . ... . . ... . ... ..... 39 14.01 Schedule of Values . . . .. . ... .... ... ... . .. ...... ..... ..... . .. . .... ... . . ... . . . . .. ..... ... .... .. .. . .. . . . .. .. . ... ... .. . .. . . . . .. . .. .. . . . . . . ... .... ... . . .... . .... . . 39 14.02 Progress Payments ... .... .... ... ... ........... ... ... . . ........ .. . .. ..... ... .. . . . ... ... . .. . . . . .. .. . .. ...... .. . . . . .. .... . . .. . . . .... .. .. . .. . . ... . ... . . .... .... 39 14.03 CONTRACTOR 's Warranty of Title ....... ....... . . . ....... ... . . ... ..... . ... . ... . ... . .... . .. ... ... ... ... ... . . ... . . . .. . ... . ... ......... .. .. . . .. .. . . 41 14.04 Substantial Completion. ... . ... ... . .. .. . . ........ ... . .... .... .. . . .... ..... .. . . . . .. .... ... . . . .. ... ...... .... . . . . .. .... . . . .. .. ... . . ... .. . . ... . . ... . .... .. ... 41 14.05 Partial Utilization . .. . ... . .. . ... . .. ... . ...... .. ... . ... .... ... . . .. ........ ... . . . .. ... ... .... ..... .. . . ... . . . . .. ... ... .. . . . ... . . . .. . . .. . . .. . .... .... . .... . .... . . 42 J 14.06 Final Inspection . .. . ........ .... ... ......... ......... ... . . .......... . . ... .. ... ... . . ... ...... . . . .. . . . ...... ... . . . . ..... .... ..... . . . ... ... . . . .. . ... . .... 42 14.07 Final Payment. . .. .. ... . .. . ... . ... .. . ..... . . .... ... ..... ...... . . .. ........ . .. .. . . ... . .. . . .. . .... . ... . ... .. . _. . .... . .. . . . . .. . . . .. . ... . . .... ... ... ...... . .... . . 42 14.09 Waiver of Claims.... ... . .. . ... . ...... . ..... ... .. . ... ... . . ....... ... .. ..... ... .. . . . .. .. . .. ... . . . ... . . . .. ....... . . . . .. . ... . .... . . ... . . . . . .. . . ... ..... . . ... . .. .. 43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION _... .. . .. ... ..... . .. .... ... . . .. .. . .. .. . . .. ...... . .. . . . .. . . . ... ... . . .. . ... . .. .. . .... . . .. . . . . 43 15 .01 OWNER May Suspend Work .. .. . ... ..... . .. ........ . 15 .02 OWNER May Terminate far Cause . ... ... .. . .. .. ..... .. .. . .. .. ... .... . ...... . . .. . .... .. . . . ... .. . .. .. . . .. . .... ... . . . ....... . .. . . . .. ..... . . . .. .. . ... 43 15 .03 OWNER May Terminate For Convenience . ... . . .. ..... .. . ..... . . ... ... .... .... ... .. ..... . . .. .. . . .. .. . . . . .. . . . . . . ... . ... ... . . .. . . . ........ . . . . 44 15 .04 CONTRACTOR May Stop Work or Terminate . ... . . .... . ..... .. . .. ... . ..... ... .. . .... ... . ... . . ... .. ... . ... . . ... . ... . .. . . ... ..... . . ... .. .. .. 44 ARTICLE16 - DISPUTE RESOLUTION.... ... . .. . ... .. . ... .. ... .... .... ... . . .. ... . ... . . . ..... . . . ..... . .. . . . ... .. . ..... . . . ... . . . .. .. . .. . .. .. . .. . . . .. . .. . . ... .. .. . . . ... . ..... 45 16.01 Methods and Procedures . ... ... . .... . . .. .. .... ... . . .. .... . .. .. ... ... ...... . .. . ...... ... . . .. ....... . ... ... . . . ... . . . . .. . . . . . ... . .... .... ... . . . .. . . . . .. . . . . 45 ARTICLE17 - MISCELLANEOUS .. . ... . ... .... ... .... ..... . ..... .... .. . . . ......... ..... ... .. ........ . . .... ... . . ....... .. ....... . . . .. .. . . .. . .. .. ... . ... ... . . . ... . . ... . . .... . . . . 45 17 .01 Giving Notice . . . . .. . . . ... ... . . ... ... ..... ..... .... .. ....... .. .. .. ... . . . .... . .. .. . . . ... .. . . .. ..... .. . . . .. .. . . .. ...... .. . . . . .. . . . .. . .. . . . ... . .. . ..... ..... . . .... . 45 17 .02 Computation of Times .... . ... ... . ..... . .... . ... ... . . ... .... .. .. ... ... . . ... .... . .. . ... ... . . . .. .... . . . .. . . .. . . . . .. .... . . . .. . . ... . .. . . ... . .. . . .. ... . .... . . . .. 45 17.03 Cumulative Remedies... . .. . ... ... . ..... . ........ .... ............ . . .. .. . .. . .. . . ... .. . ... ...... . .. . . . . . . . . . . 45 17 .04 Survival of Obligations .. . .. .... . .. .. . . . . .. ... . . .. . . . .. ... . .. . .... .. . . . ....... ...... . .. . . . .. .. . . . .. .. .. .. . . . . . . ...... .. . . . . .. . .... . . . . . .. . ..... . . . .. . . .... 45 17.05 Controlling Law .. . . . .. .... . .. .... .... .. .... .. .... ... .. . . .. . . ... .. . . ...... .. . . . . . ... ... . .. ... . . .. .. . .. .. . ... .. . . . . . . .. . . . . ... . . .. . ... . ... .. . ... . . .... . . . 45 J 00700-5 Standard General Conditions of the Construction Contract PROJECT GENERAL CONDITIONS NOTE: SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY rONDITIONS, IN THESE INSTANCES THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIED HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR'S CONVENIENCE. REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 9. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and 1 .01 Defined Terms OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the A. Wherever used in the Contract Documents and Contract Times, issued on or after the Effective Date of the printed with initial or all capital letters, the terms listed Agreement. below will have the meanings indicated which are applicable to both the singular and plural thereof. 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or 1 . Addenda--Written or graphic instruments Contract Times, or both, or other relief with respect to the issued prior to the opening of Bids which clarify, correct, or terns of the Contract. A demand for money or services by a change the Bidding Requirements or the Contract third party is not a Claim. Documents. 11 . Contract--The entire and integrated written 2. Agreement--The written instrument which is agreement between the OWNER and CONTRACTOR evidence of the agreement between OWNER and concerning the Work. The Contract supersedes prior J CONTRACTOR covering the Work. negotiations, representations, or agreements, whether written or oral. 3 . Application for Payment--The form acceptable to ENGINEER which is to be used by CON- 12. Contract Documents--The Contract Docu- TRACTOR during the course of the Work in requesting ments establish the rights and obligations of the parties and progress or final payments and which is to be accompanied include the Agreement, Addenda (which pertain to the Con- by such supporting documentation as is required by the tract Documents), CONTRACTOR' s Bid (including docu- J Contract Documents. mentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) 4. Asbestos--Any material that contains more when attached as an exhibit to the Agreement, the Notice to than one percent asbestos and is friable or is releasing Proceed, the Bonds, these General Conditions, the asbestos fibers into the air above current action levels Supplementary Conditions, the Specifications and the established by the United States Occupational Safety and Drawings as the same are more specifically identified in the -y Health Administration. Agreement, together with all Written Amendments, Change JI Orders, Work Change Directives, Field Orders, and 5 . Bid--The offer or proposal of a bidder submit- ENGINEER' s written interpretations and clarifications ted on the prescribed form setting forth the prices for the issued on or after the Effective Date of the Agreement. Work to be performed. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract 6. Bidding Documents--The Bidding Documents. Only printed or hard copies of the items listed Requirements and the proposed Contract Documents (in- in this paragraph are Contract Documents. Files in cluding all Addenda issued prior to receipt of Bids). electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are 7 . Bidding Requirements--The Advertisement or not Contract Documents. Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in 8. Bonds—Performance and payment bonds and accordance with the Contract Documents as stated in the Other instruments of security. 00700-6 Standard General Conditions of the Construction Contract PROJECT 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 1 LOLA 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. l 18. Effective Date of the Agreement--The date J 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 l parties to sign and deliver. CONTRACTOR shall start to perform the Work under the J 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 furnish l services as ENGINEER's independent professional 31 . Partial Utilization--Use by OWNER of a J 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. III 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. 35 . Project Manual--The bound documentary 24. Hazardous Waste=-The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section 1004 of Work. A listing of the contents of the Project Manual, 00700 - 7 which may be bound in one or more volumes, is contained 45 . Supplier--A manufacturer, fabricator, suppli- in the table(s) of contents. er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to 36. Radioactive Material--Source, special nucle- furnish materials or equipment to be incorporated in the ar, or byproduct material as defined by the Atomic Energy Work by CONTRACTOR or any Subcontractor. Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 46. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, 37 . Resident Project Representative--The autho- tanks, tunnels, or other such facilities or attachments, and rized representative of ENGINEER who may be assigned to any encasements containing such facilities, including those the Site or any part thereof that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable 38. Samples--Physical examples of materials, television, water, wastewater, storm water, other liquids or equipment, or workmanship that are representative of some chemicals, or traffic or other control systems. portion of the Work and which establish the standards by which such portion of the Work will be judged. 47. Unit Price Work--Work to be paid for on the basis of unit prices. 39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which 48. Work--The entire completed construction or are specifically prepared or assembled by or for CON- the various separately identifiable parts thereof required to TRACTOR and submitted by CONTRACTOR to illustrate be provided under the Contract Documents. Work includes some portion of the Work. and is, the result of performing or providing all labor, services, and documentation necessary to produce such 40. Site--Lands or areas indicated in the Contract construction, and furnishing, installing, and incorporating Documents as being furnished by OWNER upon which the all materials and equipment into such construction, all as Work is to be performed, including rights-of-way and required by the Contract Documents. easements for access thereto, and such other lands furnished by OWNER which are designated for the use of 49. Work Change Directive--A written statement CONTRACTOR. to CONTRACTOR issued on or after the Effective Date of - the Agreement and signed by OWNER and recommended 41 . Specifications--That part of the Contract by ENGINEER ordering an addition, deletion, or revision Documents consisting of written technical descriptions of in the Work, or responding to differing or unforeseen materials, equipment, systems, standards, and workmanship subsurface or physical conditions under which the Work is as applied to the Work and certain administrative details to be performed or to emergencies. A Work Change applicable thereto. Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change _ 42. Subcontractor--An individual or entity having ordered or documented by a Work Change Directive will be a direct contract with CONTRACTOR or with any other incorporated in a subsequently issued Change Order Subcontractor for the performance of a part of the Work at following negotiations by the parties as to its effect, if any, the Site, on the Contract Price or Contract Times. J43. Substantial Completion--The time at which 50. Written Amendment--A written statement the Work (or a specified part thereof) has progressed to the modifying the Contract Documents, signed by OWNER and point where, in the opinion of ENGINEER, the Work (or a CONTRACTOR on or after the Effective Date of the specified part thereof) is sufficiently complete, in Agreement and normally dealing with the nonengineering or accordance with the Contract Documents, so that the Work nontechnical rather than strictly construction-related aspects _ (or a specified part thereof) can be utilized for the purposes of the Contract Documents. for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the 1 .02 Terminology Work refer to Substantial Completion thereof. A. Intent of Certain Terms or Adjectives 44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these 1 . Whenever in the Contract Documents the General Conditions. terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," 00700 - 8 "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe 3 Th a „r ° Of an action or determination of ENGINEER as to the h gpoiiPeg , '"" "' "l Work, it is intended that such action or determination equip ent, Shall FoeaH W fi'"""ti and uiqtgll . a will be solely to evaluate, in general, the completedt . fllei e . " 1 .e.,,aj, Work for compliance with the requirements of and � ==�tmae''ge information in the Contract Documents and confor- mance with the design concept of the completed Project Paragraph DA has been deleted in its entirety. ..,._F.. as a functioning whole as shown or indicated in the ,y "fiim .. "install,"o r e pfe ef :..� Contract Documents (unless there is a specific statement .1 with indicating otherwise). The use of any such term or inateria4s, OF equip ient in a senteya ele 1 adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the implied. performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of E. Unless stated otherwise in the Contract Docu- paragraph 9. 10 or any other provision of the Contract ments, words or phrases which have a well-known technical Documents. or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized B . Day meaning. 1 . The word "day" shall constitute a calendar day of 24 hours measured from midnight to ARTICLE 2 - PRELIMINARY MATTERS the next midnight. JC. Defective 2.01 Delivery of Bonds l 1 . The word "defective," when modifying A. When CONTRACTOR delivers the executed J the word "Work," refers to Work that is Agreements to OWNER, CONTRACTOR shall also deliver unsatisfactory, faulty, or deficient in that it does not to OWNER such Bonds as CONTRACTOR may be conform to the Contract Documents or does not required to famish. meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract 2.02 Copies of Documents Documents, or has been damaged prior to ENGINEER' s recommendation of final payment A. OWNER shall furnish to CONTRACTOR up to (unless responsibility for the protection thereof has ten copies of the Contract Documents. Additional copies been assumed by OWNER at Substantial will be furnished upon request at the cost of reproduction. Completion in accordance with paragraph 14.04 or 14.05). 2.03 Commencement of Contract Times;. Notice to Proceed Paragraphs D.1, 2 and 3 have been deleted and replaced J by new paragraphs. See the Supplementary Conditions. A. The Contract Times will commence to run on the D. Furnish, Install, Perform, Provide thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the J I The tend wlign Used in Notice to Proceed. A Notice to Proceed may be given at _,_ 9F equipmem, any time within 30 days after the Effective Date of the shall eaean _ly and deliver sa Agreement. In no event will the Contract Times commence inaterials „ the Site ( some me atho_ to run later than the sixtieth day after the day of Bid opening speeifi ,: ' 1 equipment ready foF use of installation or the thirtieth day after the Effective Date of the in usable eFepefabl& e�. Agreement, whichever date is earlier. h wera "install," h used in sennep 2.04 Starting the Work . l 1shall plae , in final o psition said A. CONTRACTOR shall start to perform the Work r �,� t mplete an on the date when the Contract Times commence to run. No Jread), for intended use 00700 - 9 Work shall be done at the Site prior to the date on which the I.A.1hieli nn 9R A r nn A OWNER e . c4ye are Contract Times commence to run. Fequ4ed te r "ehase and i ,. ain i — .dn flee ...:,ti AffiCle-5- . 2.05 Before Starting Construction Paragraph 2.06.A has been deleted and replaced A. CONTRACTOR 's Review of Contract Documents: with a new paragraph. See the Supplementary Before undertaking each part of the Work, Conditions. CONTRACTOR shall carefully study and compare the 2.06 Preconstruction Conference Contract Documents and check and verify pertinent figures J therein and all applicable field measurements. A Within20 days after the GopAfaet _T:._ es start t . J CONTRACTOR shall promptly report in writing to FRHbut before any 3ALPrk a4 the Site is staFted, a eenfeFene ENGINEER any conflict, error, ambiguity, or discrepancy a4eaded by rnnrrB AGTnn ENOPMER, and others a which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER understandingameng the panies as to the Wark and te before proceeding with any Work affected thereby; digeusq thesehedules ree a to in pafagraph 2.05 .B however, CONTRACTOR shall not be liable to OWNER JI or ENGINEER for failure to report any conflict, error, stibmittals, pFocessing Applications `"` liaytnent, 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 mens, 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 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 1 and Sample submittals which will list each required 1 . The progress schedule will be acceptable J 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- 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, orprogressof the Work nor interfere with or J Price and subdivides the Work into component parts relieve CONTRACTOR from CONTRACTOR' s in sufficient detail to serve as the basis for progress full responsibility therefor. payments during performance of the Work. Such prices will include an appropriate amount of 2. .. CONTRACTOR' s schedule of Shop 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 Paragraph 2.05.0 has been deleted and replaced with a required submittals. new paragraph. See the Supplementary Conditions. Evidence ! / -sumneer Bef.._= an WeAE at the 3 . CONTRACTOR's schedule of values Sge is stAged, CONTRACTOR a 047ATER . hAll eReh will be acceptable to ENGINEER as to form and r ti ti eepies to each aaa.,. gnal 43s -ed substance if it provides a reasonable allocation of the identified in the c 1 .. GE)JiditiORS, 44fiS.aoS Gf Contract Price to component parts of the Work. them of a--, add"' ena! insufed may Feasenably-+equest) 00700 - 10 J responsibility inconsistent with the provisions of the Contract Documents. ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 3.01 Intent 1 . If, during the performance of the Work, A. The Contract Documents are complementary; CONTRACTOR discovers any conflict, error, ambi- t what is called for by one is as binding as if called for by all. guity, or discrepancy within the Contract Documents or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the B . It is the intent of the Contract Documents to performance of the Work or of any standard, describe a functionally complete Project (or part thereof) to specification, manual or code, or of any instruction be constructed in accordance with the Contract Documents. of any Supplier, CONTRACTOR shall report it to Any labor, documentation, services, materials, or equip- ENGINEER in writing at once. CONTRACTOR ment that may reasonably be inferred from the Contract shall not proceed with the Work affected thereby Documents or from prevailing custom or trade usage as (except in an emergency as required by paragraph being required to produce the intended result will be 6. 16.A) until an amendment or supplement to the provided whether or not specifically called for at no Contract Documents has been issued by one of the additional cost to OWNER. methods indicated in paragraph 3 .04; provided, however, that CONTRACTOR shall not be liable to C. Clarifications and interpretations of the Contract OWNER or ENGINEER for failure to report any Documents shall be issued by ENGINEER as provided in such conflict, error, ambiguity, or discrepancy unless Article 9. CONTRACTOR knew or reasonably should have known thereof. J 3 .02 Reference Standards B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and Regulations 1 . Except as may be otherwise specifically stated in the Contract Documents, the provisions of 1 . Reference to standards, specifications, the Contract Documents shall take precedence in manuals, or codes of any technical society, organiza- resolving any conflict, error, ambiguity, or 1 tion, or association, or to Laws or Regulations, discrepancy between the provisions of the Contract J whether such reference be specific or by implication, Documents and: shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of a. the provisions of any standard, opening of Bids (or on the Effective Date of the specification, manual, code, or instruction Agreement if there were no Bids), except as may be (whether or not specifically incorporated by otherwise specifically stated in the Contract _ reference in the Contract Documents) ; or Documents. b. the provisions of any Laws or 2. No provision of any such standard, Regulations applicable to the performance of the 'j specification, manual or code, or any instruction of a Work (unless such an interpretation of the provi- !I Supplier shall be effective to change the duties or sions of the Contract Documents would result in responsibilities of OWNER, CONTRACTOR, or violation of such Law or Regulation) . ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in 3 .04 Amending and Supplementing Contract the Contract Documents, nor shall any such Documents provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's A. The Contract Documents may be amended to Consultants, agents, or employees any duty or provide for additions, deletions, and revisions in the Work authority to supervise or direct the performance of or to modify the terms and conditions thereof in one or the Work or any duty or authority to undertake more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. 00700 - 11 B . Upon reasonable written request, OWNER shall B . The requirements of the Contract Documents may furnish CONTRACTOR with a current statement of record be supplemented, and minor variations and deviations in the legal title and legal description of the lands upon which the Work may be authorized, by one or more of the following Work is to be performed and OWNER's interest therein as ways: (i) a Field Order; (ii) ENGINEER' s approval of a necessary for giving notice of or filing a mechanic's or Shop Drawing or Sample; or (iii) ENGINEER' s written construction lien against such lands in accordance with interpretation or clarification. applicable Laws and Regulations. 3 .05 Reuse of Documents C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary A. CONTRACTOR and any Subcontractor or construction facilities or storage of materials and equip- Supplier or other individual or entity performing or ment. furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title 4.02 Subsurface and Physical Conditions to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any A. Reports and Drawings: The Supplementary thereof) prepared by or bearing the seal of ENGINEER or Conditions identify: ENGINEER' s Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, 1 . those reports of explorations and tests of Specifications, other documents, or copies thereof on subsurface conditions at or contiguous to the Site extensions of the Project or any other project without that ENGINEER has used in preparing the Contract written consent of OWNER and ENGINEER and specific Documents; and written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and 2. those drawings of physical conditions in acceptance of the Work, or termination or completion of the or relating to existing surface or subsurface struc- Contract. Nothing herein shall preclude CONTRACTOR tures at or contiguous to the Site (except from retaining copies of the Contract Documents for record Underground Facilities) that ENGINEER has used purposes. in preparing the Contract Documents. A new Section, 3.06 — "Coordination of Plans, B . Limited Reliance by CONTRACTOR on Technical Specifications, and Special Provisions" has been added. Data Authorized: CONTRACTOR may rely upon the See the Supplementary Conditions. general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not l ARTICLE 4 - AVAILABILITY OF LANDS ; Contract Documents. Such "technical data" is identified in J SUBSURFACE AND PHYSICAL CONDITIONS ; the Supplementary Conditions. Except for such reliance on REFERENCE POINTS such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any J of ENGINEER's Consultants with respect to: 4.01 Availability of Lands 1 . the completeness of such reports and A. OWNER shall furnish the Site. OWNER shall drawings for CONTRACTOR's purposes, including, notify CONTRACTOR of any encumbrances or restrictions but not limited to, any aspects of the means, not of general application but specifically related to use of methods, techniques, sequences, and procedures of the Site with which CONTRACTOR must comply in construction to be employed by CONTRACTOR, performing the Work. OWNER will obtain in a timely and safety precautions and programs incident manner and pay for easements for permanent structures or thereto; or permanent changes in existing facilities. If CON- TRACTOR and OWNER are unable to agree on entitle- 2. other data, interpretations, opinions, and ment to or on the amount or extent, if any, of any adjust- information contained in such reports or shown or ment in the Contract Price or Contract Times, or both, as a indicated in such drawings; or 1 result of any delay in OWNER's furnishing the Site, J CONTRACTOR may make a Claim therefor as provided in 3 . any CONTRACTOR interpretation of or paragraph 10.05 . conclusion drawn from any " technical data" or any such other data, interpretations, opinions, or infor- mation. 