Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2008-213 (3)
OCEAN GATE GENERAL CONTRACTORS, INC. BALANCE SHEETS (REVIEWED - UNAUDITED) (NEXT PAGE) I U W V) LL O 0 z W It k 00 0 N M M C O N O w N co J ION 00632 = CONTRACTOR'S FINAL CERTIFICATIO OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) , who is the CONTRACTOR with whom Indian River County, Florida, a political subdivision, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: WABASSO BEACH PARK RESTORATION INDIAN RIVER COUNTY PROJECT 0612 CONTRACTOR 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 a„ ENGINEER's CONSULTANT and are fully operational with no defects or deficiencies except as listed below. 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. Last Revised 12/2007 00632- 1 Wabasso Beach Pk. Restoration FAPublic Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8-2008\00632 - Contractor's Final Certification.doc The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to Indian River County as 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 the Contract Documents 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. (Corporate Sea[) (Contractor) By: Title: + + END OF SECTION + + Last Revised 12/2007 00632- 2 Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8-2008\00632 - Contractor's Final Certification.doc D 14 -PRO 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: WABASSO BEACH PARK RESTORATION INDIAN RIVER COUNTY PROJECT 0612 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. 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 + + (SURVEYOR'S SEAL) L Last Revised 12/2007 00634-1 Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8-2008\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. \�0 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE .I. Issued and Published Jointly By [INSERT LOGOS] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General [seal] Contractors of America Construction Specifications Institute [seal] These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8- A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) Revised 12/2007 for Wabasso Beach Pk. Restoration Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00700-2 Standard General Conditions of the Construction Contract Rev, 12/2007 Wabasso Beach Pk. Restoration TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY................................................................................................................6 1.01 Defined Terms...................................................................................................................................................6 1.02 Terminology, ...... ...... 111.11 ... I ... ... 11111111110..008od . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 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,,,..",,",",.,,",,,., ..... ............... ...... 4'.9 2.04 Starting the Works'..,, ... 11 ...... ............................................................ ................ so* .... 10 2.05 Before Starting Construction............................................................................................................................10 2.06 Preconstruction Conference..............................................................................................................................10 2.07 Initial Acceptance of Schedules ........................................................................................................................10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..........................................................................11 3.01 Intent ..................................................................................................................................................................11 3.02 Reference Standards..........................................................................................................................................1 l 3.03 Reporting and Resolving Discrepancies,.,..,,,", ........ I'll ....... "I'll ... ... 3.04 Amending and Supplementing Contract Documents,,,, ...... ............................... ............. 12 3.05 Reuse of Documents.........:................................................................................................................................12 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.....................................................................................................................................................:...............12 4.01 Availability of Lands.........................................................................................................................................12 4.02 Subsurface and Physical Conditions................................................................................................................12 4.03 Differing Subsurface or Physical Conditions...................................................................................................13 4.04 Underground Facilities.....................................................................................................................................14 4.05 Reference Points................................................................................................................................................14 4.06 Hazardous Environmental Condition at Site....................................................................................................14 ARTICLE 5 - BONDS AND INSURANCE,,. ... ............... &*So ... 00000 .................. 9666""0.4968 ................ ....... 0 ... 16 5.01 Performance, Payment, and Other Bonds...,., ... "I ... ..... ... 5.02 Licensed Sureties and Insurers.........................................................................................................................16 5.03 Certificates of Insurance...................................................................................................................................16 5.04 CONTRACTOR's Liability Insurance, . I ................. *904* . . 0 0 0 a 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0 s a.. 8 69 0 * . . 0 . . . . . . . . . . . . . . . . 1 6 5.05 0WNER's Liability Insurance. ... I ................. ............................... ............... 5.06 Property Insurance............................................................................................................................................17 5.07 Waiver of Rights ................................................................................................................................................18 5.08 Receipt and Application of Insurance Proceeds..,.. , sees. 1.11 1 1 11.1 ............... 600 0 0 6 d . . 0 & & a a . . . . . . . . . . . . . . . . s a 6 . . . . . 19 5.09 Acceptance of Bonds and Insurance; Option to Replace.................................................................................19 5.10 Partial Utilization, Acknowledgment of Property Insurer...............................................................................19 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES...............................................................................................................20 6.01 Supervision and Superintendence..,,,,,,, .... ............................................................... M11111111111190*60699046,20 6.02 Labor; Working Hours......................................................................................................................................20 6.03 Services, Materials, and Equipment.................................................................................................................20 6.04 Progress Schedule.............................................................................................................................................20 6.05 Substitutes and "Or-Equals"............................................................................................................................20 00700-3 Standard General Conditions of the Construction Contract Rev. 12/2007 Wabasso Beach Pk. Restoration 6.07 Patent Fees and Royalties...........................................................................................:.....................................23 6.08 Permits..,.".... ............ 0.6*.Ooo .............................................................. ................................. 600006*06, ..... 11111123 6.09 Laws and Regulations.......................................................................................................................................23 6.10 Taxes..................................................................................................................................................................24 6.11 Use of Site and Other Areas..,.", .... ............................... ............................... *o44*sq*%.q ... a ...... 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 Works......".."., ............... ................ ................................ 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 Contractors...* me seems, I I I I 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 00 1 101*1111, 1 1 1 1 1 1 .1. 1 . I I I I 1 1 6 1 1 1 0 me 0 6. a I I I I I I I I I I I I I I . I I . I I . I . I I I I I 1 10 0#628 8.02 Replacement ofENGINEER..............................................................................................................................28 8.03 Furnish Data..................................:..................................................................................................................28 8.04 Pay Promptly When Due... I . I I I I I I I I I . I I I . . . . I I I I 1 1 6.1 . . . seems . I I I I I "seems 0 0 0 . 0 . . . d a 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 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 8.11 Evidence of Financial Arrangements................................................................................................................29 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"......".. ...... ....... ................ ...... ....... I I . I I I I . 1 6 3 0 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 9.10 Limitations on ENGINEER's Authority and Responsibilities.....................11611111................140006.0..06...............1131 ARTICLE10 - CHANGES IN THE WORK; CLAIMS................................................................................................................31 10.01 Authorized Changes in the Work....................................................................................................................31 10.02 Unauthorized Changes in the Work. 6 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 61, 1 1 1 1 1 1 1 . . . . . . . . . . . . . . . 00 0 0 0 6 0 0 6 . . . . . . . 31 10.03 Execution of Change Orders...........................................................................................................................31 10.04 Notification to Surety...,...,...., ... ..................... .............. 32 10.05 Claims and Disputes'........ ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 .................................... 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 00700-4 Standard General Conditions of the Construction Contract Rev. 12/2007 Wabasso Beach Pk. Restoration ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES........................................................35 12.01 Change of Contract Price...............................................................................................................................35 12.02 Change of Contract Times..............................................................................................................................36 12.03 Delays Beyond CONTRACTOR's Control.....................................................................................................36 12.04 Delays Within CONTRACTOR's Control.,,,,,,,,..,,,", ..... I ........ ......................................................... 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, I I 1 1 6 1 1 1 1 1 0 0 4 see 0 sees I . .1 "1 . 6.11 1 sea 6 . . . . . . . . 0 . . . . . . . . 0 . . . . . . . . . go 004, 8 0 a 0 66*9 . . . . . . . . . . . . 38 13.07 Correction Period............................................................................................................................................38 13.08 Acceptance of DefectiveWork ........................................................................................................................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 14.06 Final Inspection...............................................................................................................................................42 14.07 Final Payment................................................................................................................................................42 14.09 Waiver of Claims.............................................................................................................................................43 ARTICLE 15 to SUSPENSION OF WORK AND TERMINATION.............................................................................................43 15.01 OWNER May Suspend Work.........................................................................................................................43 15.02 OWNER May Terminate for Cause,,,,.,,, ...... ...... ............ 