00700 - 12 a. such condition must meet any one or New Paragraphs 4.02.C, 4.02.1), and 4.02.E have been more of the categories described in paragraph 1 added. Seethe Supplementary Conditions. 4.03 .A; and J 4.03 Differing Subsurface or Physical Conditions b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract A. Notice: If CONTRACTOR believes that any Price will be subject to the provisions of para- subsurface or physical condition at or contiguous to the Site graphs 9.08 and 11 .03. that is uncovered or revealed either: 2. CONTRACTOR shall not be entitled to 1 . is of such a nature as to establish that any any adjustment in the Contract Price or Contract "technical data" on which CONTRACTOR is Times if: J entitled to rely as provided in paragraph 4.02 is materially inaccurate; or a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR 2. is of such a nature as to require a change made a final commitment to OWNER in respect l in the Contract Documents; or of Contract Price and Contract Times by the J submission of a Bid or becoming bound under a 3. differs materially from that shown or negotiated contract; or indicated in the Contract Documents; or b. the existence of such condition could 4. is of an unusual nature, and differs reasonably have been discovered or revealed as a materially from conditions ordinarily encountered result of any examination, investigation, explo- and generally recognized as inherent in work of the ration, test, or study of the Site and contiguous character provided for in the Contract Documents; areas required by the Bidding Requirements or Contract Documents to be conducted by or for then CONTRACTOR shall, promptly after becoming aware CONTRACTOR prior to CONTRACTOR's thereof and before further disturbing the subsurface or making such final commitment or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph c. CONTRACTOR failed to give the 6. 16.A), notify OWNER and ENGINEER in writing about written notice within the time and as required by such condition. CONTRACTOR shall not further disturb paragraph 4.03 .A. such condition or perforin any Work in connection therewith (except as aforesaid) until receipt of written order Part of the second sentence of Paragraph 4.03.C.3 has to do so. been deleted. 3. If OWNER and CONTRACTOR are B . ENGINEER 's Review: After receipt of written unable to agree on entitlement to or on the amount notice as required by paragraph 4.03.A, ENGINEER will or extent, if any, of any adjustment in the Contract promptly review the pertinent condition, determine the Price or .Contract Times, or both, a Claim may be necessity of OWNER's obtaining additional exploration or made therefor as provided in paragraph 10.05 . tests with respect thereto, and advise OWNER in writing However, OWNER, ENGINEER, and (with a copy to CONTRACTOR) of ENGINEER' s findings ENGINEER's Consultants shall not be liable to and conclusions. CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and C. Possible Price and Times Adjustments charges of engineers, architects, attorneys, and other professionals and all court or ar-bit ation AF othe 1 . The Contract Price or the Contract dispute resolution costs) sustained by J Times, or both, will be equitably adjusted to the CONTRACTOR on or in connection with any other extent that the existence of such differing subsurface project or anticipated project. or physical condition causes an increase or decrease in CONTRACTOR' s cost of, or time required for, 4.04 Underground Facilities performance of the Work; subject, however, to the following: A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the 00700 - 13 Site is based on information and data furnished to OWNER attributable to the existence or location of any or ENGINEER by the owners of such Underground Facili- Underground Facility that was not shown or l ties, including OWNER, or by others. Unless it is otherwise indicated or not shown or indicated with reasonable Jexpressly provided in the Supplementary Conditions: accuracy in the Contract Documents and that CONTRACTOR did not know of and could not 1 . OWNER and ENGINEER shall not be reasonably have been expected to be aware of or to responsible for the accuracy or completeness of any have anticipated. If OWNER and CONTRACTOR such information or data; and are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in 2. the cost of all of the following will be Contract Price or Contract Times, OWNER or included in the Contract Price, and CONTRACTOR CONTRACTOR may make a Claim therefor as shall have full responsibility for: provided in paragraph 10.05. ] a. reviewing and checking all such informa- 4.05 Reference Points tion and data, A. OWNER shall provide engineering surveys to In. locating all Underground Facilities establish reference points for construction which in shown or indicated in the Contract Documents, ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR c. coordination of the Work with the shall be responsible for laying out the Work, shall protect owners of such Underground Facilities, and preserve the established reference points and property including OWNER, during construction, and monuments, and shall make no changes or relocations without the prior written approval of OWNER. d. the safety and protection of all such CONTRACTOR shall report to ENGINEER whenever any Underground Facilities and repairing any reference point or property monument is lost or destroyed or damage thereto resulting from the Work. requires relocation because of necessary changes in grades Jor locations, and shall be responsible for the accurate B . Not Shown or Indicated replacement or relocation of such reference points or property monuments by professionally qualified personnel. i 1 . If an Underground Facility is uncovered J or revealed at or contiguous to the Site which was 4.06 Hazardous Environmental Condition at Site not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract A. Reports and Drawings: Reference is made to the l Documents, CONTRACTOR shall, promptly after Supplementary Conditions for the identification of those J becoming aware thereof and before further reports and drawings relating to a Hazardous Environmental disturbing conditions affected thereby or performing Condition identified at the Site, if any, that have been any Work in connection therewith (except in an utilized by the ENGINEER in the preparation of the emergency as required by paragraph 6. 16.A), Contract Documents. identify the owner of such Underground Facility and give written notice to that owner and to OWNER B . Limited Reliance by CONTRACTOR on Technical 1 and ENGINEER. ENGINEER will promptly review Data Authorized: CONTRACTOR may rely upon the J the Underground Facility and determine the extent, general accuracy of the "technical data" contained in such if any, to which a change is required in the Contract reports and drawings, but such reports and drawings are not J Documents to reflect and document the Contract Documents. Such "technical data" is identified in consequences of the existence or location of the the Supplementary Conditions. Except for such reliance on Underground Facility. During such time, such "technical data," CONTRACTOR may not rely upon { CONTRACTOR shall be responsible for the safety or make any Claim against OWNER, ENGINEER or any of Jand protection of such Underground Facility. ENGINEER' s Consultants with respect to: 2. If ENGINEER concludes that a change in 1 . the completeness of such reports and the Contract Documents is required, a Work Change drawings for CONTRACTOR' s purposes, including, Directive or a Change Order will be issued to reflect but not limited to, any aspects of the means, and document such consequences. An equitable methods, techniques, sequences and procedures of adjustment shall be made in the Contract Price or construction to be employed by CONTRACTOR Contract Times, or both, to the extent that they are 00700 - 14 J 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. r ,... " and G r m 1, t;CONTRACTOR shall not be responsible for any ll r.,_...:.torr t, Hazardous Environmental Condition uncovered or revealed Regulatiefts, OWNER shall inde. mil and held h""'p' '"" at the Site which was not shown or indicated in Drawings or CONTRACTOR, cubeentraeters GINNER Specifications or identified in the Contract Documents to be ^ Grn R ' c=o,,sultan and h "F""'"" "'0"`"t"`s� J within the scope of the Work. CONTRACTOR shall be pafmeFs, aniplayees, "'h`" " "sultan`" J responsible for a Hazardous Environmental Condition s+, ° eaeh and F them from and againsta created with any materials brought to the Site by CON- 6' inis, epsts, losses, and damages (inr'udi ng h"t not lim"ed JII TRACTOR, Subcontractors, Suppliers, or anyone else for te all fees and eharges whom CON'T'RACTOR is responsible. D. If CONTRACTOR encounters a Hazardous I3azar'01.11 F1117kPlIMPRtal Gandilien, r '' I I ' M "''`b 1 Environmental Condition or if CONTRACTOR or anyone TIRZAA.Aug FirivifHamental Condition: is was Flat "h"" _ 0 J for whom CONTRACTOR is responsible creates a ndientM in thepralvings of °p""'`' ""t'""" of 'a""'sed4n Hazardous Environmental Condition, CONTRACTOR d' e4ontraet Deourneatq tR be ' a within the ..eepe „F l shall immediately: (i) secure or otherwise isolate such the Work, a r" t erected by Gnnrrn n GTO J condition; (ii) stop all Work in connection with such by anyane for 3MiensGnw rn n Tnn is fesponsible-. condition and in any area affected thereby (except in an Nothing h ' h ^ 06 E "hall ebligatp OVWER entity ffea. and against the emergency as required by paragraph 6. 16) ; and (iii) notify i .f, , individual .. OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult genre= with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take Paragraph 4.06.11 has been deleted in its entirety. corrective action, if any. 14. To-he fullest A L. Laws anti Regulations, CONTRACTOR shaill inn i f and bold E. CONTRACTOR shall not be required to resume raFnta Work in connection with such condition or in any affected tants, and die officers, d '�"'"�"�� area until after OWNER has obtained any required permits agepAs, ether ' and ""`' "" "` ,.F each .....1 related thereto and delivered to CONTRACTOR written Vand against all claims, costsi losses, and- notice: (i) specifying that such condition and any affected damages ' a ; h "` ''suit"' to all F`eC and "h"`"`" EF area is or has been rendered safe for the resumption of '' ""'t" ' ""a "'h"" PFOfe""'e""' " "H ' Work; or (ii) specifying any special conditions under which biother dispute "F"e'"tie" io`t`a such Work may be resumed safely. If OWNER and afiSiRg out ef Of Felatifig t6 " `'""A'`'ril t" 1 CONTRACTOR cannot agree as to entitlement to or on the Condition a h nn 0 rrTQor h' "r' ene F^- amount or extent, if any, of any adjustment in Contract Price +tet` eia GW14RAGTOR is respensible ^moin this or Contract Times, or both, as a result of such Work stoppafagraph 4 .06.F shall obligate CONTRACTOR to - page or such special conditions under which Work is agreed indefanify individual "" entity from . and- h to be resumed by CONTRACTOR, either party may make a eansequerieps sf h "' '"di "' "n" ,."s _""1 . Claim therefor as provided in paragraph 10.05 . gene: F. If after receipt of such written notice 1. The provisions of paragraphs 4.02, 4.03 , and 4.04 CONTRACTOR does not agree to resume such Work are not intended to apply to a Hazardous Environmental based on a reasonable belief it is unsafe, or does not agree Condition uncovered or revealed at the Site. to resume such Work under such special conditions, then 00700 - 15 5 .03 Certificates of Insurance ARTICLE 5 - BONDS AND INSURANCE The second sentence of Paragraph 5.03.A has been deleted in its entirety. 5 .01 Performance, Payment, and Other Bonds A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- Paragraph 5.01.A has been deleted and replaced with a mentary Conditions, certificates of insurance (and other new paragraph. See the Supplementary Conditions. evidence of insurance requested by OWNER or any other A. rYlAq AGTr1D shall ftwnish pe.a.....(H.,.O an additional insured) which CONTRACTOR is required to payment Bonds, each in aii amou4 &� least equal to the purchase and maintain. ^re 01AWERshalla.--d liver to Cont-fastee as fef the faifl4 .l peffe... anee arA GO CT-O h eer ..,.h add-itignal usured payment of all C011nRACT-OR's obligations undeF the identified in the Suppleniefqary Conditions, ceFtificates of r+ I.TeseBonds shallFemacr I .1 h 'a c .. sui:an _ .e .ea by eetJat year final until . aftef the date h payment GOP§9RACTORany other additional insured) whie6 + e aver as pfoNrided otheitwise by Laws of GAINER is required to puf:ehase and -Maintain. l 5 .04 CONTRACTOR 's Liability Insurance J A. CONTRACTOR shall purchase and maintain such Paragraph 5.01.B has been deleted and replaced with a liability and other insurance as is appropriate for the Work new paragraph. See the Supplementary Conditions. being performed and as will provide protection from claims D AU Bends shall be in the form ^-escrib_d by tz, _ set forth below which may arise out of or result from J CONTRACTOR's performance of the Work and f Regulations, d h nd .h b exesuted by suss sureties, m saCONTRACTOR's other obligations under the Contract list 'Vampanies Hold__ r if Documents, whether it is to be performed by Pates RfAuthoriPf as Aeoeptable Sureties on FedeFal Bonds CONTRACTOR, any Subcontractor or Supplier, or by and as Acceptable Reinsunng _ - anyone directly or indirectly employed by any of them to r v i J 570 (amended) h. the c:..e eial Alanagernept perform any of the Work, or by anyone for whose acts any Serviee, Siifely D .... d o_ ,.h r r c DepaFtment of the of them may be liable: i � signed Bonds gveal by an gent _must be l 1m claims under workers' compensation, - J aEf: disability benefits, and other similar employee benefit acts; 1 C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its 2. claims for damages because of bodily right to do business is terminated in any state where any part injury, occupational sickness or disease, or death of of the Project is located or it ceases to meet the CONTRACTOR' s employees; requirements of paragraph 5 .01 .13 , CONTRACTOR shall within 20 days thereafter substitute another Bond and 3 . claims for damages because of bodily surety, both of which shall comply with the requirements of injury, sickness or disease, or death of any person 1 paragraphs 5 .01 .B and 5.02. other than CONTRACTOR' s employees; J 5 .02 Licensed Sureties and Insurers 4. claims for damages insured by reasonably available personal injury liability A. All Bonds and insurance required by the Contract coverage which are sustained: (i) by any person as a Documents to be purchased and maintained by OWNER or result of an offense directly or indirectly related to CONTRACTOR shall be obtained from surety or insurance the employment of such person by CONTRACTOR, companies that are duly licensed or authorized in the or (ii) by any other person for any other reason; jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. 5 . claims for damages, other than to the Such surety and insurance companies shall also meet such Work itself, because of injury to or destruction of additional requirements and qualifications as may be tangible property wherever located, including loss of provided in the Supplementary Conditions. use resulting therefrom; and 00700 - 16 6. claims for damages because of bodily years after final payment (and CONTRACTOR shall injury or death of any person or property damage furnish OWNER and each other additional insured l arising out of the ownership, maintenance or use of identified in the Supplementary Conditions, to J 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.C, D, and E have been added. See l paragraphs 5 .04.A.3 through 5 .04.A.6 inclusive, the Supplementary Conditions. J 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 01ilP " a ' - LiabiUpf-htsufanee Consultants, and any other individuals or entities identified in the Supplementary Conditions, all ofin additignthe a 4" .,R ...,t whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other ' consultants and subcontractors of each and any of all iAill pFatect ^ tcn against "t "`""" whieh WAY affse fFem ") such additional insureds, and the insurance afforded JI 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 bewrittenfor 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 r" E)Nrided in the Supplerneetafy greater, C. .t ' 03AWER shall ...hale and -.+ Hisuranee—upion th-P V-70FIE At the Site 'fl. the Amount 411� full t " theiteef (..ubjeet to s t, deduct'hi ameth4s as fRay be l - 3. include completed operations insurance; r provided in 4. include contractual liability insurance Genditionsa by Laws and Reguteen") This covering CONTRACTOR' s indemnity obligations insureneeshall 1 under paragraphs 6.07, 6. 11 , and 6.20; J 1 t ,t the intefests Rf nixrnrcn CON - 5 . contain a provision or endorsement that TRACTOR; Subpentraetafs cn*OrnME l the coverage afforded will not be canceled, materi- wrrrn R ' Censultants, and ^ odd I ally changed or renewal refused until at least thirty iudiviaeals entities Iden ified inthe JJ days prior written notice has been given to OWNER . "".. .. "o.,. ".�."_ and CONTRACTOR and to each other additional s _ " mpler insured identified in the Supplementary Conditions _o Paeb And any ef ave An insuFAble to whom a certificate of insurance has been issued hz `' ` `' "' "' ` (and the certificates of insurance furnished by the in.presrAnd-gliAl1 aS An RddltiffliAlin"" j CONTRACTOR pursuant to paragraph 5 .03 will so JI provide); 2 t, wFiliten efl A n ld Risk "all . ..t.=• 6. remain in effect at least until final thpt shall e fef phyme"' t� payment and at all times thereafter when CON- buildings, U " ` "� TRACTOR may be correcting, removing, or replac- and ma4efiAlq a z . r "i« "_d- ing defective Work in accordance with paragraph shallifisufa againstleast the fell&. irg peFils e 13 .07 ; and eaus s of less: fire; lightning, ".«" idea ""� e by 7. with respect to completed operations eallapse, debris val demel' oeeasiened insurance, and any insurance coverage written on a e teement ef haws and Regulatiens, wateF d"m claims-made basis, remain in effect for at least two age, antia s ` othef r 'Iq g` ""-i"'" ,d logs as ma 00700 - 17 Nr .fen ^ ,:.ed h. the .., Supplee..t.... Subcontractors, or others suffering any such loss, and if any � _e1 Conditions; of them wishes property , insurance coverage within the limits of such amounts, each may purchase and maintain it 3 include expenses ineuFfed in the-Fepair-or at the purchaser' s own expense. Felilasefrient F e.,. _ .ed pfapeny Ginduding but ngtr lifnitpd to fees a chafges of engineers an Paragraph 5.06.E has been deleted and replaced with a a£ehitects); new paragraph. See the Supplementary Conditions. Q 1 d equipment red et .he Site h leeation that . geed to ... ..^ 5 .06, OWNER shall, wFiting by 03A4,MD pfi ^ he:.... : ^ ^ ted include qilph ' ..d the rine' thefeef will e n possible, h Work, :ded that sesh m :eln and h drn D AGTQR by .. bate f0. Qfde. e .. . .. :.. b ^r ^a ^ h A A e A ..'1:....t:.. t..G AFRRBdMPnt prief to sofnFAmparneru ..F the payment J 6 Site; 03AEPkMR shall in _:A.. .. ...1..: GQP§qR3kGTQR whether of not suph h _ insuFmPP4ifts S. ll m, fef pmaQ1�i. ili7ation .S the . Section 5.07 has been deleted in its entirety. 6. include testing and startup; an 5-07 l;4a+. ,.- is is maintained in (feet ...til final pay n TC d CONTRACTOR -intend that all r Fnent is d unless ..the_.. : e agreed tri writing policies h d ordanee with n h G 06 will r N 03A/PMR, !'nAiTD A nT/lD d EN ODmE _ . with 30 days tten h h addition..1 EGTNTC ' ENiC1NTEED Consultants; d all Erthef FIRIEFRd t.. .. .hr.... f.^..t., r.F ......_ h bee ^ .el` eidentified h C:�� i5".mc,sd C- 1 •` d or dd' ' el ..,...reds and R . OWNER .... .... ... _ _ t h fF d' employees, vee^t^ an E OWER shell .. r..h.. ..e and :..tAul MIA 11^:le. athpf P'AngultafAq Anti qubcontFap'tersF h and a of and .nSph:..er.. :..,.. ._e..r.e r.r .,AA:Ar.nel ..r....e.+. . :......_e..r.a .... 1 be 7 . T .... ed hthe 6.....1 er..e.a.,... r.nda:^-.� ^_ .s feF 11 losses d darnages peals d h. the .. of .. .. eee rr a Regulatigtiq .. h:,.h will ., 1 A .h eF }0s5 severed dterel3j such h l shall e GAVNER, CQPNMCTOR, Subcontraeters, ENTC`rNTC'EDpfavisions to the ff t that in the eyefit F pa5metit of any } ENrr'TN^r�D 'O t d any other individuals er I Patities id F d in the Supplementary r' d hof F d At dd r.nal insureds J dAto have ._..lit _ and gbgll 1. tl�ur E And t'ODM ArTO waive all fight l emed RF d d _.__.____ dd l .ed against eaEh ethef d their _ e e effiee_.. diFeOtEKSI 1 agents, e^t^ .._.dother d G. r ..h 1 'eie G se (and the a rt £ ve ,._ F hd any Fthem fef Il lAqqPq__and it h Pvideflee h^ f) _ red to be ptifeh ed end daFnages d batising eF of (ting 40M aflj G maintained ' aepeydance withparagraph cnF. . 'll not hp. i d oF matffially eh d r FeneyAral rel; .r.edaddition, suchfightsagainst ., SuheetraeteFs until at least 30 days pfieF 3ATitten netice has been giveti-te CDmERI ED - Gonquitants, and all tithe. 03AWER d iTD ACTOR d tR h h additionaliad.ividualsidentified in the Supplementary fieate FnsuFanee he Neen vA n h 1 d d dd 1 ds an and. .11 er...tnin ...e:. e. .._...A ..:...... in aer.8Fda�_.n—wi (and the ..fF. ee_.. dire tri .. ...._tne_e t �3_ ..�.. . .. d p pi�7 . ether eensoltatits d subeentraetaFs of each and a them) undeF stishr ..F f lgsses ..d damages e^ r auseA D. OWNER shall not be responsible for purchasing Npfle of the Ahhall d he h h and maintaining any property insurance specified in this l h .....: . .ef may have tri lie pr^eeeds ^f paragraph 5 .06 to protect the interests of CONTRACTOR, insufanse held by OAZ1 ED .... trustee ^. rothe_wi a payable Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified R P* I Mg naives all rights—against deductible amount will be bome by CONTRACTOR, EO.A D r•Tno °.ubeentraerars ENTC_TNTEED 00700 - 18 N91 ED + Consultants, and the _ffi_ __ _, d_rect.,_ as fidusituy shall adjust and settle the less w.th the:mss Pa `T , employees, agents, a ..th..d e.. ^^ .,l 'F ntante and d d iwFiting hest O)AWER �., ��+ re •� h ..... themof each and of fer. as Fd l shall ., bond F the p . pe_fer.. anee o ehs- r lagg due to business intet:Fuption, loss,-of+ u eother al less extending beyend Section 5.09 has been deleted in its entirety. d ' physical lees of e damage to 03ATNER ' 5 .09 Aeeepfanee ,.£ n ,... d.. and r.. ... _ane,. . Opuen o the Work e ,.ed by, arising eat ..F ., Replaefesue 1 ' Ftem fire or eche_ peril whether oF not insured by ' and A if h O) TED or C 1TD ACT-O h..e an ebjectien to the coverage afforded by oF otheFfFOViSiOW�of 1 less e_ damage ae the ....mpleted D_..:eet h B d . ..nee _e...dred to he pufshe of part the-`z. „ V .,.eaused , -_ '.-_ _____ ,_Q - _ _f _ -- maintainedulfin b 6 6 _. _.. ....e_d......eyith Artie1�S afising eat re :.. F. fife, eth .red .1 ofcause of les on the hglqiq of non egnfermanee with ah CofitFaet objecting reµ 1 d D_e:eet o .. thereof by 03Arn $ .da.:. 10 days afte_ r eip , F .he paragraphdoting partial utilization pursuant to Eeffifteates ( he.F 'dne _e,. .ested) . . :red by .n< —a__ SAst__tial Completion p paragraph 2 0S .C. 0AW—ED And GONT4:D ACTOR shAll para� ..>_ 14 nn .. .,Fier eel .. e id h h d .. d ' ' 1 Fe_. at: Fes' vr Fr i"'ot r �_ t t.. h rr ,.e r F ,, r ..re. d d he h ..ehly wgy Feither e� d hnsp of mAintain All ..F oes E Any insufance poley maintained by OWNER dhe RAnds d insiffanee requifed of such pafpj-b 1Jeovering less, damage ef sensequenfial less referred to tFaet the. a e6. 1 :A, the .ae suehr J ha_ party .. . . h C07D hell . to r t . the eF „et Fh £ 1 purchase theFfl h h _ . �. .fpayment of any h to--' de - 1- Fh F 1 u h consequential less, the insufefs will hwve HO F:ghtS Of hd Ait:tho ..d: ,. , (the ..ht 7 _ e J reeeverj against COhR44ACTOR,rsCb -' eentFactofs; dy, party h , he_ alae« t obtai e .:. ..de..t i; amay� OPME rr•D - EER' onsolta is and the officer.. h expense of the arty ...he .. as required to pfe. :de sueh party And of eaeh and art), of them b + d Change ruder shall he issued to adjust .h.. Section 5.08 has been deleted in its entirety. 5 .08 Reeeipt and A .._r:,.,. ion of Insurance n_eeeed 5 . 10 Partial Utilization, Acknowledgment of Property A. _ _ _ _ - - - - Insurer A .._ed 1...... ....de_ the ....I:..:eo ..F ::Surat�: Fequired by pffaffaph C A4 .�,qu be adjusted with OWNER A. If OWNER finds it necessary to occupy or use a d d _. a to O A940; s fid , f r the instireds, portion or portions of the Work prior to Substantial as theif inteFests may appear, subjeet to the requirements of Completion of all the Work as provided in paragraph 14.05, any 1 hlFooFtga .-- , and F 13afagEaph 5 .08-.B-. no such use or occupancy shall commence before the OWNER shall deposit in a sepairate aGGE)Unt any Fneney so insurers providing the property insurance pursuant to 1 „<,R,: . Ad ...d shall _..,_ :'s__ -- in __ _ __ a____ _ wM sueh paragraph 5 .06 have acknowledged notice thereof and in JagFeement as the parties in interest Enay Feach. if Fie etheF writing effected any changes in coverage necessitated special ,. e_ee._.e.a is Feael.ed the damaged Work shen h- thereby. The insurers providing the property insurance shall o _ h d the Ax a h the Pac e,. applied - consent by endorsement on the policy or policies, but the . erect property insurance shall not be canceled or permitted to by an appropriate Change QFdef: efWritten Amendment. lapse on account of any such partial use or occupancy. r and settle any less �Ari h t-he insurers utilegg Rae of the pat4ie ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES shall _h:est in winfing within 15 days after the occuffenee f 1 __.. to 03ALQLR' s e..e_eise of this ....-. e_ If 6.01 Supervision and Superintendence settlementh inStirOn acccfdA. c.. . . :th 91.1ch agreeniefit as the parties io :_ est may reach if no s ...h A. CONTRACTOR shall supervise, inspect, and 1 agreement among the pa.4ies in interest is reached, OAxrnrr,R direct the Work competently and efficiently, devoting such 00700 - 19 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 famish satisfactory evidence construction which is shown or indicated in and expressly (including reports of required tests) as to the source, kind, l required by the Contract Documents. CONTRACTOR and quality of materials and equipment. All materials and J 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 1 . CONTRACTOR shall submit to ENGI- J 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 regularworking 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 performance 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 1 ENGINEER. J New Paragraphs 6.02.B,1, 2, 3, 4, and 5 have been added. See theSupplementaryConditions. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, 1 transportation, construction equipment and machinery, Jtools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other { facilities and incidentals necessary for the performance, {J testing, start-up, and completion of the Work. 00700 - 20 J 6.05 Substitutes and "Or-Equals " b. CONTRACTOR shall submit sufficient Paragraph 6.05.A has been deleted and replaced with a information as provided below to allow ENGI- new paragraph. See the Supplementary Conditions. NEER to determine that the item of material or A. 1ALh ,..e. .Pr a itent of mat ._: .l of equipmentequipment proposed is essentially equivalent to °,.:lied e_ de.. ._:l ed . the 0ont_aet neon ..enta b usin that named and an acceptable substitute therefor. Requests for review of proposed substitute items Supplier, the speeifisation or description is interided-to of material or equipment will not be accepted by establish —the--type, fanatien eand quality ENGINEER from anyone other than CON- J TRACTOR. s Ellik. ed b . dials Feading that no lake equivalent, .. c. The procedure for review by ENGI of material Of eqUipffleAt OF mateFial or equipment of ether NEER will be as set forth in paragraph Suppliers may be submitted to ENGINEER for feview 6.05 .A.2.d, as supplemented in the General un&F the offetimstances 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 fust 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 i named if: achievement of Substantial Completion on time, 1 . whether or not use of the proposed substitute JSentence 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 J and design characteristics; (ii) '; ^ '^ , �•="—rz.,abr item in connection with the Work is subject to ., f ._.., leastequally 11the function payment of any license fee or royalty. All i...pesed L. the design concept of the completed variations of the proposed substitute item from Projeet as _ fun° :ening wh le °kali 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 j a. If in ENGINEER's sole discretion an proposed substitute item. ENGINEER may Jitem 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. i 00700 - 21 J B . Substitute Construction Methods or Procedures: or other individual or entity to furnish or perform any of the If a specific means, method, technique, sequence, or Work against whom CONTRACTOR has reasonable procedure of construction is shown or indicated in and objection. expressly required by the Contract Documents, CON- TRACTOR may furnish or utilize a substitute means, meth- B . If the Supplementary Conditions require the od, technique, sequence, or procedure of construction identity of certain Subcontractors, Suppliers, or other approved by ENGINEER. CONTRACTOR shall submit individuals or entities to be submitted to OWNER in sufficient information to allow ENGINEER, in advance for acceptance by OWNER by a specified date ENGINEER's sole discretion, to determine that the prior to the Effective Date of the Agreement, and if substitute proposed is equivalent to that expressly called for CONTRACTOR has submitted a list thereof in accordance by the Contract Documents. The procedure for review by with the Supplementary Conditions, OWNER's acceptance ENGINEER will be similar to that provided in subpara- (either in writing or by failing to make written objection graph 6.05.A.2. thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any C. Engineer's Evaluation: ENGINEER will be such Subcontractor, Supplier, or other individual or entity - allowed a reasonable time within which to evaluate each so identified may be revoked on the basis of reasonable proposal or submittal made pursuant to paragraphs 6.05 .A objection after due investigation. CONTRACTOR shall and 6.05 .B . ENGINEER will be the sole judge of accept- submit an acceptable replacement for the rejected ability. No ` or-equal" or substitute will be ordered, Subcontractor, Supplier, or other individual or entity, and installed or utilized until ENGINEER' s review is complete, the Contract Price will be adjusted by the difference in the which will be evidenced by either a Change Order for a cost occasioned by such replacement, and an appropriate substitute or an approved Shop Drawing for an "or equal." Change Order will be issued or Written Amendment signed. y ENGINEER will advise CONTRACTOR in writing of any No acceptance by OWNER of any such Subcontractor, J 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 furnishing any of the Work just as will record time required by ENGINEER and CONTRACTOR is responsible for CONTRACTOR's own ENGINEER's Consultants in evaluating substitute proposed acts and omissions. Nothing in the Contract Documents or submitted by CONTRACTOR pursuant to paragraphs shall create for the benefit of any such Subcontractor, 6.05 .A.2 and 6.05 .13 and in making changes in the Contract Supplier, or other individual or entity any contractual Documents (or in the provisions of any other direct contract relationship between OWNER or ENGINEER and any such - with OWNER for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, nor Whether or not ENGINEER approves a substitute item so shall it create any obligation on the part of OWNER or proposed or submitted by CONTRACTOR, CON- ENGINEER to pay or to see to the payment of any moneys TRACTOR shall reimburse OWNER for the charges of due any such Subcontractor, Supplier, or other individual or ENGINEER and ENGINEER' s Consultants for evaluating entity except as may otherwise be required by Laws and each such proposed substitute. Regulations. F. CONTRACTOR 's Expense: CONTRACTOR shall A new sentence has been added at the end of Paragraph provide all data in support of any proposed substitute or 6.06.C. See the Supplementary Conditions. "or-equal" at CONTRACTOR' s expense. D. CONTRACTOR shall be solely responsible for 6.06 Concerning Subcontractors, Suppliers, and Others scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or A. CONTRACTOR shall not employ any Subcon- furnishing any of the Work under a direct or indirect tractor, Supplier, or other individual or entity (including contract with CONTRACTOR. those acceptable to OWNER as indicated in paragraph 6.06.13), whether initially or as a replacement, against whom E. CONTRACTOR shall require all Subcontractors, OWNER may have reasonable objection. CONTRACTOR Suppliers, and such other individuals or entities performing shall not be required to employ any Subcontractor, Supplier, 00700 - 22 0 or furnishing any of the Work to communicate with ENGI- and other professionals and all court or arbitration or other NEER through CONTRACTOR. dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the F. The divisions and sections of the Specifications use in the performance of the Work or resulting from the and the identifications of any Drawings shall not control incorporation in the Work of any invention, design, process, CONTRACTOR in dividing the Work among Subcon- product, or device not specified in the Contract Documents. tractors or Suppliers or delineating the Work to be performed by any specific trade. 6.08 Permits G. All Work performed for CONTRACTOR by a A. Unless otherwise provided in the Supplementary Subcontractor or Supplier will be pursuant to an appropriate Conditions, CONTRACTOR shall obtain and pay for all agreement between CONTRACTOR and the Subcontractor construction permits and licenses. OWNER shall assist -�-7 or Supplier which specifically binds the Subcontractor or CONTRACTOR, when necessary, in obtaining such JSupplier to the applicable terms and conditions of the permits and licenses. CONTRACTOR shall pay all Contract Documents for the benefit of OWNER and governmental charges and inspection fees necessary for the ENGINEER. Whenever any such agreement is with a prosecution of the Work which are applicable at the time of Subcontractor or Supplier who is listed as an additional opening of Bids, or, if there are no Bids, on the Effective insured on the property insurance provided in paragraph Date of the Agreement CONTRACTOR shall pay all 5 .06, the agreement between the CONTRACTOR and the charges of utility owners for connections to the Work, and Subcontractor or Supplier will contain provisions whereby OWNER shall pay all charges of such utility owners for the Subcontractor or Supplier waives all rights against capital costs related thereto, such as plant investment fees. OWNER, CONTRACTOR, ENGINEER, ENGINEER' s Consultants, and all other individuals or entities identified in New Paragraphs 6.08.B, C, and D have been added. See the Supplementary Conditions to be listed as insureds or the Supplementary Conditions. additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors 6.09 Laws and Regulations J 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, CONTRA& 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 Jto all fees and charges of engineers, architects, attorneys, entitlement to or on the amount or extent, if any, of any such 00700 - 23 0 Dadjustment, a Claim may be made therefor as provided in disposal of such waste materials, rubbish, and other debris paragraph 10.05 . shall conform to applicable Laws and Regulations. 6. 10 Taxes C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it A. CONTRACTOR shall pay all sales, consumer, ready for utilization by OWNER. At the completion of the J use, and other similar taxes required to be paid by Work CONTRACTOR shall remove from the Site all tools, CONTRACTOR in accordance with the Laws and appliances, construction equipment and machinery, and Regulations of the place of the Project which are applicable surplus materials and shall restore to original condition all during the performance of the Work. property not designated for alteration by the Contract Documents. 6. 11 Use of Site and Other Areas D. Loading Structures: CONTRACTOR shall not A. Limitation on Use of Site and Other Areas load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 1 . CONTRACTOR shall confine CONTRACTOR subject any part of the Work or adjacent construction equipment, the storage of materials and property to stresses or pressures that will endanger it. equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, 6. 12 Record Documents and shall not unreasonably encumber the Site and other areas with construction equipment or other A. CONTRACTOR shall maintain in a safe place at materials or equipment. CONTRACTOR shall the Site one record copy of all Drawings, Specifications, assume full responsibility for any damage to any Addenda, Written Amendments, Change Orders, Work such land or area, or to the owner or occupant Change Directives, Field Orders, and written interpretations thereof, or of any adjacent land or areas resulting and clarifications in good order and annotated to show from the performance of the Work. changes made during construction. These record documents together with all approved Samples and a 2. Should any claim be made by any such counterpart of all approved Shop Drawings will be available owner or occupant because of the performance of to ENGINEER for reference. Upon completion of the the Work, CONTRACTOR shall promptly settle Work, these record documents, Samples, and Shop with such other party by negotiation or otherwise Drawings will be delivered to ENGINEER for OWNER. resolve the claim by arbitration or other dispute i 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 J and hold harmless OWNER, ENGINEER, and programs in connection with the Work. ENGINEER's Consultant, and the officers, CONTRACTOR shalltakeall 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 00700 - 24 B . CONTRACTOR shall comply with all applicable give ENGINEER prompt written notice if CONTRACTOR Laws and Regulations relating to the safety of persons or believes that any significant changes in the Work or D property, or to the protection of persons or property from variations from the Contract Documents have been caused damage, injury, or loss ; and shall erect and maintain all thereby or are required as a result thereof. If ENGINEER necessary safeguards for such safety and protection. determines that a change in the Contract Documents is CONTRACTOR shall notify owners of adjacent property required because of the action taken by CONTRACTOR in and of Underground Facilities and other utility owners when response to such an emergency, a Work Change Directive prosecution of the Work may affect them, and shall or Change Order will be issued. cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or 6. 17 Shop Drawings and Samples loss to any property referred to in paragraph 6. 13.A.2 or 6. 13.A.3 caused, directly or indirectly, in whole or in part, A. CONTRACTOR shall submit Shop Drawings to by CONTRACTOR, any Subcontractor, Supplier, or any ENGINEER for review and approval in accordance with the other individual or entity directly or indirectly employed by acceptable schedule of Shop Drawings and Sample any of them to perform any of the Work, or anyone for submittals. All submittals will be identified as ENGINEER whose acts any of them may be liable, shall be remedied by may require and in the number of copies specified in the CONTRACTOR (except damage or loss attributable to the General Requirements. The data shown on the Shop fault of Drawings or Specifications or to the acts or Drawings will be complete with respect to quantities, omissions of OWNER or ENGINEER or ENGINEER' s dimensions, specified performance and design criteria, Consultant, or anyone employed by any of them, or anyone materials, and similar data to, show ENGINEER the for whose acts any of them may be liable, and not services, materials, and equipment CONTRACTOR attributable, directly or indirectly, in whole or in part, to the proposes to provide and to enable ENGINEER to review fault or negligence of CONTRACTOR or any the information for the limited purposes required by Subcontractor, Supplier, or other individual or entity paragraph 6. 17 .E. directly or indirectly employed by any of them). CONTRACTOR' s duties and responsibilities for safety and B . CONTRACTOR shall also submit Samples to for protection of the Work shall continue until such time as ENGINEER for review and approval in accordance with the all the Work is completed and ENGINEER has issued a acceptable schedule of Shop Drawings and Sample notice to OWNER and CONTRACTOR in accordance with submittals. Each Sample will be identified clearly as to paragraph 14.07.13 that the Work is acceptable (except as material, Supplier, pertinent data such as catalog numbers, J otherwise expressly provided in connection with Substantial and the use for which intended and otherwise as ENGI- Completion). NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6. 14 Safety Representative 6. 17 .E. The numbers of each Sample to be submitted will be as specified in the Specifications. A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties C. Where a Shop Drawing or Sample is required by J and responsibilities shall be the prevention of accidents and the Contract Documents or the schedule of Shop Drawings the maintaining and supervising of safety precautions and and Sample submittals acceptable to ENGINEER as programs. required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent 6. 15 Hazard Communication Programs submittal will be at the sole expense and responsibility of CONTRACTOR. A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other D. Submittal Procedures J hazard communication information required to be made available to or exchanged between or among employers at 1 . Before submitting each Shop Drawing or j the Site in accordance with Laws or Regulations. Sample, CON'T'RACTOR shall have determined and Jverified: 6. 16 Emergencies a. all field measurements, quantities, dimen- A. In emergencies affecting the safety or protection of sions, specified performance criteria, installation persons or the Work or property at the Site or adjacent requirements, materials, catalog numbers, and thereto, CONTRACTOR is obligated to act to prevent similar information with respect thereto; 1 threatened damage, injury, or loss. CONTRACTOR shall 1 00700 . 25 a Db. all materials with respect to intended use, incident thereto. The review and approval of a fabrication, shipping, handling, storage, assem- separate item as such will not indicate approval of bly, and installation pertaining to the perfor- the assembly in which the item functions. mance of the Work; 3. ENGINEER's review and approval of c. all information relative to means, meth- Shop Drawings or Samples shall not relieve CON- ods, techniques, sequences, and procedures of TRACTOR from responsibility for any variation construction and safety precautions and from the requirements of the Contract Documents programs incident thereto; and unless CONTRACTOR has in writing called ENGINEER' s attention to each such variation at the d. CONTRACTOR shall also have time of each submittal as required by paragraph reviewed and coordinated each Shop Drawing or 6. 17 .D.3 and ENGINEER has given written Sample with other Shop Drawings and Samples approval of each such variation by specific written and with the requirements of the Work and the notation thereof incorporated in or accompanying Contract Documents. the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR 2. Each submittal shall bear a stamp or from responsibility for complying with the require- specific written indication that CONTRACTOR has ments of paragraph 6. 17.D. 1 . satisfied CONTRACTOR's obligations under the Contract Documents with respect to F. Resubmittal Procedures CONTRACTOR' s review and approval of that submittal. 1 . CONTRACTOR shall make corrections required by ENGINEER and shall return the 3 . At the time of each submittal, CON- required number of corrected copies of Shop TRACTOR shall give ENGINEER specific written Drawings and submit as required new Samples for notice of such variations, if any, that the Shop Draw- review and approval. CONTRACTOR shall direct mg 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 J where a particular means, method, technique, damage caused by: sequence, or procedure of construction is specifically and expressly called for by the Contract 1 . abuse, modification, or improper main- Documents) or to safety precautions or programs tenance or operation by persons other than CON- 00700 - 26 ON-00700 - 26 . ] TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is I . h ` h' e to bedil Meknes' responsible; or disease, death, ^ OF de t action of tangible r r y (ether than the WeA itself), 2. normal wear and tear under normal ineludinghe less ofe e resulting therefrom; and usage. _ k - ____d .- . .hele or in `. 4 by a ..egl: B . CONTRACTOR' s obligation to perform and er rnl.rrn CT-01 Sub s e^ complete the Work in accordance with the Contract eaFuFaetoF, aRy Supplief, at any individual of entity Documents shall be absolute. None of the following will directly of indiFeetly eWleyed by any ef them to constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of any of them may " liable, Fegardless of whethei: R CONTRACTOR' s obligation to perform the Work in not eaused in paFt by any negligence of eraissiam. -of accordance with the Contract Documents: an Fridi3OMAdal of entity '" e nir- ° he'e'.rider er imposed r^n sueh indemnified 1 . observations by ENGINEER; paFty by Imav"s ....d Regulations _ v.._dlerr_e�c negligence of any such individual of entity 2. recommendation by ENGINEER or pay- ment by OWNER of any progress or final payment; B . In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, 3. the issuance of a certificate of Substantial officers, directors, partners, or employees by any employee Completion by ENGINEER or any payment related (or the survivor or personal representative of such thereto by OWNER; employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly 4. use or occupancy of the Work or any part employed by any of them to perform any of the Work, or thereof by OWNER; anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not 5 . any acceptance by OWNER or any be limited in any way by any limitation on the amount or failure to do so; type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, 6. any review and approval of a Shop Draw- or other individual or entity under workers' compensation ing or Sample submittal or the issuance of a notice acts, disability benefit acts, or other employee benefit acts. of acceptability by ENGINEER; C. The indemnification obligations of CONTRAC- 7. any inspection, test, or approval by TOR under paragraph 6.20.A shall not extend to the others; or liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and "7 8. any correction of defective Work by other consultants and subcontractors of each and any of JI OWNER. them arising out of: 6.20 Indemnification 1 . the preparation or approval of, or the failure to prepare or approve, maps, Drawings, Paragraph 6.20.A has been deleted and replaced with a opinions, reports, surveys, Change Orders, designs, new paragraph. See the Supplementary Conditions. or Specifications; or A h Mlest extent pe..., ted by Laws and n b I .. C-ONTnnr>Tnn shallindemnify and h"l.l 2. giving directions or instructions, or harmless n.x RNCT Winn nnrnn49ER' s Consul failing to give them, if that is the primary cause of a the effieefs, difeetefs, paftneFs, e..,. loyee the injury or damage. any r h fie— and against all "1.,:,.,r costs losses, andElarnages (including but t limited to R11 Leer and charges f e4ehiteets, attorneys, and eche afessio .els_an I1 N e.thdispute - se.l .t costs) 00700 - 27 ARTICLE 7 - OTHER WORK integration with CONTRACTOR' s Work except for latent defects and deficiencies in such other work. 7 .01 Related Work at Site 7 .02 Coordination A. OWNER may perform other work related to the A. If OWNER intends to contract with others for the Project at the Site by OWNER' s employees, or let other performance of other work on the Project at the Site, the direct contracts therefor, or have other work performed by following will be set forth in Supplementary Conditions: utility owners. If such other work is not noted in the Con- tract Documents, then: 1 . the individual or entity who will have authority and responsibility for coordination of the 1 , written notice thereof will be given to activities among the various contractors will be CONTRACTOR prior to starting any such other identified; 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 engineer-te-whem this paragraph are for the benefit of such utility owners and makes no Feasenable objee""" 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 Punish the data required CONTRACTOR's Work depends upon work performed by of OWNER under the Contract Documents. -j others under this Article 7, CONTRACTOR shall inspect Jsuch 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 00700 - 28 ] 8.05 Lands and Easements; Reports and Tests responsibility in respect thereof will be as set forth in the Supplementary Conditions. A. OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05 . ARTICLE 9 - ENGINEER'S STATUS DURING Paragraph 4.02 refers to OWNER' S identifying and making CONSTRUCTION available to CONTRACTOR copies of reports of explora- tions and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or 9.01 OWNER 'S Representative subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract A. ENGINEER will be OWNER' S representative Documents. during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as 8.06 Insurance OWNER's representative during construction are set forth in the Contract Documents and will not be changed without A. OWNER'S responsibilities, if any, in respect to written consent of OWNER and ENGINEER. purchasing and maintaining liability and property insurance are set forth in Article 5 . 