66.910.043 15.03 OWNER May Terminate For Convenience....................................................................................................44 15.04 CONTRACTOR May Stop Work or Terminate...............................................................................................44 ARTICLE 16 - DISPUTE RESOLUTION.....................................................................................................................................45 16.01 Methods and Procedures................................................................................................................................45 ARTICLE17 - MISCELLANEOUS...............................................................................................................................................45 17.01 Giving Notice,",, ... I ........... .................... I ..... ..... 0000,0 .... 0,98.,*.906945 17.02 Computation of Times.....................................................................................................................................45 17.03 Cumulative Remedies......................................................................................................................................45 17.04 Survival of Obligations....................................................................................................................................45 17.05 Controlling Law..............................................................................................................................................45 00700-5 Standard General Conditions of the Construction Contract Rev. 12/2007 Wabasso Beach Pk. Restoration GENERAL CONDITIONS NOTE: SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY ONDITIONS. IN THESE INSTANCES. THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIE HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR'S CONVENIENCE. REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CON- TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submit- ted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (in- cluding all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, 'Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Docu- ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Con- tract Documents), CONTRACTOR's Bid (including docu- mentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like 00700-6 Standard General Conditions of the Construction Contract Rev. 12/2007 Wabasso Beach Pk. Restoration that may be famished by OWNER to CONTRACTOR are not Contract Documents, 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. A new sentence has been added at the end of Paragraph 1.01.A.15. Seethe Supplementary Conditions. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph I L0 LA for definition. 17. Drawings --That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement. New language has been added to Paragraph 1.01.A.20 See the Supplementary Conditions. 20. ENGINEER's Consultant --An individual or entity having a contract with ENGINEER to finnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions, 21. Field Order --A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times, 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. Rev. 03/2006 Egret Marsh 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24, Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents, Paragraph 1.01.A.30 has been modified as noted. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed and as specified in Exhibit `B" Florida Department of Environmental Protection Supplementary Conditions Article 1 Definitions. paragraph 1.1.17. 31. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, 00700-7 fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. Paragraph 1.01.A.34 has been modified as noted. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents and as specified in Exhibit `B" Florida Department of Environmental Protection Supplementary Conditions Article 1 Definitions, paragraph 1.1.18. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material --Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The autho- rized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information,which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor—An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. Rev, 03/2006 Egret Marsh 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 00700-8 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and confor- mance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents, B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). Paragraphs D.1, 2 and 3 have been deleted and replaced by new paragraphs. See the Supplementary Conditions. Rev. 03/2006 Egret Marsh D. Furnish, Install, Perform, Provide Paragraph DA has been deleted in its entirety. 41 W. - an ebNgafien of . YY• • - E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be finnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed 00700-9 J A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicat- ing the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2, a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and New sentence has been added at the end of paragraph 2.05M.3. See the Supplementary Conditions. 3* a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Rev. 03/2006 Egret Marsh Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. Paragraph 2.05.0 has been deleted and replaced with a new paragraph. See the Supplementary Conditions. Paragraph 2.06.A has been deleted and replaced with a new paragraph. See the Supplementary Conditions. 2.06 Preconstruction Conference ._�•nrrA /5..77rv>.IAZ� 1 e,.s.rTr.rs� - - III A• a It 1 5 kW3 IOWA. kvk. It I M q IV Evil 101111 IOWA 10 W W . Y • . I. 1_ WW AL Ws AaaW Paragraph 2.06.A has been deleted and replaced with a new paragraph. See the Supplementary Conditions. 2.06 Preconstruction Conference W 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 00700-10 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such accep- tance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, schedul- ing, or progress of the Work nor interfere with or 1 - - W W W 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 00700-10 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such accep- tance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, schedul- ing, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOWs 2. No provision of any such standard, AN full responsibility therefor. specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or 2. CONTRACTOR's schedule of Shop responsibilities of OWNER, CONTRACTOR, or Drawing and Sample submittals will be acceptable ENGINEER, or any of their subcontractors, consul - to ENGINEER if it provides a workable tants, agents, or employees from those set forth in arrangement for reviewing and processing the the Contract Documents, nor shall any such required submittals, provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER'S I J 3. CONTRACTOR'S schedule of values Consultants, agents, or employees any duty or will be acceptable to ENGINEER as to form and authority to supervise or direct the performance