9.02 Visits to Site 8 .07 Change Orders A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as A. OWNER is obligated to execute Change Orders as ENGINEER deems necessary in order to observe as an indicated in paragraph 10.03 . experienced and qualified design professional the progress that has been made and the quality of the various aspects of 8.08 Inspections, Tests, and Approvals CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, A. OWNER's responsibility in respect to certain for the benefit of OWNER, will determine, in general, if the inspections, tests, and approvals is set forth in paragraph Work is proceeding in accordance with the Contract 13.03.B . Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check 8.09 Limitations on OWNER 'S Responsibilities the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater A. The OWNER shall not supervise, direct, or have degree of confidence that the completed Work will conform - control or authority over, nor be responsible for, generally to the Contract Documents. On the basis of such CONTRACTOR's means, methods, techniques, sequences, visits and observations, ENGINEER will keep OWNER or procedures of construction, or the safety precautions and informed of the progress of the Work and will endeavor to programs incident thereto, or for any failure of CON- guard OWNER against defective Work. TRACTOR to comply with Laws and Regulations applica- ble to the performance of the . Work. OWNER will not be B . ENGINEER's visits and observations are subject responsible for CONTRACTOR' s failure to perform the to all the limitations on ENGWEER'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 furnish 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 famish a Resident Project Representative to assist 00700 - 29 ENGINEER in providing more extensive observation of the as provided in paragraph 13 .04, whether or not the Work is Work. The responsibilities and authority and limitations fabricated, installed, or completed. thereon of any such Resident Project Representative and J assistants will be as provided in paragraph 9. 10 and in the 9.07 Shop Drawings, Change Orders and Payments Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site A. In connection with ENGINEER's authority as to who is not ENGINEER's Consultant, agent or employee, Shop Drawings and Samples, see paragraph 6. 17. the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the B . In connection with ENGINEER's authority as to Supplementary Conditions. Change Orders, see Articles 10, 11 , and 12. 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 . A"' n funetioning as '"`v"'"e'er and judo_ under this panigFaph 9.09, ENGINEER will net show partiali" A. ENGINEER will have authority to disapprove or Q)ALTsMR. BE C=QNTRAgT_QR And .. : ll Bet he '.'.c'c!e in reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated .by have been d by `~e�''ng of aecertance of `nal the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work pfesedent ... ..n, exercise by _ . . _ .__ _ _ _ _ _ _ _ _ _ _ f h fights a remedies as eithef rn ethef ise ha. e 00700 - 30 1MdRF b _ r ___ DE)CUFftentS or by Laws of RegulationsARTICLE 10 - CHANGES IN THE WORK; CLAIMS Fespeet ef an such Claim dispute, t, oto_ matt 9 . 10 Limitations on ENGINEER 's Authority and 10.01 Authorized Changes in the Work Responsibilities A. Without invalidating the Agreement and without A. Neither ENGINEER' s authority or responsibility notice to any surety, OWNER may, at any time or from time under this Article 9 or under any other provision of the to time, order additions, deletions, or revisions in the Work Contract Documents nor any decision made by ENGINEER by a Written Amendment, a Change Order, or a Work in good faith either to exercise or not exercise such Change Directive. Upon receipt of any such document, authority or responsibility or the undertaking, exercise, or CONTRACTOR shall promptly proceed with the Work performance of any authority or responsibility by involved which will be performed under the applicable ENGINEER shall create, impose, or give rise to any duty in conditions of the Contract Documents (except as otherwise contract, tort, or otherwise owed by ENGINEER to specifically provided). CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee B. If OWNER and CONTRACTOR are unable to or agent of any of them. agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or B . ENGINEER will not supervise, direct, control, or both, that should be allowed as a result of a Work Change have authority over or be responsible for CONTRACTOR's Directive, a Claim may be made therefor as provided in means, methods, techniques, sequences, or procedures of paragraph 10.05 . construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to - 10.02 Unauthorized Changes in the Work comply with Laws and Regulations applicable to the perfor- mance of the Work. ENGINEER will not be responsible A. CONTRACTOR shall not be entitled to an for CONTRACTOR' s failure to perform the Work in accor- increase in the Contract Price or an extension of the dance with the Contract Documents. Contract Times with respect to any work performed that is not required by the Contract Documents as amended, C. ENGINEER will not be responsible for the acts or modified, or supplemented as provided in paragraph 3 .04, omissions of CONTRACTOR or of any Subcontractor, any except in the case of an emergency as provided in paragraph Supplier, or of any other individual or entity performing 6. 16 or in the case of uncovering Work as provided in any of the Work. paragraph 13 .04.B . D. ENGINEER' s review of the final Application for 10.03 Execution of Change Orders Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, A. OWNER and CONTRACTOR shall execute Bonds, certificates of inspection, tests and approvals, and appropriate Change Orders recommended by ENGINEER other documentation required to be delivered by paragraph (or Written Amendments) covering: 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case 1 . changes in the Work which are: (i) -y of certificates of inspections, tests, and approvals that the ordered by OWNER pursuant to paragraph 10.01 .A, J results certified indicate compliance with, the Contract (ii) required because of acceptance of defective Documents. Work under paragraph 13 .08.A or OWNER' s correction of defective Work under paragraph 13.09, E. The limitations upon authority and responsibility or (iii) agreed to by the parties; set forth in this paragraph 9. 10 shall also apply to ENGINEER's Consultants, Resident Project Repre- 2. changes in the Contract Price or Contract sentative, and assistants. Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3 . changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- 00700 - 31 Jgraph 10.05 ; provided that, in lieu of executing any the dispute resolution procedures set forth in Article such Change Order, an appeal may be taken from 16; or any such decision in accordance with the provisions of the Contract Documents and applicable Laws and 2. if no such dispute resolution procedures Regulations, but during any such appeal, have been set forth in Article 16, a written notice of CONTRACTOR shall carry on the Work and adhere intention to appeal from ENGINEER's written to the progress schedule as provided in paragraph decision is delivered by OWNER or CONTRAC- 6. 18.A. TOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal 10.04 Notification to Surety proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after A. If notice of any change affecting the general scope the date of such decision or within 60 days after of the Work or the provisions of the Contract Documents Substantial Completion, whichever is later (unless (including, but not limited to, Contract Price. or Contract otherwise agreed in writing by OWNER and Times) is required by the provisions of any Bond to be CONTRACTOR), to exercise such rights or given to a surety, the giving of any such notice will be remedies as the appealing party may have with CONTRACTOR' s responsibility. The amount of each respect to such Claim, dispute, or other matter in applicable Bond will be adjusted to reflect the effect of any accordance with applicable Laws and Regulations. such change. C. If ENGINEER does not render a formal decision 10.05 Claims and Disputes in writing within the time stated in paragraph 10.05 .13 , a decision denying the Claim in its entirety shall be deemed to A. Notice: Written notice stating the general nature have been issued 31 days after receipt of the last submittal of each Claim, dispute, or other matter shall be delivered by of the claimant or the last submittal of the opposing party, the claimant to ENGINEER and the other party to the if any. Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the D. No Claim for an adjustment in Contract Price or amount or extent of the Claim, dispute, or other matter with Contract Times (or Milestones) will be valid if not supporting data shall be delivered to the ENGINEER and submitted in accordance with this paragraph 10.05. the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in ARTICLE I1 - COST OF THE WORK; CASH support of such Claim, dispute, or other matter). A Claim ALLOWANCES ; UNIT PRICE WORK for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01 .13 . A Claim for an adjustment in Contract Time shall be prepared 11 .01 Cost of the Work in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written A. Costs Included: The term Cost of the Work means statement that the adjustment claimed is the entire the sum of all costs necessarily incurred and paid by CON- adjustment to which the claimant believes it is entitled as a TRACTOR in the proper performance of the Work. When result of said event. The opposing party shall submit any the value of any Work covered by a Change Order or when response to ENGINEER and the claimant within 30 days a Claim for an adjustment in Contract Price is determined after receipt of the claimant' s last submittal (unless on the basis of Cost of the Work, the costs to be reimbursed ENGINEER allows additional time). to CONTRACTOR will be only those additional or incremental costs required because of the change in the B. ENGINEER 's Decision: ENGINEER will render Work or because of the event giving rise to the Claim. a formal decision in writing within 30 days after receipt of Except as otherwise may be agreed to in writing by the last submittal of the claimant or the last submittal of the OWNER, such costs shall be in amounts no higher than opposing party, if any. ENGINEER' s written decision on those prevailing in the locality of the Project, shall include such Claim, dispute, or other matter will be final and only the following items, and shall not include any of the 1 binding upon OWNER and CONTRACTOR unless: costs itemized in paragraph 11 .01 .13 - 1 . 1 .01 .13 .1 . an appeal from ENGINEER' s decision is 1 . Payroll costs for employees in the direct - taken within the time limits and in accordance with employ of CONTRACTOR in the performance of the Work under schedules of job classifications 00700 - 32 agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation a. The proportion of necessary trans- superintendents, foremen, and other personnel portation, travel, and subsistence expenses of employed full time at the Site. Payroll costs for CONTRACTOR's employees incurred in discharge employees not employed full time on the Work shall of duties connected with the Work. be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited b. Cost, including transportation and main- to, salaries and wages plus the cost of fringe tenance, of all materials, supplies, equipment, benefits, which shall include social security machinery, appliances, office, and temporary facili- contributions, unemployment, excise, and payroll ties at the Site, and hand tools not owned by the taxes, workers' compensation, health and retirement workers, which are consumed in the performance of benefits, bonuses, sick leave, vacation and holiday the Work, and cost, less market value, of such items pay applicable thereto. The expenses of performing used but not consumed which remain the property of Work outside of regular working hours, on Saturday, CONTRACTOR. Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. _ C. Rentals of all construction equipment and machinery, and the parts thereof whether rented 2. Cost of all materials and equipment fur- from CONTRACTOR or others in accordance with nished and incorporated in the Work, including costs rental agreements approved by OWNER with the of transportation and storage thereof, and Suppliers' advice of ENGINEER, and the costs of field services required in connection therewith. All transportation, loading, unloading, assembly, cash discounts shall accrue to CONTRACTOR dismantling, and removal thereof. All such costs unless OWNER deposits funds with shall be in accordance with the terms of said rental CONTRACTOR with which to make payments, in agreements. The rental of any such equipment, ma- which case the cash discounts shall accrue to chinery, or parts shall cease when the use thereof is OWNER. All trade discounts, rebates and refunds no longer necessary for the Work. and returns from sale of surplus materials and equipment shall accrue to OWNER, and d. Sales, consumer, use, and other similar CONTRACTOR shall make provisions so that they taxes related to the Work, and for which CON- may be obtained. TRACTOR is liable, imposed by Laws and Regu- lations. 3 . Payments made by CONTRACTOR to Subcontractors for Work performed . by e . Deposits lost for causes other than negli- Subcontractors. If required by OWNER, CON- gence of CONTRACTOR, any Subcontractor, or TRACTOR shall obtain competitive bids from anyone directly or indirectly employed by any of subcontractors acceptable to OWNER and CON- them or for whose acts any of them may be liable, TRACTOR and shall deliver such bids to OWNER, and royalty payments and fees for permits and who will then determine, with the advice of ENGI- licenses. NEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be f Losses and damages (and related expenses) y paid on the basis of Cost of the Work plus a fee, the caused by damage to the Work, not compensated by J Subcontractor' s Cost of the Work and fee shall be insurance or otherwise, sustained by determined in the same manner as CONTRACTOR in connection with the perfor- CONTRACTOR's Cost of the Work and fee as mance of the Work (except losses and damages provided in this paragraph 11 .01 . within the deductible amounts of property insurance established in accordance with paragraph 5 .06.1)), 4. Costs of special consultants (including provided such losses and damages have resulted but not limited to engineers, architects, testing from causes other than the negligence of laboratories, surveyors, attorneys, and accountants) CONTRACTOR, any Subcontractor, or anyone employed for services specifically related to the directly or indirectly employed by any of them or for Work. whose acts any of them may be liable. Such losses shall include settlements made with the written 5 . Supplemental costs including the consent and approval of OWNER. No such losses, 1 following: damages, and expenses shall be included in the Cost J 00700 - 33 of the Work for the purpose of determining limited to, the correction of defective Work, disposal CONTRACTOR' s fee. of materials or equipment wrongly supplied, and making good any damage to property. g. The cost of utilities, fuel, and sanitary facilities at the Site. 5 . Other overhead or general expense costs of any kind and the costs of any item not specifically J h. Minor expenses such as telegrams, long and expressly included in paragraphs 11 .01 .A and distance telephone calls, telephone service at the 11 .01 .B . Site, expressage, and similar petty cash items in connection with the Work. C. CONTRACTOR 's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee i. When the Cost of the Work is used to shall be determined as set forth in the Agreement. When determine the value of a Change Order or of a the value of any Work covered by a Change Order or when Claim, the cost of premiums for additional Bonds a Claim for an adjustment in Contract Price is determined and insurance required because of the changes in the on the basis of Cost of the Work, CONTRACTOR's fee Work or caused by the event giving rise to the shall he determined as set forth in paragraph 12.01 .C. Claim. D. Documentation: Whenever the Cost of the Work j . When all the Work is performed on the for any purpose is to be determined pursuant to paragraphs basis of cost-plus, the costs of premiums for all 11.01 .A and 11 .013 , CONTRACTOR will establish and Bonds and insurance CONTRACTOR is required by maintain records thereof in accordance with generally the Contract Documents to purchase and maintain. accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown B . Costs Excluded: The term Cost of the Work shall together with supporting data. not include any of the following items: 11 .02 Cash Allowances 1 . Payroll costs and other compensation of CONTRACTOR' s officers, executives, principals A. It is understood that CONTRACTOR has included (of partnerships and sole proprietorships) , general in the Contract Price all allowances so named in the J managers, engineers, architects, estimators, attor- Contract Documents and shall cause the Work so covered to neys, auditors, accountants, purchasing and con- be performed for such sums as may be acceptable to tracting agents, expediters, timekeepers, clerks, and OWNER and ENGINEER. CONTRACTOR agrees that: other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR' s principal 1 . the allowances include the cost to CON- or branch office for general administration of the TRACTOR (less any applicable trade discounts) of Work and not specifically included in the agreed . materials and equipment required by the allowances upon schedule of job classifications referred to in to be delivered at the Site, and all applicable taxes; paragraph 11 .0l .A. 1 or specifically covered by and paragraph 11 .0l .A.4, all of which are to be considered administrative costs covered by the 2. CONTRACTOR' s costs for unloading CONTRACTOR' s fee. and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated 2. Expenses -of CONTRACTOR's principal for the allowances have been included in the and branch offices other than CONTRACTOR' s Contract Price and not in the allowances, and no office at the Site. _ demand for additional payment on account of any of the foregoing will be valid. 3. Any part of CONTRACTOR' s capital expenses, including interest on CONTRACTOR's B . Prior to final payment, an appropriate Change capital employed for the Work and charges against Order will be issued as recommended by ENGINEER to CONTRACTOR for delinquent payments. reflect actual amounts due CONTRACTOR on account of -� . Work covered by allowances, and the Contract Price shall J4. Costs due to the negligence of CON- be correspondingly adjusted. TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose 11 . 03 Unit Price Work acts any of them may be liable, including but not 00700 - 34 A. Where the Contract Documents provide that all or B . The value of any Work covered by a Change part of the Work is to be Unit Price Work, initially the Order or of any Claim for an adjustment in the Contract Contract Price will be deemed to include for all Unit Price Price will be determined as follows: Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the 1 . where the Work involved is covered by estimated quantity of each item as indicated in the Agree- unit prices contained in the Contract Documents, by ment. The estimated quantities of items of Unit Price Work application of such unit prices to the quantities of the are not guaranteed and are solely for the purpose of items involved (subject to the provisions of para- comparison of Bids and determining an initial Contract graph 11 .03 ); or Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Part of paragraph 12.01.11.2 has been deleted. CONTRACTOR will be made by ENGINEER subject to 2. where the Work involved is not covered the provisions of paragraph 9.08. by unit prices contained in the Contract Documents, by a mutually agreed lump sum `�-�"�u4e B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to :n •^^^-a -flee .. :a, paragEap . 1 n, r . Ew. cover CONTRACTOR's overhead and profit for each separately identified item. Paragraph 12.01.B.3 has been deleted in its entirety. 3 . where the WeEk itivelved is net sev C. OWNER or CONTRACTOR may make a Claim by unit priees for an adjustment in the Contract Price in accordance with ie ^d " a lump sure is net feaeh"'° and paragraph 10.05 if: paFagraph 12.01 .B .2, the basis ..f the Cost of the Work (deteFaiined as pro�4ded in paragmph 11 .01 1 . the quantity of any item of Unit Price Work performed by CONTRACTOR differs mate (determined as pFevided in paFagfaph - rially and significantly from the estimated quantity of such item indicated in the Agreement; and Paragraph 12.01.0 has been deleted in its entirety. 2. there is no corresponding adjustment with respect any other item of Work; and ,,i t..a11. ,.....e.a..l.lo QeoA fee . ... 3 . if CONTRACTOR believes that CONTRACTOR is entitled to an increase in t. ',f" fi*=a-=fee is "^` aggeed -ren, then a Contract Price as a result of having incurred addi- fee based on the fellewing pereen_a__ of the tional expense or OWNER believes that OWNER is 1 ,arieus PeEtiens of the Gest of the Walk. entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any a. for ?nsurFe ' undef _..-.. ._....1 such increase or decrease. 11 .04 4 4 d 11 .01 n . rn the Cvmn nCT fee shall -inD ' ARTICLE 12 - CHANGE OF CONTRACT PRICE; b _._ __ —ed undeF paragFa h CHANGE OF CONTRACT TIMES 11 .01 .A.3 , 1 mo n CTQR' s 0,... ..1. .11 b five pefeent; 12.01 Change of Contract Price a '' f qubpeiufaets f Ceqt of the xx efk plus ., fee A. The Contract Price may only be changed by a and J no `fixed f-_ is _a_ _a _r_n, the f Change Order or by a Written Amendment. Any Claim for r a-1 nr a is that the Sinop nt-F .^teF an adjustment in the Contract Price shall be based on whe actually peffamis the WeAE, at whateve written notice submitted by the party making the Claim to tief, will be paid c fee. of 15 pereent of the east the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05 . 14 .01A . 1 and that any hige�� Su,bPRntFaP.taF d QQ]SrTD n C4Q .. :11 e.. ..l. 1, the .. ....t 1 - quhporitr J 00700 - 35 CONTRACTOR. Delays attributable to and within the d m^ fee ghall ,.e payable en the bass. ,.a control of a Subcontractor or Supplier shall be deemed to be eests e...: .ed ...der _ ... . phs t t ,n , n delays within the control of CONTRACTOR. n1 .01 .A.5 , and d limn . 12.05 Delays Beyond OWNER 's and CONTRACTOR 's a the arneunt of .._edit to be allowed b Control ynwrlvnr•TOR te CAWrnEo c,._ a _ti __e^ vzh,' h. results :.. - .-_ a - _- - ___ --. - 111 h _ A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times a.,d.. .t: ,... if, rnnrrnnnTnn {^^ by—an (or Milestones) due to delay beyond the control of both equal to five pefeent of such ript OWNER and CONTRACTOR, an extension of the decrease; an Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. ; al. ed in an ene change, the ad:. s4me..t i.. fee shall be computed an the 12.06 Delay Damages . .a dffough inelu Paragraphs 12.06.A and 12.06 B have been deleted and sire replaced with a new paragraph. See the Supplementary Conditions. 