of substance if it provides a reasonable allocation of the the Work or any duty or authority to undertake Contract Price to component parts of the Work. responsibility inconsistent with the provisions of the Contract Documents, ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, 3.03 Reporting and Resolving Discrepancies AMENDING, REUSE A. Reporting Discrepancies 3.01 Intent 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi- A. The Contract Documents are complementary; guity, or discrepancy within the Contract Documents what is called for by one is as binding as if called for by all. or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the performance of the Work or of any standard, B. It is the intent of the Contract Documents to specification, manual or code, or of any instruction describe a functionally complete Project (or part thereof) to of any Supplier, CONTRACTOR shall report it to be constructed in accordance with the Contract Documents. ENGINEER in writing at once. CONTRACTOR Any labor, documentation, services, materials, or equip- shall not proceed with the Work affected thereby ment that may reasonably be inferred from the Contract (except in an emergency as required by paragraph Documents or from prevailing custom or trade usage as 6.16.A) until an amendment or supplement to the being required to produce the intended result will be Contract Documents has been issued by one of the provided whether, or not specifically called for at no methods indicated in paragraph 3.04; provided, additional cost to OWNER, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any C. Clarifications and interpretations of the Contract such conflict, error, ambiguity, or discrepancy unless Documents shall be issued by ENGINEER as provided in CONTRACTOR knew or reasonably should have Article 9. known thereof. 3.02 Reference Standards B. Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1. Except as may be otherwise specifically Regulations stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in 1. Reference to standards, specifications, resolving any conflict, error, ambiguity, or manuals, or codes of any technical society, organza- discrepancy between the provisions of the Contract tion, or association, or to Laws or Regulations, Documents and: whether such reference be specific or by implication, shall mean the standard, specification, manual, a. the provisions of any standard, code, or Laws or Regulations in effect at the time of specification, manual, code, or instruction opening of Bids (or on the Effective Date of the (whether or not specifically incorporated by Agreement if there were no Bids), except as may be reference in the Contract Documents); or otherwise specifically stated in the Contract Documents. b. the provisions of any Laws or Regulations applicable to the performance of the Rev. 03/2006 Egret Marsh 00700-11 Work (unless such an interpretation of the provi- sions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or flumishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. A new Section, 3.06 — "Coordination of Plans, Specifications, and Special Provisions" has been added. See the Supplementary Conditions. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of Rev. 03/2006 Egret Marsh the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CON- TRACTOR and OWNER are unable to agree on entitle- ment to or on the amount or extent, if any, of any adjust- ment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: 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 Contract Documents; and 2, those drawings of physical conditions in or relating to existing surface or subsurface struc- tures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 00700 - 12 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2, other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or infor- mation. New Paragraphs 4.02.0 and 4.02.D have been added. See the Supplementary Conditions. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1, is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2, is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not fiuther disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. Rev. 03/2006 Egret Marsh C. Possible Price and Times Adjustments 1, The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- graphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. Part of the second sentence of Paragraph 4.03.C.3 has been deleted. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other 00700-13 1 professionals and all court or ar-bitFatieff or - dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facili- ties, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such informa- tion and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, cl coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Rev. 03/2006 Egret Marsh Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2, If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on 00700-14 such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2, other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CON- TRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price Rev. 03/2006 Egret Marsh or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accor- dance with Article 7. 00700-15 I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5,01 Performance)Payment, and Other Bonds Paragraph5.01.A has been deleted and replaced with a new paragraph. See the1/Conditionse A. .. YY• V . • shaR fiffaish PeFfORRaMO GOOtFWt • - -as - paynient .. YY. . Gi Qmtmet ■ These _ et VVYUX1191 L least uafil ene yearr afiff '.0 &`w VVAJLW� fi1w P�a!jq.:.M.efft • ■.GONTRAG eg"ffl3s of by &@ Qm#aet L TOR shA a1s&fiu:Bi&h su& edw BOB& as afe fequ4ed by - -11111 1 •1 1 1 •1 paragraph. Conditions. go sa C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.13, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or Rev. 03/2006 Egret Marsh CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in .the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance The secondsentence1 Paragraph 5.03.A has been deleted in its entirety. A. CONTRACTOR shall deliver to OWNER, with mentary Conditions, certificates of insurance (and other • I• 1 1 _ _ • _ _ • • • ' or other I. JEt ml N bxxV vial 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 00700-16 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2, claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 31 claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4o claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to ._ .. .