12.02 Change of Contract Times A. IB ne event shall 0.xnaco e_ BNC-4NERR b liable to C-QP1q4ZAGT0R, JA. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. empleyee of agent of any of them, feF damages--� Any Claim for an adjustment in the Contract Times (or of ar resulting fFemi Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other 1 . delays eaused by of within the eent' party to the Contract in accordance with the provisions of ('^"'"t'R " GTQ ; a paragraph 10.05 . 2. delays beyend the eefftFel of both B . Any adjustment of the Contract Times (or Olm*sn d CONTRACTOR ineludi no oat not Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be c;epditians, aeas ` C d, eF aets eF - °^Leet by _till determined in accordance with the provisions of this ..mners orother eefgfastefs peffee�.a at e: _AF4 Article 12. as sentemplated by As4iele 7 , 12.03 Delays Beyond CONTRACTOR 's Control n N h -a `- this pu aph 12-06 bus a shah A. Where CONTRACTOR is prevented from GO n nn d te dela :tae F^_ ^^ OF disFa tiefl- completing any part of the Work within the Contract Times - (or Milestones) due to delay beyond the control of anyane fef .. hem QWTs : _ _.._ ....:ue CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph ARTICLE 13 c TESTS AND INSPECTIONS ; 12.02.A- Delays beyond the control of CONTRACTOR CORRECTION, REMOVAL OR ACCEPTANCE OF shall include, but not be limited to, acts or neglect by DEFECTIVE WORK OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7 , fires, floods, epidemics, abnormal weather 13 .01 Notice of Defects conditions, or acts of God. A. Prompt notice of all defective Work of which 12.04 Delays Within CONTRACTOR 's Control OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be A. The Contract Times (or Milestones) will not be rejected, corrected, or accepted as provided in this extended due to delays within the control of Article 13 . 00700 - 36 prior to CONTRACTOR's purchase thereof for 13 .02 Access to Work incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to A. OWNER, ENGINEER, ENGINEER' s Con- OWNER and ENGINEER. sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies E. If any Work (or the work of others) that is to be with jurisdictional interests will have access to the Site and inspected, tested, or approved is covered by CONTRAC- the Work at reasonable times for their observation, TOR without written concurrence of ENGINEER, it must, inspecting, and testing. CONTRACTOR shall provide if requested by ENGINEER, be uncovered for observation. them proper and safe conditions for such access and advise them of CONTRACTOR' s Site safety procedures and F. Uncovering Work as provided in paragraph programs so that they may comply therewith as applicable. 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENGINEER timely notice of 13.03 Tests and Inspections CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in A. CONTRACTOR shall give ENGINEER timely response to such notice. notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and 13.04 Uncovering Work testing personnel to facilitate required inspections or tests. A. If any Work is covered contrary to the written Paragraph 13.03.E has been deleted and replaced with a request of ENGINEER, it must, if requested by ENGI- new paragraph. See the Supplementary Conditions. NEER, be uncovered for ENGINEER's observation and B QWPS M . ha4l e-..pley and pa fe f the semi .oma ss replaced at CONTRACTOR's expense. approvals equiFed by the C^utr^^_ T_'^^_ents Parts of the last two sentences of paragraph 13.04.E exsepte have been deleted. - _ ^^^` B . If ENGINEER considers it necessary or advisable 1 for ^ ^^ tests, ^ ^•• i that covered Work be observed by ENGINEER or inspect- e_ed b ., _ gFaf3hs i a na r and 1 a na D belew; ed or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available 2. t-hat oests insuffed inwith for observation, inspection, or testing as ENGINEER may tests or inspeGtiens ean"eted pursuant to paiagFap require, that portion of the Work in question, furnishing all 13 .04 .13 shall be paid as ffevided in said paragFap necessary labor, material, and equipment. If it is found that 13 .04 .B ; and such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not 3 athe_.. : , ^^ir^a"• pFevided i- " ^ limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and Paragraph 13.03.0 has been deleted in its entirety. testing, and of satisfactory replacement or reconstruction Q rr raw ^_ Regulmiens of any publi^ r.^.,. (including but not limited to all costs of repair or Fisdietien feElui-^ an), `*'^r4 (of ^^^ thefeef) spe-f?ea4l.y replacement of work of others); and OWNER shall be te be :nspe,..^a tested ^_ apffOved 4y an mol eyee ^_ ^.r.o_ 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 defective, CONTRACTOR shall be. allowed __ =iia Jef inspection of appFeNtah "lC^-Ile an extension of the Contract Times (or Milestones) , er bot` , directly attributable to such D. CONTRACTOR shall be responsible for uncovering, exposure, observation, inspection, testing, arranging and obtaining and shall pay all costs in connection replacement, and reconstruction. If the parties are unable to with any inspections, tests, or approvals required for agree as to the amount e extent thereof, CONTRACTOR OWNER' s and ENGINEER' s acceptance of materials or may make a Claim therefor as provided in paragraph 10.05 . l equipment to be incorporated in the Work; or acceptance of Jmaterials, mix designs, or equipment submitted for approval J 00700 - 37 Paragraph 13.05.A has been deleted and replaced with a corrected or repaired or may have the rejected Work re- new paragraph. See the Supplementary Conditions. moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of 13 .05 OWNER May Stop the Work engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) rf h xxr k is defeefiva, eF GONTo n nTnn failg arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be the plat^a m^_l, ill enFa.m to the CoRtres paid by CONTRACTOR. DeoumerAs, 941NED may ..F,ler 90n4RAGTOR to sta t�r ti xxa,� WeEk, of any pei4ienr there:f until the e&nse fir ^ B . In special circumstances where a particular item of cifdeF h been eliminated ; however,y tr._^ right of 03AWcv equipment is placed in continuous service before te step the Wark- �ha Substantial Completion of all the Work, the correction o f p rpMR tp mercise this ;igbt f^_ the beef' of period for that item may start to tun from an earlier date if GOrq:RAGTOR, any SubeeatFasteF, any Su fflie_ ^ so provided in the Specifications or by Written Amendment. ether ifidi"Wilill AF e..««. ..f ..... ^..met. fer, F e... � agent ef any of them C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and 13 .06 Correction or Removal of Defective Work replaced under this paragraph 13 .07, the correction period hereunder with respect to such Work will be extended for ' A. CONTRACTOR shall correct all defective Work, an additional . period of one year after such correction or whether or not fabricated, installed, or completed, or, if the removal and replacement has been satisfactorily completed. Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. D. CONTRACTOR's obligations under this CONTRACTOR shall pay all Claims, costs, losses, and paragraph 13.07 are in addition to any other obligation or damages (including but not limited to all fees and charges of warranty. The provisions of this paragraph 13 .07 shall not engineers, architects, attorneys, and other professionals and be construed as a substitute for or a waiver of the provisions all court or arbitration or other dispute resolution costs) of any applicable statute of limitation or repose. arising out of or relating to such correction or removal (including but not limited to all costs of repair or 13 .08 Acceptance of Defective Work replacement of work of others). A. If, instead of requiring correction or removal and 13 .07 Correction Period replacement of defective Work, OWNER (and, prior to ENGINEER' s recommendation of final payment, A. If within one year after the date of Substantial ENGINEER) prefers to accept it, OWNER may do so. Completion or such longer period of time as may be CONTRACTOR shall pay all Claims, costs, losses, and prescribed by Laws or Regulations or by the terms of any damages (including but not limited to all fees and charges of applicable special guarantee required by the Contract engineers, architects, attorneys, and other professionals and Documents or by any specific provision of the Contract all court or arbitration or other disputeresolution costs) Documents, any Work is found to be defective, or if the attributable to OWNER's evaluation of and determination repair of any damages to the land or areas made available to accept such defective Work (such costs to be approved for CONTRACTOR' s use by OWNER or permitted by by ENGINEER as to reasonableness) and the diminished Laws and Regulations as contemplated in paragraph 6. 11 .A value of the Work to the extent not otherwise paid by is found to be defective, CONTRACTOR shall promptly, CONTRACTOR pursuant to this sentence. If any such without cost to OWNER and in accordance with OWNER' s acceptance occurs prior to ENGINEER' s recommendation written instructions: (i) repair such defective land or areas, of final payment, a Change Order will be issued or (ii) correct such defective Work or, if the defective Work incorporating the necessary revisions in the Contract has been rejected by OWNER, remove it from the Project Documents with respect to the Work, and OWNER shall be and replace it with Work that is not defective, and (iii) entitled to an appropriate decrease in the Contract Price, satisfactorily correct or repair or remove and replace any reflecting the diminished value of Work so accepted. If the damage to other Work, to the work of others or other land parties are unable to agree as to the amount thereof, or areas resulting therefrom. If CONTRACTOR does not OWNER may make a Claim therefor as provided in promptly comply with the terms of such instructions, or in paragraph 10.05 . If the acceptance occurs after such an emergency where delay would cause serious risk of loss recommendation, an appropriate amount will be paid by or damage, OWNER may have the defective Work CONTRACTOR to OWNER. 00700 - 38 13 .09 OWNER May Correct Defective Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required 14.01 Schedule of Values by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance A. The schedule of values established as provided in with the Contract Documents, or if CONTRACTOR falls to paragraph 2.07.A will serve as the basis for progress J comply with any other provision of the Contract payments and will be incorporated into a form of Applica- Documents, OWNER may, after seven days written notice tion for Payment acceptable to ENGINEER. Progress to CONTRACTOR, correct and remedy any such payments on account of Unit Price Work will be based on deficiency. the number of units completed. B . In exercising the rights and remedies under this 14.02 Progress Payments paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, A. Applications for Payments OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and 1 . At least 20 days before the date estab- suspend CONTRACTOR' s services related thereto, take 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. J 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 J 00700 - 39 indicate in writing a recommendation of payment tion of any payment, including final payment, will and present the Application to OWNER or return the impose responsibility on ENGINEER to supervise, Application to CONTRACTOR indicating in writing direct, or control the Work or for the means, meth- ENGINEER' s reasons for refusing to recommend ods, techniques, sequences, or procedures of payment. In the latter case, CONTRACTOR may construction, or the safety precautions and programs make the necessary corrections and resubmit the incident thereto, or for CONTRACTOR' s failure to J Application. comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. 2. ENGINEER' s recommendation of any Additionally, said review or recommendation will payment requested in an Application for Payment not impose responsibility on ENGINEER to make will constitute a representation by ENGINEER to any examination to ascertain how or for what OWNER, based on ENGINEER's observations on purposes CONTRACTOR has used the moneys paid the Site of the executed Work as an experienced and on account of the Contract Price, or to determine qualified design professional and on ENGINEER's that title to any of the Work, materials, or equipment review of the Application for Payment and the has passed to OWNER free and clear of any Liens. accompanying data and schedules, that to the best of ENGINEER' s knowledge, information and belief: 5 . ENGINEER may refuse to recommend the whole or any part of any payment if, in a. the .Work has progressed to the point ENGINEER's opinion, it would be incorrect to indicated; make the representations to OWNER referred to in paragraph 14.02.B .2. ENGINEER may also refuse b. the quality of the Work is generally in to recommend any such payment or, because of accordance with the Contract Documents (sub- subsequently discovered evidence or the results of ject to an evaluation of the Work as a function- subsequent inspections or tests, revise or revoke any ing whole prior to or upon Substantial Comple- such payment recommendation previously made, to tion, to the results of any subsequent tests called such extent as may be necessary in ENGINEER' s for in the Contract Documents, to a final deter- opinion to protect OWNER from loss because: urination 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 J 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 C. Payment Becomes Due OWNER or entitle OWNER to withhold payment to JCONTRACTOR. 4 . Ten days .,r.o_ . .....tign of . e 4. Neither ENGINEER's review of J CONTRACTOR' S Work for the purposes of recom- mended will .s-b,--• -e the pFavisiens of par mending payments nor ENGINEER's recommenda- 00700 - 40 14 .92.D) beeemedue, and when due will be paid b Q]x WEA to r QNR n mmQn 14.04 Substantial Completion D. Reduction in Payment A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify 1 . OWNER may refuse to make payment of OWNER and ENGINEER in writing that the entire Work is the full amount recommended by ENGINEER substantially complete (except for items specifically listed because: by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. 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, complete, ENGINEER will prepare and deliver to OWNER a r.. .e va :r. n nd satisfa .teFy to OWN a tentative certificate of Substantial Completion which shall PU t,. -- �� - ta ,.c., ..t: .._ and ,1: ....hafg.. Af fix the date of Substantial Completion. There shall be �Xlsuch Liens; 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 Jwritten 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 JCONTRACTOR 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. 00700 - 41 14.05 Partial Utilization inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as A. Use by OWNER at OWNER'S option of any are necessary to complete such Work or remedy such substantially completed part of the Work which has deficiencies. specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 14.07 Final Payment constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose A. Application for Payment without significant interference with CONTRACTOR' s performance of the remainder of the Work, may be 1 . After CONTRACTOR has, in the accomplished prior to Substantial Completion of all the opinion of ENGINEER, satisfactorily completed all Work subject to the following conditions. corrections identified during the final inspection and has delivered, in accordance with the Contract 1 . OWNER at any time may request CON- Documents, all maintenance and operating TRACTOR in writing to permit OWNER to use any instructions, schedules, guarantees, Bonds, such part of the Work which OWNER believes to be certificates or other evidence of insurance ready for its intended use and substantially complete. certificates of inspection, marked-up record docu- If CONTRACTOR agrees that such part of the ments (as provided in paragraph 6. 12), and other Work is substantially complete, CONTRACTOR documents, CONTRACTOR may make application will certify to OWNER and ENGINEER that such for final payment following the procedure for part of - the Work is substantially complete and progress payments. request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 2. The final Application for Payment shall CONTRACTOR at any time may notify OWNER be accompanied (except as previously delivered) by: and ENGINEER in writing that CONTRACTOR (i) all documentation called for in the Contract considers any such part of the Work ready for its Documents, including but not limited to the intended use and substantially complete and request evidence of insurance required by subparagraph ENGINEER to issue a certificate of Substantial 5 .04.B .7 ; (ii) consent of the surety, if any, to final Completion for that part of the Work. Within a payment; and (iii) complete and legally effective reasonable time after either such request, OWNER, releases or waivers (satisfactory to OWNER) of all CONTRACTOR, and ENGINEER shall make an Lien rights arising out of or Liens filed in connection inspection of that part of the Work to determine its with the Work. status of completion. If ENGINEER does not consider that part of the Work to be substantially 3 . In lieu of the releases or waivers of Liens complete, ENGINEER will notify OWNER and specified in paragraph 14.07 .A.2 and as approved by CONTRACTOR in writing giving the reasons there- OWNER, CONTRACTOR may furnish receipts or for. 11 ENGINEER considers that part of the Work releases in full and an affidavit of CONTRACTOR lto be substantially complete, the provisions of para- that: (i) the releases and receipts include all labor, ! graph 14.04 will apply with respect to certification services, material, and equipment for which a Lien of Substantial Completion of that part of the Work could be filed; and (ii) all payrolls, material and J and the division of responsibility in respect thereof equipment bills, and other indebtedness connected and access thereto. with the Work for which OWNER or OWNER's property might in any way be responsible have been _ 2. No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or part of the Work may occur prior to compliance with Supplier fails to furnish such a release or receipt in the requirements of paragraph 5 . 10 regarding full, CONTRACTOR may furnish a Bond or other property insurance. collateral satisfactory to OWNER to indemnify OWNER against any Lien. 14.06 Final Inspection B . Review of Application and Acceptance A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, 1 . If, on the basis of ENGINEER' s observa- ENGINEER will promptly make a final inspection with tion of the Work during construction and final OWNER and CONTRACTOR and will notify CON- inspection, and ENGINEER' s review of the final TRACTOR in writing of all particulars in which this Application for Payment and accompanying docu- 00700 - 42 mentation as required by the Contract Documents, A. The king d accept. nee e f fifia1 ..:11 ENGINEER is satisfied that the Work has been eertte; completed and CONTRACTOR' s other obligations under the Contract Documents have been fulfilled, ` all claims by ^zirnrcv ENGINEER will, within ten days after receipt of the against not �Tnn exeept Clu is : g final Application for Payment, indicate in writing fferri uriseaded Liens,, ,:^_ deoesuyp VT^Fk-appear ENGINEER' s recommendation of payment and ing after final inspeefieBpufsuaHt te pafagFap J present the Application for Payment to OWNER for 14 .06, f failwe te empl with the C^..,.. t payment. At the same time ENGINEER will also Documents of the t_. ..W of any _peeial guafantees give written notice to OWNER and CON- speeified the_e:. ^_ c.^-., Cn rry Ar_T T ' TRACTOR that the Work is acceptable subject to eblig tion . .._de- t`'e `' ^t Daeu the provisions of paragraph 14.09. Otherwise, meats—and e ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons P. r u Claim b Cnwrrn A r for refusing to recommend final payment, in which TOR against OWNER ^a,ef than these .._evieust case CONTRACTOR shall make the necessary a whieh aFe still unsettled. 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 anew paragraph. See the SupplementaryConditions. .JJ1 C. Payment Becomes Due 15 .01 OWNER May Suspend Work 1 Thirty days afteF the p Q*44L'D ^v the ___r.,.a"a- and The last sentence of Paragraph 15.0LA has been deleted aeo mpaying—deeumentatien, the amount and replaced with new sentences. See the reeemmeaded by ENGPMER will beeame due and, Supplementary Conditions. Mien due, will be paid b 0x41 ER to _ CON A. At any time and without cause, OWNER may 'r'n A CT-PR 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 J which Work will be resumed. CONTRACTOR shall A. If, through no fault of ' CONTRACTOR, final resume the Work on the date so fixed. CO . 6 ll 1. allowed an adju ...ent in the Gentfast Me ^_ e' completion of the Work is significantly delayed, and if , st ENGINEER so confirms, OWNER shall, upon receipt of a Times, of both, dife .tl. CONTRACTOR' s final Application for Payment and a9i4butable te any sueh suspensi6fi if Cnwrro ACTnp recommendation of ENGINEER, and without terminating makes a Glaim therefor as provided in pafagfaph 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- 1 under the terms and conditions governing final payment, als or equipment or failure to adhere to the progress J except that it shall not constitute a waiver of Claims. schedule established under paragraph 2.07 as adjusted from tirne 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. 00700 - 43 3. CONTRACTOR's disregard of the 15 .03 OWNER May Terminate For Convenience authority of ENGINEER; or A. Upon seven days written notice to CON- 4. CONTRACTOR's violation in any TRACTOR and ENGINEER, OWNER may, without cause substantial way of any provisions of the Contract and without prejudice to any other right or remedy of Documents. OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any New Paragraphs 15.02.A.5 and 15.02.A.6 have been items): added. Seethe Supplementary Conditions. 1 . for completed and acceptable Work The third sentence of Paragraph 15.02.13 has been executed in accordance with the Contract Docu- deleted and replaced with a new sentence. See the ments prior to the effective date of termination, Supplementary Conditions. including fair and reasonable sums for overhead and B . If one or more of the events identified in paragraph profit on such Work; 15 .02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate 2. for expenses sustained prior to the the services of CONTRACTOR, exclude CONTRACTOR effective date of termination in performing services from the Site, and take possession of the Work and of all and furnishing labor, materials, or equipment as re- CONTRACTOR's tools, appliances, construction equip- quired by the Contract Documents in connection ment, and machinery at the Site, and use the same to the full with uncompleted Work, plus fair and reasonable extent they could be used by CONTRACTOR (without sums for overhead and profit on such expenses; liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored Paragraph 15.03.A.3 has been deleted in its entirety. at the Site or for which OWNER has paid CONTRACTOR 3 . IbF all claims, losses, and damages but which are stored elsewhere, and finish the Work as kincluding but net lifnited to all =fees and shargec of OWNER may deem expedient. In such case, engiieefs, ofehiteets, anemeys, and— ^'h . CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. the 9Ant.e..t D_:..e a eeds all clai.-... losses ,...desntmetqteminated , SupplieFs damages (inoluding but net limited to all fees and chaFges of and elhefs—and architeets, a4te eys, and other professionals and all court of R-Fbingfign RF RtheF dispute resolution costs) 4. for reasonable expenses directly sustained 6. O)AWon afising out of or relating t attributable to termination. - completing the We_l ish exsess will be paid to GONTR�oCn .onTnn If such claims, costs, losses, and B . CONTRACTOR shall not be paid on account of damages exceed such unpaid balance, CONTRACTOR loss of anticipated profits or revenue or other economic loss shall pay the difference to OWNER. Such claims, costs, arising out of or resulting from such termination. losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so 15 .04 CONTRACTOR May Stop Work or Terminate approved by ENGINEER, incorporated in a Change Order. When - exercising any rights or remedies under this Parts of Paragraph 15.04 have been deleted. paragraph OWNER shall not be required to obtain the A. If, through no act or fault of CONTRACTOR, the lowest price for the Work performed. Work is suspended for more than 90 consecutive days by OWNER or under an .order of court or other public C. Where CONTRACTOR's services have been so authority, or ENGINEER fails to act on any Application for terminated by OWNER, the termination will not affect any Payment within 30 days after it is submitted, ^- OWNE rights or remedies of OWNER against CONTRACTOR fttils f 30 days to • r'O> P nrTQR a sum analli then existing or which may thereafter accrue. Any retention dere_ fined to be diie; then CONTRACTOR may, upon or payment of moneys due CONTRACTOR by OWNER seven days written notice to OWNER and ENGINEER, and will not release CONTRACTOR from liability. provided OWNER or ENGINEER do not remedy such j suspension or failure within that time, terminate the J A new Paragraph 15.02.13 has been added. See the Contract and recover from OWNER payment on the same Supplementary Conditions. terms as provided in paragraph 15 .03 . In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application 00700 - 44 for Payment within 30 days after it is submitted, or A. The duties and obligations imposed by these nvxnacn has v.:wa a._ 30 days to pay rnnrrn ACTno arty General Conditions and the rights and remedies available m final) determined to be due, CONTRACTOR may, hereunder to the parties hereto are in addition to, and are not seven days after written notice to OWNER and to be construed in any way as a limitation of, any rights and ENGINEER, stop the Work until payment is made of all remedies available to any or all of them which are otherwise such amounts due CONTRACTOR, including interest imposed or available by Laws or Regulations, by special thereon. The provisions of this paragraph 15 .04 are not warranty or guarantee, or by other provisions of the intended to preclude CONTRACTOR from making a Claim Contract Documents, and the provisions of this paragraph under paragraph 10.05 for an adjustment in Contract Price will be as effective as if repeated specifically in the Contract or Contract Times or otherwise for expenses or damage Documents in connection with each particular duty, directly attributable to CONTRACTOR's stopping the obligation, right, and remedy to which they apply. Work as permitted by this paragraph. 17 .04 Survival of Obligations JARTICLE 16 - DISPUTE RESOLUTION A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing 16.01 Methods and Procedures obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Paragraph 16.01.A has been deleted and replaced with a Work or termination or completion of the Agreement. new paragraph. See the Supplementary Conditions. A. Pispute resolution Fnethads and pfoeed�es, if , 17.05 Controlling Law shall b as set fei4h in _ e_ i f r•..aditions U-n Paragraph 17.05.A has been deleted and replaced with a method and pi:eeedafe has been set forth, and s*eet to the new paragraph. See the Supplementary Conditions. of paragraphs n nn and 10.05, 03xrnM'R and A. Ws n,._.....,.. : to i.,. governed 6y the law ef the dispute.!TOR may exeFeise such fights eF remedies as state in whieli the PFE)j eet is located; by Laws of of any New Paragraphs have been added. See the Supplementary Conditions. ARTICLE 17 - MISCELLANEOUS j 17 .01 Giving Notice JA. 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 00700 - 45 D SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS TABLE OF CONTENTS Article Title Article Number 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 JPerformance, 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 l Receipt and Application of Insurance Proceeds SC — 5 .08 J Labor; Working Hours SC — 6.02 Substitutions and "Or-Equals" SC — 6.05 Concerning Subcontractors, Suppliers , and Others SC — 6 .06 Permits SC — 6.08 Shop Drawings and Samples SC — 6 . 17 Indemnification SC - 6.20 Replacement of Engineer SC — 8 .02 -{ Decisions on Requirements of Contract Documents 00800 - Supplementary Conditions 2006041 .doc 00800 1 F:\Public Works\Capital Projects\SR AtA 8 CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00800 - Supplementary Conditions 2006041 .doc Rev. 05/01 D and Acceptability of Work Sc - 9 . 09 Change of Contract Price SC — 12 .01 DDelay Damages SC — 12 . 06 Test and Inspections SC — 13.03 Owner May Stop the Work SC — 13 .05 Progress Payments SC — 14. 02 Uncovering Work SC — 13 .04 Final Payment SC — 14.07 i� 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 J J 00800 - Supplementary Conditions 2006041 .doc 008002 F\Public Worts\Capital Proleds\SR AtA 8 CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2005079\00800 - Supplementary Conditions 2006041 doc Rev. 05/01 D D SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS DSC-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 Kimley-Horn and Associates , Inc. Address 601 21st Street, Suite 400 City, State, Zip Vero Beach , Florida 32960 Phone (772) 526-7981 Fax (772) 526-9689 SC-1 .02 Terminology SC- 1 . 02 . D . 11 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 l payment and at all times thereafter when CONTRACTOR may be correcting , J removing or replacing defective Work in accordance with Article 13 . 00800 - Supplementary Conditions 2006041 .doc 008003 F.\Pudic Works\Capital Projects\SR AIA 8 CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2906079\00800 - Supplementary Conditions 2006041 .doc Rev. 05101 U SC-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 . ] SC-4.02 Subsurface and Physical Conditions SC-4 .02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: C . 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: 1 . Report dated January 7 , 2005 , prepared by Dunkelberger Engineering and Testing, Inc. , entitled: Roadway Improvements to North S. R . A- 1 -A Indian River County, Florida . D. Reports and drawings itemized in SC-4.02. 0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building , Capital Projects, 2nd Floor, 1840 25th Street, Vero Beach , FL 32960 during regular business hours. These reports and drawings are not part of the Contract Documents . SC-4.03 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: arbitratie ether argrtiPiror-rvrvn icT 00800 - Supplementary Conditions 2006041 .doc 008004 F:\Public Works\Capital Prolects\SR AtA & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00800 Supplementary Conditions 2006041 .doc Rev. 05/01 0 SC-4.06 Hazardous Environmental Conditions at Site SC-4. 06 .G Delete paragraph GC-4. 06. G in its entirety. 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. This paragraph may be acceptable to some private developers, but it is NOT acceptable to Indian River County: 4. In lieu of the Performance and Payment Bonds , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F. S . Chapter 625 . Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER. 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 J 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 . I 00800 - Supplementary Conditions 2006041 .doe J 008005 Fi ublic Works\Capital Protects\SR AtA & CR 510 Tum Lanes_IRC-9701\61D DOCUMENTS 2006079\00800 - Supplementary Conditions 2006041 .doc Rev. 05/01 DSC-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. 6: C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1 . Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $ 100, 000 for each accident, $500,000 disease (policy limit) and $ 100 ,000 disease (each employee) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 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 J 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: y a . Ten ( 10) days prior to the commencement of any work under this J Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval . b . "Indian River County, a political subdivision of the state of Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance. C . The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER's Risk Manager . 00800 - Supplementary Conditions 2008041 .doc 1, 008006 RAPublic Works\Capital ProjectMSR AlA & CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\00800 - Supplementary Conditions 2006041 .r1oc Rev. 05101 D 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 A-VII policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating . D . Additional Insureds: 1 . In addition to "Indian River County, a political subdivision of the state of Florida," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies: a . Indian River Farms Water Control District 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 J Work, temporary buildings, falsework, and materials and equipment in transit and J 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 00800 - Supplementary Conditions 2006041 .doc 008007 F\Public Works\Capital Projects\SR AtA 8 CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00800 - Supplementary Conditions 2006041 doe Rev. 05/01 L� 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 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. Indian River County, Florida SC-5.07 Waiver of Rights SC-5.07 Delete GC-5. 07 (paragraphs A, B. and C) in its entirety. JSC-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 Labor; Working Hours SC-6 .02 . B. 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 l calendar week, even though such overtime work may be required under J emergency conditions and may be ordered by the ENGINEER in writing . 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR . 00800 - Supplementary Conditions 2006041 .doc 008008 F:\Public Walls\Capital Projects\SR AlA 8 CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00800 - Supplementary Conditions 2006041 .died Rev. 05/01 6 . No work shall commence before 7 a. m. or continue after 7 p . m . except in case of emergency upon specific permission of the ENGINEER . SC-6.05 Substitutes and "Or-Equals" SC-6.05.A Delete paragraph GC-6. 05.A in its entirety and insert the following in its place: A. Whenever an item of material or equipment is specified or described in the Con- tract Documents by using the name of a proprietary item or the name of a particular Supplier, that proprietary item or particular Supplier shall be used and no other will be considered . If the specification or description contains or is followed by words such as "equivalent' or "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. i .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: Pursuant to Florida Statutes section 255.05( 1 )(a) (2005) , any claimant (as such term is j defined in Florida Statutes section 713.01 ) may apply to Indian River County as Owner for J copies of the Agreement and the recorded payment and performance bonds and shall thereupon be furnished with certified copies of such documents. ] SC-6.08 Permits SC-6. 08 Add the following paragraphs immediately after paragraph GC-6. 08.A: B. The OWNER has obtained the following permits (copies of these permits are contained in Appendix "X) : J1 . Department of the Army PERMIT NO . SAJ 2005-7713 ( NW-TSD) . ./ 2 . FDOT PERMIT NO . 05k-490-0041 3 . FDOT PERMIT NO . 05k-490-0042 J 4. St. Johns River Water Management District PERMIT NO . 42-061 - 100728-2 5 . St. Johns River Water Management District PERMIT NO . 40-061 - 100728- 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. 00800 - Supplementary Conditions 2006041 .doc 008009 F NPubFc Works\Capital Projects\SR AtA & CR 510 Turn Lanes_IRC-9701kBID DOCUMENTS 2006079\00800 - Supplementary Conditions 2006041 doe Rev. 05/01 I� D . The CONTRACTOR shall be familiar with all permit requirements and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC-6. 17 Shop Drawings and Samples SC-6 . 17 Add the following paragraph immediately after paragraph GC-6. 17. F- G . Section 01340 — "Submittal of Shop Drawings, Product Data, and Samples" shall supplement Section 6. 17 of the General Conditions. In the event of a conflict, Section 01340 shall govern . SC-6.20 Indemnification SC-6.20 Delete paragraph GC-6.20.A in its entirety and insert the following in its place: A. CONTRACTOR agrees to indemnify and hold harmless the OW NER, 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 J indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. SC-8.02 Replacement of Engineer SC-8 . 02 Delete the following text from paragraph GC-8. 02.A: tr) iAlhArn CONTRACTOR makes Re reasonable objeGt'GR-, SC-9.09 Decisions on Requirements of Contract Documents and Acceptability of Work SC-9.09 Delete paragraph GC-9. 09. 8 in its entirety. SC-12.01 Change of Contract Price SC-12 . 01 . 6.2 Delete the following text from paragraph GC- 12. 01 . 8.2 and add a `period" (.) at the end of the remaining text. : with p ph 12. 01 .G.2) . o JSC-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 00800 - Supplementary Conditions 2006041 .doc 00800 10 F\Public Works\Capilal Projects\SR AtA 8 CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\00800 - Supplementary Conditions 2006041 doc Rev. 05/01 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. 6 in its entirety, and insert the following in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests , or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment. SC- 13.03 . 0 Delete GC- 13. 03. 0 in its entirety. SC-13 .04 Uncovering Work SC- 13 . 04. 6 Delete portions of the last two sentences as follows: If, however, such Work is not found to be defective, CONTRACTOR shall be allowed-aa . n the GGRtract PFiG . 9r an extension of the Contract Times (or Milestones),-er both directly attributable to such uncovering , exposure, observation , inspection, testing, replacement, and reconstruction . If the parties are unable to agree as to the ameunt 0 extent thereof, CONTRACTOR may make a Claim therefor 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. l SC-14.02 Progress Payments J SC- 14.02. B .5. Add the following paragraphs at the end of paragraph GC- 14. 02. 6. 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 , J 00800 - Supplementary Conditions 2006041 .doc 00600 11 F:\Public Works\Capital Projects\SR AtA & CR 510 Turn Lanes_]RC-9701\BID DOCUMENTS 2006019\00800 - Supplementary Conditions 2006041 .doc Rev. 05/01 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 Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act" , Florida Statutes section 218 .70, et. seq . SC- 14.02 . D . 1 . b Revise GC- 14. 02. D. 1 .b to read as follows: b . Liens have been filed in connection with the Work. SC- 14 . 02 . D. 1 Add the following paragraphs at the end of paragraph GC- 14. 02. D. 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 ; g . 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 " Local Government Prompt Payment Act ' , Florida Statutes section 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: 00800 - Supplementary Conditions 2006041 .doc 00800 12 F1Publ'm Works\Capital Projects\SR AtA & CR 510 Turn Lanes_IRC-9701\61D DOCUMENTS 2006079\00800 - Supplementary Conditions 2006041 .doc Rev. D5/01 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 y SC- 15 .02.A.5 and SC- 15 . 02 .A. 6 Add the following new paragraphs immediately after Jparagraph GC- 15. 02.A.4: 5 . CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6 . CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. SC-15 . 02 . 13 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: or OWNER fails foF 30 days te pay CONTRACTOR any GUFR fiRally determined te be d6le SC-15.04 Delete the following text from the second sentence of paragraph GC- 15. 04.A: er OWNFR has failed for 30 days tG pay CONTRACTOR any surn fir; be l due, J 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: 00800 - Supplementary Conditions 2006041 ADO 00800 13 F\PUIpic Works\Capital Pmjects\SR AtA 8 OR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006019\00009 - Supplementary Conditions 2006041 .Coc Rev. 05/01 A. Dispute resolution and procedures: OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Docu- ments or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County. If mediation is unsuccessful, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. SC-17.05 Controlling Law SC-17.05.A. Delete paragraph GC- 17. 05.A in its entirety and insert the following paragraph in its place: ] A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. y Add the following new paragraphs immediately after paragraph GC17. 05: J SC-17.06 Liens 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 J 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 ++END OF SUPPLEMENTARY CONDITIONS++ J 00800 - Supplementary Conditions 2006041 .doc 0080014 F\Public WOM1s\Capital Projects\SR AtA & CR 510 Torn Lanes_IRC-9701\BID DOCUMENTS 2006079\00600 - Supplementary Conditions 2006041 .tloc Rev. 05/01 DIVISION 1 GENERAL REQUIREMENTS SECTION 01009 Special Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 01050 Field Engineering and Layout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 SECTION 01091 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 J SECTION 01215 General Quality Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 SECTION 01220 Progress Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 7 J SECTION 01310 Construction Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION 01520 Construction Facilities and Temporary Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION 01541 Protection of the Work and Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I SECTION 01550 Access Roads, Parking Areas , and Use of Public Streets . . . . . . . . . . . . . . . . . . . . 15 SECTION 01610 Transportation and Handling of Materials and Equipment . . . . . . . . . . . . . . . . . . 16 SECTION 01611 Storage of Material and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 SECTION 01630 Substitutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 01710 Site Cleanup and Restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 01720 Record Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 01820 Post Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 J J J ] GENERAL REQUIREMENTS GR- 1 F:\Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 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 . B . 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 41st 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 . 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. GENERAL REQUIREMENTS GR-2 FAPublic Works\Capital Projects\SR AtA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 DB . Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes , batter boards , piling layouts and all Dother 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 Jmay 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's acceptance that all survey or existing site information is correct and accurate , without any reasonably inferable errors , inaccuracies or omissions . 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 J CONTRACTOR's work shall be replaced by a Florida Registered Land Surveyor and Mapper, at the CONTRACTOR's 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 . GENERAL REQUIREMENTS GR-3 FAPublic Works\Capital Projects\SR A1A & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 C . Ail survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D 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 5-7 of FDOT Standard Specifications . a 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 , U ordinances , rules , regulations or codes establish stricter standards . The list J 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 GENERAL REQUIREMENTS GR-4 FAPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements .doc 5/23/01 DAWS American Welding Society FED . SPEC . Federal Specifications DCRSI 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 . 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 GENERAL REQUIREMENTS GR-5 F1Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 U 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 D 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 D 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, a and being capable of workmanship complying with those standards . 1 .4 PRODUCT DELIVERY-STORAGE-HANDLING O 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 . 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 . aB . Pre-Construction Video: 1 . Contractor shall provide the Owner with a video record and one copy of the n existing conditions prior to construction . This video shall be a standard VHS u cassette format, and shall be narrated . 2 . The video shall include , but not be limited to, the following items shown in a clear Dmanner: 1 ) All existing features within the right-of-way . o2) 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 . a 2) Condition of fencing . GENERAL REQUIREMENTS GR-6 0 FAPublic Works\Capital Projects\SR A1A & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 L� D3) Condition of planted areas and types of vegetation . 4) Condition of sodded areas . D5) 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. i� 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 A . 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. GENERAL REQUIREMENTS GR-7 RIPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to, the following : D1 . 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 . J7 . Quality standards and control . 8 . Schedules , including off-site fabrication and delivery schedules . Corrective n measures , if required . u 9 . Coordination between parties . 10 : Safety concerns . 11 . Other business . 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 . B . 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 the 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 . B . 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 . GENERAL REQUIREMENTS GR-8 FAPublic Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 D2 . Corrective action recommended and its effect. 3 . The effect of changes on schedules of other prime contractors . D1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES D 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 . 1 . 4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER, distribute copies of the a approved initial schedule and all reviewed revisions (updated) to : 1 . Job site file . 0 2 . Subcontractors . 3 . Other concerned parties . Q 4 . OWNER (two copies) . 5 . ENGINEER a B . In the cover letter, instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS a1 . 1 SCOPE a A . Provide all construction equipment and facilities and temporary 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 o improper construction , maintenance or operation . GENERAL REQUIREMENTS GR-9 �y FAPublic Works\Capital Projects\SR AIA & CR 510 Turn Lanes IRC-9701\131D DOCUMENTS 2006079\DIVISION 1 - General I'l.Ull Requirements.doc 5/23/01 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 temporary water lines . 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 l Take all necessary precautions to control dust and mud associated with the work of J 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 . GENERAL REQUIREMENTS GR-10 FAPublic Works\Capital Projects\SR A1A & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 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 . 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 barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's GENERAL REQUIREMENTS GR- 11 FAPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 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. 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 adjacent 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 GENERAL REQUIREMENTS GR- 12 FAPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_I RC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 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 a 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 LJ the CONTRACTOR's operations in the vicinity of existing utilities or LJ 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 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 suffi- ciently 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 GENERAL REQUIREMENTS GR-13 F:\Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 DDocuments , 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 a to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs , markers , curbs , walks and all other facilities that are visible above the ground surface . DC . 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 1 facilitate installation of the Work shall be replaced and restored to their original J condition at CONTRACTOR'S expense . 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's 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 l utilities resulting from his activities . J GENERAL REQUIREMENTS GR - 14 F1Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_I RC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 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. B . The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . 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 a 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. U B . All trucks carrying earth shall be covered while moving with an appropriate L) tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two (2) written warnings , after which the 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 . aGENERAL REQUIREMENTS GR - 15 F:\Public Works\Capital Projects\SR A1A & CR 510 Turn Lanes_IRC-97011BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 C . All trucks/moving equipment shall have backup warning horns in proper working order while on the job site . 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 necessary to move stored materials 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. G . Immediately on delivery, inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . 2 . Quantities are correct. GENERAL REQUIREMENTS GR- 16 F:\Public Works\Capital Projects\SR AIA & CR 510 Turn Lanes IRC-9701 \130 DOCUMENTS 20060790IVISION 1 - General Requirements.doc 5/23/01 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 Jprovided 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 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. 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 necessary for the storage of materials and U 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 a 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 . D 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. GENERAL REQUIREMENTS GR- 17 F:\PublicWorks\Capital Projects\SR AlA & CR 510 Tum Lanes_IRC-9701\BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 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 . 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, D 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 sub- stitution 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 . a 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 aproducts 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 : D 1 . For products or manufacturers : a . Product identification , including manufacturer' s name and address . aGENERAL REQUIREMENTS GR- 18 a FAPublic Works\Capital Projects\SR Al & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 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 . 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 making Request for Substitution , CONTRACTOR represents that: 1 . CONTRACTOR has investigated proposed substitution , and determined 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 arevision of the Contract Documents . 2 . It will delay completion of the Work, or the work of other contractors . a 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 . D 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 a drawing review for the specified item . GENERAL REQUIREMENTS GR- 19 O FAPublic Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701 \6I11 DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 3 . If the substitution will not require a more extensive review , Engineer will 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. S . 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' s 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 J 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 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 1 reimburse Owner for the charges of Engineer and Engineer's consultants for J 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 J 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 . SECTION 01710 SITE CLEANUPAND 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 . GENERAL REQUIREMENTS GR-20 FAPublic Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 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 , J gutters , drains , or catch-basins as a result of the CONTRACTOR's J 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 J immediately prior to the beginning of the operations . To this end , the J 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 . 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 J 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 1 those cleaning materials which will not create hazards to health or property J 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 . GENERAL REQUIREMENTS GR-21 FAPublic Works\Capital Projects\SR A1A & CR 510 Tum Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 ] I . 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 . 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 . B . 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. J2 . Provide files and racks for proper storage and easy access . 3 . Make documents available at all times for inspection by ENGINEER and y OWNER . JI 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 Jrecorded . 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 : GENERAL REQUIREMENTS GR-22 FAPublic Works\Capital Projects\SR Al & CR 510 Turn Lanes -IRCDOCUMENTS 2006079\DIVISION 1 - General J Requirements.doc 5/23/01 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 . 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 . l 6 . Roadway: J a. Elevations of PVI at Profile Grade Line (PGL) . b . Edge of pavement elevations at curb inlets . c. Install new roadway alignment control points upon final roadway completion . Include all intersections and side streets . Latitude , departure and elevations for all control points . d . Stations and offsets , all structures . 7 . Lateral J . Canal : Original and Final Cross Sections of the Lateral J Canal — The CONTRACTOR shall have a Registered Surveyor take original cross section shots of the Lateral J Canal prior to disturbance of the canal banks . The shots shall be taken at 100-foot intervals . The Registered Surveyor will I take final cross-section shots at the same locations as the original shots . J The CONTRACTOR shall submit four (4) sets of before and after Lateral J Canal cross-sections to the County that are certified by a Registered Surveyor . Cost of before and after canal cross-sections shall be included in the Lump Sum payment for Record Drawings . A partial payment will be allowed for the before cross-sections not to exceed 10% of the Lump Sum bid amount for Record Drawings . 8 . Utilities : 1 Record Drawings for water and sewer utilities shall comply with Drawings J M- 15 , M16 , Ml 6 (A) , Ml 6( B) of the Indian River County Department of Utility Services Water and Wastewater Utility Standards dated September 1 , 2004 . 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 . GENERAL REQUIREMENTS GR-23 FAPublic Works\Capital Projects\SR Al A & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General Requirements.doc 5/23/01 ] C . CONTRACTOR's surveyor shall review , sign and seal As-Builts . CONTRACTOR shall return marked up Record Drawings and six (6) sets of signed and sealed As-Builts to COUNTY . D . Payment for Record Drawings , Review of Electronic As- Builts and signing and sealing As-Builts shall be made under Pay Item No . 100- 99 — Record Drawings — Lump Sum . 1 . 4 ACCURACY ] The CONTRACTOR will be held responsible for the accuracy 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 . 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 y 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. J J d GENERAL REQUIREMENTS GR-24 { FAPublic Works\Capital Projects\SR AIA & CR 510 Turn Lanes_I RC-9701 \BID DOCUMENTS 2006079\DIVISION 1 - General dll Requirements.doc 5/23/01 DIVISION 2 . TECHNICAL PROVISIONS l SECTION 00001 Standard Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 J SECTION 00004 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 00102 Maintenance of Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 00104 Erosion and Water Pollution Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 00110 Clearing and Grubbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 01310 Construction Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 00120 Excavation and Embankment . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION 00160 Stabilizing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 00285 Optional Base Course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 00334 Superpave Asphaltic Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . 8 SECTION 00430 Pipe Culverts and Strom Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 8 SECTION 00575 Sodding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1 SECTION 00700 Signing and Pavement Marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 J J J J GENERAL PROVISIONS TP- 1 F:\Public Works\Capital Projects\SR AtA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc J SECTION 00001 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 , 2004 , 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 to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida . 1 Wherever the word "Owner's Engineer" , " District Engineer" , " Engineer" , " Project J Engineer" , etc . , it shall be taken to mean the Registered Professional Project Engineer of the firm of Kimley-Horn and Associates , Inc . , as an agent of Indian River County, Florida , acting directly or through duly authorized representatives . 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 River County, assigned to observe the progress quantity and quality of the work. SECTION 00004 SCOPE OF WORK Section 4-3 .5 Value Engineering Incentive is deleted in its entirety. SECTION 00102 MAINTENANCE OF TRAFFIC i A. General : Work under this section consists of maintaining traffic within the limits of J the project for the duration of construction in accordance with the U . S . Department of Transportation's Manual On Uniform Traffic Control Devices ( MUTCD) 2003 Edition , FDOT Index 600 Series and FDOT Standard Specification Section 102 . The purpose of the Traffic Control Plan , presented in J the roadway construction plans , is to depict the concept of feasible construction y 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 quality. B . Quantities : The Contractor is hereby notified that the Engineer's estimate of quantities , which appears on the summary of quantities sheet, is provided only for the Contractor's information . The Contractor is to determine the actual quantities and items to be used for maintenance of traffic . C . Off-duty police or sheriff deputies shall be used during various maintenance of traffic operations including : signalization adjustments and installations and lane closures of duration greater than 10 minutes . GENERAL PROVISIONS TP-2 FAPuhlic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701\BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc ] D . Compensation : All compensation for maintenance of traffic, other than Traffic Control Officer, Impact Attenuator Modules and Concrete Barrier delineated within the plans , shall be lump sum . This shall include all items and services necessary for 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 , 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 j traffic. J E . 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 . F . Contractor's Maintenance of Traffic Plan shall maintain two-way vehicular traffic on Oslo Road at all times. The Contractor shall maintain one lane of traffic at all times during 60" RCP sub- lateral culvert construction . Owner shall have option to fine the Contractor $ 1 ,000 . 00 per day for Maintenance of Traffic Plan non- compliance . G . Payment shall be made under: Item. No. 102- 1 - Maintenance of Traffic - Lump Sum Item No . 102- 1 — Traffic Control Officer — Man Hour Item No . 102-70- 11 — Barrier Wall (Concrete) (Temporary) - Linear Foot Item No . 102-70- 11A — Barrier Wall (Concrete) - Linear Foot Item No. 102-81 - 1 — Impact Attenuator Modules Vehicle ( Inertial) (Temporary) - Each Item No. 102-81 - 1 A — Impact Attenuator Modules Vehicle ( Inertial) — Each SECTION 00104 EROSION AND WATER POLLUTION CONTROL 1 . 1 The Contractor shall install erosion and water pollution control methods in accordance with FDOT Index 100 , 1021 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 . GENERAL PROVISIONS TP-3 F:\Public Works\Capital Projects\SR AtA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc DB . 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 Jbodies 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 i be clean and free from silt prior to final acceptance . J E . Permits to be Obtained by Contractor: i . 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 CONTRACTOR shall apply for, obtain , and pay for all other required permits and licenses. This may include but not be limited to: a . Long-term or short-term dewatering permit as required by the St. Johns River Water Management District (SJRWMD) . Contact SJRWMD at (321 ) 984-4940 to determine which permit is required and the associated statutory requirements ; b . Florida Department of Environmental Protection ( FDEP) "Notice of Intent to Use Generic Permit for Stormwater Discharge From Construction Activities That Disturb Five or More Acres of Land" permit application form . Contact FDEP at (407) 894-7555 or (850) 921 -9904 ; and C . U . S . Environmental Protection Agency ( EPA) "Notice of Intent ( 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 . GENERAL PROVISIONS TP-4 F1Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc G . Compensation : All payment for the above items shall be made under Item Item No . 104-2 — Prevention , Control & Abatement of Erosion & Water Pollution — Lump Sum SECTION 00110 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 , shade house , riprap , various types of fences , septic tanks , drain fields , pump stations , motor boxes , pumps , irrigation apparatus , base material , trimming of trees and shrubs , drainage structures , pipe , backfilling the removal excavations , plus all other items necessary to be removed to construct the project. All non-salvageable materials removed shall remain property of the Contractor unless otherwise directed by the Engineer or Owner (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 J salvage value received from the removed materials shall be reflected in the Contractor's proposal . B . Clear and grub within the entire limits of the right-of-way except in specific areas designated by the Engineer to remain for aesthetic purposes . C . Existing and temporary asphaltic pavement and excess subsoil shall be disposed of outside the project by the Contractor, at a location and in a manner approved by the Engineer. D . Removal of existing pavement includes all removal and disposal of the asphalt within the limit shown on the plans . E . Payment shall be made under: Item No . 110- 1 - 1 - Clearing and Grubbing — Lump Sum Item No. 110-3 — Existing Bridge Demolition — Lump Sum 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 . B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and 1 payment reports . This representative shall have direct project control and J complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules . GENERAL PROVISIONS TP-5 FAPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc D 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the 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 . B . 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. 1 .4 ' DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A . After receiving approval by the ENGINEER, distribute copies of the l approved initial schedule and all reviewed revisions ( updated) to: J 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies) . 5 . ENGINEER , B . In the cover letter, instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . SECTION 00120 EXCAVATION AND EMBANKMENT Earthwork, including earthwork for drives outside the right-of-way limits , shall be paid for as 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 , lateral ditch or canal , and final dressing GENERAL PROVISIONS TP-6 FAPublic Works\Capital Projects\SR AlA & OR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc Doperations in accordance with Section 120- 13 . 3 . B . Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors . C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , 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 sublateral canals . Cost of replacement embankment shall be included in cost of subsoil excavation . Contractor to coordinate with county representative prior to any subsoil excavation . D . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120-7 . 2 : Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. 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. F. Payment shall be made under: JItem No. 120-3 — Lateral Ditch Excavation — Per Cubic Yard Item No. 120-4 - Subsoil Excavation - Per Cubic Yard J Item No. 120-6- 1 - Embankment - Per Cubic Yard J SECTION 00160 STABILIZING A . Sub Article 160-5 . 1 (Page 146) is modified by the addition of the following : "The stabilization thickness indicated on plans shall be considered a minimum thickness . Thickness will vary to conform to the lines , and grades shown in the plans . " Minimum L. B . R . = 40 - No under-tolerance . B . Payment shall be made under: Item No . 160-4 - Type B Stabilization ( 12 " ) - Per Square Yard SECTION 00285 OPTIONAL BASE COURSE A. Sub Article 285-4 is modified by the addition of .the following : GENERAL PROVISIONS TP-7 FAPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc DBase 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 B . Payment shall be made under: Item No . 285-701 - Base Group 1 - Per Square Yard Item No . 285-706 - Base Group 6 - Per Square Yard D SECTION 00334 SUPERPAVE ASPHALTIC CONCRETE A. Subarticle 334- 10 is modified by the addition of the following : No additional payment will be made for tonage in excess of the specified in-place density and tonnage . B . Payment shall be made under: Item No . 334- 1 - 11 - Superpave Asphaltic Concrete - Ton . SECTION 00430 PIPE CULVERTS AND STROM SEWERS A. CONCRETE PIPE CULVERT (CLASS III ) 60 " RCP : The concrete pipe 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. 120-4 . 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 J work in this section . J Payment shall be made under: Item No . 430- 11 -343 - Concrete Pipe Culvert (Class III ) (60 " CD) - Per Linear Foot B . CONCRETE PIPE JOINTS : Subarticle 430-7 . 1 . 1 is modified by the addition of the following : In addition to the rubber gaskets all round and elliptical concrete pipe 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 . GENERAL PROVISIONS TP-8 FAPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc ] C . PIPE CULVERTS AND STORM SEWERS : Subarticle 430- 12 . 1 ( Page 389) . The text is deleted and the following substituted : l "The quantities of pipe culvert to be paid for under this Section shall be the plan J quantity in feet of concrete Pipe Culvert and High Density Polyethylene Pipe Culvert subject to the provisions of 9-3 . 2. Any additions or deletions thereto , as ! authorized by the Engineer, shall be determined by plan dimensions , final ! measurement, or any combination thereof, as measured along the centerline of the completed and accepted pipe . " Pipe that has been patched significantly prior to delivery shall be grounds for rejection of pipe . l Lifting holes on pipe culverts shall be grounds for rejection of pipe . ASTM J 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 or spacers that have been used to position the cages during the placement of the concrete may be a cause for rejection by the Project Engineer. 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 J 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 . J SECTION 00575 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. This work shall also include mowing in accordance with Section 104-7 .2 , 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 1 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 GENERAL PROVISIONS TP-9 FAPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc ] 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 . 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 16-4-8 . 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 . B . 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 J a range of 6 . 0 - 7. 0 . J 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 1 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 . GENERAL PROVISIONS TP- 10 FAPublic Works\Capital Projects\SR AIA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technical Provisions.doc 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. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 11/2 " below paved shoulder. On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable intervals . J Sodding shall not be performed when weather and soil conditions are , in the J 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 . 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 , pegging disposal of clippings , water, tools , equipment , labor and all other incidentals necessary . L. Payment shall be made under: Item No . : 575- 1 - 1 - Sodding (Bahia) - Per Square Yard SECTI®N 00700 SIGNING AND PAVEMENT MARKING A. Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2004) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturers specifications . GENERAL PROVISIONS TP-11 F:\Public Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 20060790IVISION 2 - Technical Provisions.doc B . 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 ' . + + END OF SECTION + + J J J J J J J GENERAL PROVISIONS TP- 12 FAPublic Works\Capital Projects\SR AlA & CR 510 Turn Lanes_IRC-9701 \BID DOCUMENTS 2006079\DIVISION 2 - Technicai Provisions.doc JDIVISION 2 TECHNICAL PROVISIONS ] SECTION 00001 Standard Specifications . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 00004 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 00102 Maintenance of Traffic . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 00104 Erosion and Water Pollution Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 00110 Clearing and Grubbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 01310 Construction Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 00120 Excavation and Embankment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION 00160 Stabilizing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1 SECTION 00285 Optional Base Course. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 s SECTION 00334 Superpave Asphaltic Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 00430 Pipe Culverts and Strom Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION00575 Sodding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1 SECTION 00700 Signing and Pavement Marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 J �I J J GENERAL PROVISIONS TP- 1 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SR A1A).doc SECTION 00001 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 , 2004 , 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 to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida . Wherever the word "Owner's Engineer" , "District Engineer" , "Engineer" , "Project Engineer ' , etc. , it shall be taken to mean the Registered Professional Project Engineer of the firm of Kimley-Horn and Associates , Inc. , as an agent of Indian River County, Florida , acting directly or through duly authorized representatives . 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 River County, assigned to observe the progress quantity and quality of the work. SECTION 00004 SCOPE OF WORK Section 4-3 . 5 Value Engineering Incentive is deleted in its entirety. j SECTION 00102 MAINTENANCE OF TRAFFIC J 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 ) 2003 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 quality. B . Quantities : The Contractor is hereby notified that the Engineer's estimate of quantities , which appears on the summary of quantities sheet, is provided only for the Contractor's information . The Contractor is to determine the actual quantities and items to be used for maintenance of traffic. C . Off-duty police or sheriff deputies shall be used during various maintenance of traffic operations including : signalization adjustments and installations and lane closures of duration greater than 10 minutes . D . Compensation : All compensation for maintenance of traffic shall be lump sum . This - shall include all items and services necessary for the safe maintenance of traffic within the project limits . This shall include , but not be limited to , flaggers , GENERAL PROVISIONS TP-2 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SR A1A).doc construction and advisory signing , detours , temporary retaining systems , embankment, base material , asphaltic concrete , striping , 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. E . 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 . F . Payment shall be made under: Item No . (A-J ) 102- 1 - Maintenance of Traffic - Lump Sum SECTION 00104 EROSION AND WATER POLLUTION CONTROL 1 . 1 The Contractor shall install erosion and water pollution control methods in accordance with FDOT Index 100 , 102 , 103 and 104 , Standard Specifications Section J 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 J 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 . B . 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. C . 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 . D . Permits to be Obtained by Contractor: i . 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 CONTRACTOR shall apply for, GENERAL PROVISIONS TP-3 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SR A1A).doc obtain , and pay for all other required permits and licenses . This may include but not be limited to : ] a . Long-term or short-term dewatering permit as required by the St. Johns River Water Management District (SJRWMD) . Contact SJRWMD at (321 ) 984-4940 to determine which permit is required and the associated statutory requirements ; b . Florida Department of Environmental Protection ( FDEP) " Notice of Intent to Use Generic Permit for Stormwater Discharge From Construction Activities That Disturb Five or More Acres of Land " permit application form . Contact FDEP l at (407) 894-7555 or (850 ) 921 -9904 ; and J 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 . E . 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 . F . Compensation : All payment for the above items shall be made under Item Item No . 104-2 — Prevention , Control & Abatement of Erosion & Water Pollution — Lump Sum SECTION 00110 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 ) , 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 received from the removed materials shall be reflected in the Contractor's proposal . B . Clear and grub within the entire limits of the right-of-way except in specific areas designated by the Engineer to remain for aesthetic purposes . GENERAL PROVISIONS TP-4 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SR A1A).doc C . Existing and temporary asphaltic pavement and excess subsoil shall be disposed of outside the project by the Contractor, at a location and in a manner approved by the Engineer. D . Removal of existing pavement includes all removal and disposal of the asphalt within the limit shown on the plans . E . Payment shall be made under: Item No . (A-J ) 110- 1 - 1 - Clearing and Grubbing — Lump Sum 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 . B . 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 the 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 . B . 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. GENERAL PROVISIONS TP-5 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SR A1A).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 . J 4 . OWNER (two copies) . J 5 . ENGINEER B . In the cover letter, instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections shown in the schedules . SECTION 00120 EXCAVATION AND EMBANKMENT A. 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 and/or ditch final dressing operations in accordance with Section 120- 13 . 3 . B . Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors . C . Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill , isolated swale bottom locations , isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation . Cost of replacement embankment shall be included in cost of subsoil excavation . Contractor to coordinate with county representative prior to any subsoil excavation . D . Embankment - General Requirements for Embankment Materials : The following is added after the first paragraph of Subarticle 120-7. 2 : Roadway Design Standard Index No . 505 , Embankment Utilization Details is modified by the addition of the following : Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. 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 D 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 . DNo A-8 material permitted in embankment. F . Payment shall be made under: Item No . (A-J ) 120- 1 — Excavation — Per Cubic Yard GENERAL PROVISIONS TP-6 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SRAIA).doc Item No . (A-J ) 120-4 — Excavation (Subsoil ) - Per Cubic Yard Item No . (A-J ) 120-6 - Embankment - Per Cubic Yard SECTION 00160 STABILIZING A. Sub Article 160-5 . 1 (Page 146 ) is modified by the addition of the following : "The stabilization thickness indicated on plans shall be considered a minimum thickness. Thickness will vary to conform to the lines , and grades shown in the plans ." Minimum L . B . R . = 40 - No under-tolerance. B . Payment shall be made under: Item No . (C , G , J ) 160-4 — Stabilization Type B - Per Square Yard SECTION 00285 OPTIONAL BASE COURSE A. Sub Article 285-4 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 B . Payment shall be made under: Item No . (C , G ,J ) 285-702 — Base Optional (Base Group 2 ) - Per Square Yard Item No . (C ,G , J ) 285-708 - Base Optional ( Base Group 8) - Per Square Yard Item No . (A, D , E , F , H ) 285-709 - Base Optional (Base Group 9) - Per Square Yard Item No . (A, B , D , E , F , H ) 285-714 - Base Optional ( Base Group 14 ) - Per Square Yard SECTION 00334 SUPERPAVE ASPHALTIC CONCRETE A. Subarticle 334- 10 is modified by the addition of the following : No additional payment will be made for tonage in excess of the specified in-place density and tonnage . B . Payment shall be made under: y Item No . (A-J ) 334- 1 - 13 — Superpave Asphaltic Concrete — Ton . SECTION 00337 ASPHALT CONCRETE FRICTION COURSES A. Subarticle 337- 13 is modified by the addition of the following : No additional payment will be made for tonage in excess of the specified in-place density and tonnage . C . Payment shall be made under: Item No . (A, B , H , J ) 337-7-5 — Asphalt Concrete Friction Course ( Inc . Bit/Rubber) (FC-5) — Ton . GENERAL PROVISIONS TP-7 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SRA1A).doc J Item No . (C-G ) 337-7-7 — Asphalt Concrete Friction Course ( Inc. Bit/Rubber) ( FC- 9 . 5 ) — Ton . SECTION 00430 PIPE CULVERTS AND STROM SEWERS A. CONCRETE PIPE JOINTS : Subarticle 430-7 . 1 . 1 is modified by the addition of the following : In addition to the rubber gaskets all round and elliptical concrete pipe 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 J 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 . B . PIPE CULVERTS AND STORM SEWERS : Subarticle 430- 12 . 1 ( Page 389). 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 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 J 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 or spacers that have been used to position the cages during the placement of the concrete may be a cause for rejection by the Project Engineer. 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 . SECTION 00575 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. This work shall also include mowing in accordance with Section 104-7 . 2 to be mowed at 6" height with a mulching GENERAL PROVISIONS TP-8 H:\47035036\Eng\Specifcadons\DIVISION 2 - Technical Provisions (CR 510 SR A1A).doc 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 . l D . Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws . J 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 16-4-8 . 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. j Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet. J 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 a range of 6 . 0 - 7 . 0 . Contractor shall apply two (2) applications . The initial shall be fertilizer and the second application shall be "weed and feed " . GENERAL PROVISIONS TP-9 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SRA1A).doc JThe 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 J capable of uniformly distributing the material at the specified rate . J 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. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 '/2' below paved shoulder. On slopes greater than 3 : 1 , the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth , at suitable 1 intervals . J 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) . 1 J . Maintenance : The Contractor shall , at his expense , maintain the sodded areas in J 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 1 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 . The first two paragraphs under this Article are deleted and the following substituted : GENERAL PROVISIONS TP-10 H:\47035036\Eng\Specifications\DIVISION 2 - Technical Provisions (CR 510 SR A1A).doc The contract unit price for sodding shall include the costs of sod , fertilizer (2 applications ) , sidewalk sweeping after mowing , mowing , pegging disposal of 1 clippings , water, tools , equipment, labor and all other incidentals necessary. J L . Payment shall be made under: l Item No . : (A-J ) 575- 1 - 1 - Sodding ( Bahia ) - Per Square Yard J Item No . : (A-J ) 575- 1 -4 - Sodding (St. Augustine ) - Per Square Yard l Item No . : (A-J ) 575- 1 -6 - Sodding (Bermuda ) - Per Square Yard SECTION 00700 SIGNING AND PAVEMENT MARKING A. Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2004 ) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturer' s specifications . B . Traffic Signs : All existing signs not indicated to be relocated 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 . 1 C . All reflective pavement markers shall be 4" x 4' . + + END OF SECTION + + d J GENERAL PROVISIONS TP- 11 H:\47035036\Eng\Specifications\DIVISION 2 -Technical Provisions (CR 510 SR AtA).doc n W � Ci, a a r-�1 rel r---n r-'1 rel r� (-'1 J DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 400 HIGH POINT DRIVE, SUITE 600 COCOA, FL 32926 REPLY TO ATTENTION OF JI Regulatory Division SEP 2 9 2905 North Permits Branch Cocoa Regulatory Office SAJ- 2005 - 7713 ( NW - TSD ) J Indian River County C / o Mr . Brian Goode Kimley - Horn & Associates 601 21st Street , Suite 400 Vero Beach , FL 32960 Dear Mr . Goode : Your application for a Department of the Army permit received on August 18 , 2005 has been assigned number SAJ- 2005 - 7713 ( NW - TSD ) . A review of the information provided shows the proposed work is for : the filling of 0 . 18 acres with the installation of 243 linear feet of 18 inch RCP ( culvert ) in surface waters associated with the widening of CR 510 west of SR J A - 1 -A , and for the installation of a 50 foot long culvert extension by filling 0 . 02 acres associated with the Sea View turn lane improvements . These two projects are located in Vero J Beach in Section 23 , Township 31 South , Range 39 East in Indian J River County . Your project , as depicted on the received drawings , is authorized by Nationwide Permit ( NWP ) Number 1. 4 . In addition , project specific conditions have been enclosed . This verification is valid until March 18 , 2007 . This verification is valid until the NWP is modified , reissued , or revoked prior to March 18 , 2007 . It is incumbent upon you to remain informed of changes to. the NWPs . We will issue a oublic notice when the NWPs are issued . Furthermore , if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked , you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit . Please access the U . S . Army Corps of Engineers ' Jacksonville District ' s Regulatory web J - 2 - J J address at : J http : / / www . saj . usace . army . mil / permit / permitting / nwp . htm to access web links to view the Final Nationwide Permits , Federal Register 67 , January 15 , 2002 , the Corrections to the Final Nationwide Permits , Federal Register 67 , February 13 , 2002 , and the List of Regional Conditions . These files contain 1 the description of the Nationwide Permit authorization , the J Nationwide Permit general conditions , and the regional conditions , which apply specifically to this verification for 1 NWP 14 . Additionally , enclosed is a list of the six General J Conditions , which apply to all Department of the Army authorizations . You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action . In the event you have not completed construction of your project within the specified time limit , a separate application or re - verification may be required . The following special conditions are included with this verification : 1 . Within 60 days of completion of the work authorized , the attached " Self - Certification Statement of Compliance " must be completed and submitted to the U . S . Army Corps of Engineers . Mail the completed form to the Regulatory Division , Enforcement Section , Post Office Box 4970 , Jacksonville , Florida 32232 - 0019 . 2 . The Permittee understands and agrees that , if future operations by the United States require the removal , relocation , or other alteration , of the structures or work herein authorized , or if , in the opinion of the Secretary of the Army or his authorized representative , said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters , the Permittee will be required , upon due notice from the U . S . Army Corps of Engineers , to remove , relocate , or alter the structural work or obstructions caused thereby , without expense to the United States . No claim shall be made against the United States on account of any such removal or alteration . This letter of authorization does not obviate the necessity to obtain any other Federal , State , or local permits , which may l - 3 - J J be required . In Florida , projects qualifying for this NWP must be J authorized under Part IV of Chapter 373 by the Department of Environmental Protection , a water management district under J § . 373 . 069 , F . S . , or a local government with delegated authority J under § . 373 . 441 , F . S . , and receive Water Quality Certification ( WQC ) and Coastal Zone Consistency Concurrence ( CZCC ) ( or a waiver ) , as well as any authorizations required by the State for the use of sovereignty submerged lands . You should check State - permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district . This letter does not give absolute Federal authority to perform the work as specified on your application . The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program . You should contact your local office that issues building permits to determine if your site is located in a flood - prone area , and if you must comply with the local building requirements mandated by the National Flood Insurance Program . If you are unable to access the internet or require a hardcopy of any of the conditions , limitations , or expiration date for the above referenced NWP , please contact Tamy Dabu by telephone at 321 - 504 - 3771 extension 11 . l Thank you for your cooperation with our permit program . I Sincerely , JJ / Lawrence C . Evans Chief , Regulatory Division lEnclosures J GENERAL CONDITIONS 33 CFR PART 320 - 330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1 . The time limit for completing the work authorized ends on date identified in the letter . If you find that you need more time to complete the authorized activity , submit your request for a time extension to this office for consideration at least one month before the above date is reached . 2 . You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit . You are not relieved of this requirement if you abandon the permitted activity , although you may make a good faith transfer to a third party in compliance with General Condition 4 below . Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer , you must obtain a modification of this permit from this office , which may require restoration of the area . 3 . If you discover any previously unknown historic or archeological remains while accomplishing the activity 1 authorized by this permit , you must immediately notify this 1 office of what you have found . We will initiate the Federal and state coordination required to determine if the remains warrant l a recovery effort of if the site is eligible for listing in the Jt National Register of Historic Places . 4 . If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the Jtransfer of this authorization _ 5 . If a conditioned water quality certification has been issued for your project , you must comply with the conditions specified in the certification as special conditions to this permit . For your convenience , a copy of the certification is attached if it contains such conditions . 6 . You must allow a representatives from this office to inspect the authorized activity at any time deemed necessary to ensure 1 that it is being or has been accomplished in accordance with the J terms and conditions of your permit . SELF-CERTIFICATION STATEMENT OF COMPLIANCE 1 Permit Number : SAJ-2005 - 7713 (NW-TSD ) J Permittee ' s Name & Address ( please print or type ) : JTelephone Number : { Location of the Work : Date Work Started : Date Work Completed : Description of the Work ( e . g . , bank stabilization , residential or commercial filling , docks , dredging , etc . ) : Acreage or Square Feet of Impacts to Waters of the United States : Describe Mitigation completed ( if applicable ) : J Describe any Deviations from Permit ( attach drawing ( s ) depicting the deviations ) : J + + + + + + + + + + + + + + + + + + + + 1 I certify that all work , and mitigation ( if applicable ) was done in Jaccordance with the limitations and conditions as described in the permit . Any deviations as described above are depicted on the attached drawing ( s ) : Signature of Permittee Date 1 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST 1 Permit Number : SAJ- 2005 - 7713 (NW- TSD ) J When the structures or work authorized by this permit are still in existence at the time the property is transferred , the terms and conditions of this permit will continue to be binding on the new owner ( s ) of the property . Although the construction period for works authorized by Department of the Army permits is finite , the permit itself , with its 1 limitations , does not expire . J To validate the transfer of this permit and the associated l responsibilities associated with compliance with its terms and conditions , )f have the transferee sign and date below and mail to the U . S . Army Corps of Engineers , Enforcement Branch , Post Office Box 4970 , Jacksonville , FL 32232 - 0019 . ( TRANSFEREE - SIGNATURE ) ( SUBDIVISION) 1 ( DATE ) ( LOT ) (BLOCS) ") ( STREET ADDRESS ) 1)f (NAME - PRINTED) J (MAILING ADDRESS ) ( CITY , STATE , ZIP CODE ) J i i 60 531 St . Johns River 11WWater Management District 1 Krby B. Green 111, Executive Director • David W. FisK Assistant Executive Director J 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at www.sirwmd.com. March 9, 2006 r1r Indian River County1840 20th St {# Vero Beach, FL 32960 ' rr .. C 9 ;t 1 SUBJECT: Permit Number 40-061 -100728-1 J Roadway Improvements to SR AIA and CR 510 l Dear Sir/Madam: J Enclosed is your general permit as authorized by the staff of the St. Johns River Water Management District on March 9, 2006. 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. J Please be advised that the District has not published a notice in the newspaper advising the J 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. J In the event you sell your property, the permit will be transferred to the new owner, if we are 1 noted 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 1 property owner. d GOVERNING BOARD David G. Graham, cHNRAtAN Jahn G. Sowinskl NCECNAIRk Ann T Moore, semnAw Duane L Ottenstroer,mc_n RM aACKSOWLE ORLANCO BIINNEIL jkmsowV R. Clay Albright Susan N. Hughes William W. Ken Ometrias D. Lorg W. Leonard Wood OCALA POWEVEBRA MaMURNEBEACH APBPNA FERNAMIINA BFACN � I Thank you for your cooperation , and if this office can be of any further assistance to you , please 1 do not hesitate to contact us. J Sincerely, 9. - J J Jo Ann Fuqua Service Center Data Mgt Supervisor 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: Kimley-Horn & Associates Inc 601 21 st Street Suite 400 Vero Beach, FL 32960 J J J d d J ST. JOHNS RIVER WATER MANAGEMENT DISTRICT l Post Office Box 1429 J Palatka, Florida 32178-1429 PERMIT NO. 40-061 -100728-1 DATE ISSUED: March 9, 2006 PROJECT NAME: Roadway Improvements to SR AIA and CR 510 l A PERMIT AUTHORIZING : Construction of a Surface Water Management System with stormwater treatment by swales and best management practices for Roadway Improvements to SR AIA and CR 5103 a 2. 00-acre project to be constructed as per plans received by the District on August 11 , 2005 and plans received by the District on December 15, 2005 and revised plans received by the District on JFebruary 9, 2006. ] LOCATION : ] Section(s): 23 Township(s): 31S Range(s): 39E Indian River County Indian River County 1840 20th St l Vero Beach , FL 32960 J Permittee agrees to hold 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 or any rights of privileges other than those specked herein, 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 : 1 See conditions on attached "Exhibit A", dated March 9, 2006 J AUTHORIZED BY: St. Johns River Water Management District 1 Department of Resource Management By. (Service Center Director - Palm Bay) John Juilianna "EXHIBIT A" J CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061 -100728-1 INDIAN RIVER COUNTY DATED MARCH 9, 2006 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 J 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 Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 1 5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas J 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. 40C-4.900(4). These forms shall be submitted during June of each year. 1 8. For those systems which will be operated or maintained by an entity which will require an J 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 1 final operation or maintenance documents as are required by subsections 7. 1 . 1 through J 7. 1 .4 of the Applicants Handbook: Management and Storage of Surface Waters, must be submitted to the District forapproval. Documents meeting the requirements set forth in these subsections of the Applicantis Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation l either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior d 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 J 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) J 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 (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 J clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing . All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as-built drawings: 1 . Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; 3. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine state-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when J appropriate; J 4. Dimensions, elevations, contours, final grades, or cross-sections of the system to 1 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 rule 40C-1 . 1006, F.A.C. , provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of rule 40C-1 .612, F.A.C. The permittee transferring the permit J 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. 1 18. The permittee shall immediately notify the District in writing of any previously submitted J information that is later discovered to be inaccurate. 19. This permit for construction will expire five years from the date of issuance. 20 . 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. 21 . All wetland areas or water bodies that are outside the specific limits of construction J authorized by this permit must be protected from erosion , siltation , scouring or excess turbidity, and dewatering . l 22. Prior to construction , the permittee must clearly designate the limits of construction on-site. J The permittee must advise the contractor that any work outside the limits of construction, including clearing , may be a violation of this permit. 23. The roadway improvements to SR AIA and CR 510 must be constructed as per plans received by the District on August 11 , 2005 and plans received by the District on December 15, 2005 and revised plans received by the District on February 9, 2006. 24. Prior to construction, the permittee must submit documentation that Indian River County has provided the funds for the mosquito control culvert to the Indian River County Mosquito Control District. 25. Prior to wetland impacts, the permittee must submit documentation that the mosquito control culvert has been installed in accordance with the plan included in the submittal by Kimley- Hom and Associates, Inc. received by the District on February 9 , 2006. J d J J J J J l 1 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 decision 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 1 action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida J 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 party 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 1 Commission and serving a copy on the Department of Environmental Protection and any f 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. 1 15. Failure to observe the relevant time frames for filing a petition forjudicial review 1 described in paragraphs #11 and #12, or for Commission review as described in l paragraph #13, will result in waiver of that right to review. J 1 1 Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U . S . Mail to: Indian River County 1840 20th St Vero Beach, FL 32960 At 4:00 p. m. this 9th day of March 2006. J Division of Permit Data Services 1J Gloria Lewis , Director J St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 329-4152 Permit Number: 40-061 -100728-1 J J I 1 1 1 l