•aw I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5,01 Performance)Payment, and Other Bonds Paragraph5.01.A has been deleted and replaced with a new paragraph. See the1/Conditionse A. .. YY• V . • shaR fiffaish PeFfORRaMO GOOtFWt • - -as - paynient .. YY. . Gi Qmtmet ■ These _ et VVYUX1191 L least uafil ene yearr afiff '.0 &`w VVAJLW� fi1w P�a!jq.:.M.efft • ■.GONTRAG eg"ffl3s of by &@ Qm#aet L TOR shA a1s&fiu:Bi&h su& edw BOB& as afe fequ4ed by - -11111 1 •1 1 1 •1 paragraph. Conditions. go sa C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.13, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or Rev. 03/2006 Egret Marsh CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in .the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance The secondsentence1 Paragraph 5.03.A has been deleted in its entirety. A. CONTRACTOR shall deliver to OWNER, with mentary Conditions, certificates of insurance (and other • I• 1 1 _ _ • _ _ • • • ' or other I. JEt ml N bxxV vial 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 00700-16 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2, claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 31 claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4o claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6, claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5, contain a provision or endorsement that the coverage afforded will not be canceled, materi- ally changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance finnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); Rev, 03/2006 Egret Marsh 6, remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replac- ing defective Work in accordance with paragraph 13.07; and 7, with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall fiunish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). New Paragraphs 5.04.0 and D have been added. See the Supplementary Conditions. Section 5.05 has been deleted in its entirety. 5.06 Property Insurance Paragraphs 5.06.A, B, and C have been deleted and replaced with new paragraphs. See the Supplementary Conditions. - •VY. •. _ �_ . �� ••. I.L. NZI �b POI 15. 63royMnY. I -A_ 5.06 Property Insurance Paragraphs 5.06.A, B, and C have been deleted and replaced with new paragraphs. See the Supplementary Conditions. 00700-17 .... �_ . NZI �b POI 15. 63royMnY. _ 00700-17 NZI �b POI 15. property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superin- tendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CON- TRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CON- TRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. Rev. 03/2006 Egret Marsh New Paragraphs 6.02MA9 29 39 49 59 6, and 7 have been added. See the Supplementary Conditions. 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, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall finmish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the prog- ress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. ' 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and "Or -Equals " 00700-20 ' paragraph.new iSupplementary Conditions. A. • 01 Ewa _ WFWNV�w. I %V 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment pro- posed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be con- sidered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if. Sentence 6.05.A.1.a.(ii) has with a new sentence. Conditions. been deleted and replaced See the Supplementary a. in the exercise of reasonable judgment ENGINEER determines appearance,equal in quality, durability, , - n. . ably b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2, Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.12 it will be considered a proposed substitute item. Rev. 03/2006 Egret Marsh b. CONTRACTOR shall submit sufficient information as provided below to allow ENGI- NEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CON- TRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the applica- tion, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item B. Substitute Construction Methods If a specific means, method, technique; 00700-21 or Procedures. sequence, or J procedure of construction is shown or indicated in and expressly required by the Contract Documents, CON- TRACTOR may furnish or utilize a substitute means, meth- od, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subpara- graph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of accept- ability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to fixrnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.13 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Rev. 03/2006 Egret Marsh Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. A new sentence has been added at the end of Paragraph 6.06.C. See the Supplementary Conditions. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or fiunishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or finnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. 00700-22 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRAC- TOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any Rev. 03/2006 Egret Marsh infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. New Paragraphs 6.08.B, C, D and E have been added. See the Supplementary Conditions. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work, however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 00700-23 1 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. Rev. 03/2006 Egret Marsh C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents, D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13A and 6.13B has been revised as noted. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety and protection precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 00700-24 2, all the Work and materials and equip- ment to be incorporated therein, whether completely or partially installed, or in storage on or off the Site; and 3, other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- ground Facilities not designated for removal, reloca- tion, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR at no expense to OWNER (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other _individual or entity directly or indirectly employed by any of them). All damage_injury, or loss to any property referred to in paragraph 6.13.A.2 caused by disasters, including but not limited to hurricanes, tornadoes, floods, fires, abnormal weather conditions, or acts of God shall be remedied by CONTRACTOR at no expense to OWNER. CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and i:5z.� Y�� 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. Rev. 03/2006 Egret Marsh 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGI- NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. 00700-25 D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assem- bly, and installation pertaining to the perfor- mance of the Work; c. all information relative to means, meth- ods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Draw- ing or Sample submitted may have from the require- ments of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, con- form to the information given in the Contract Docu- ments and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, Rev. 03/2006 Egret Marsh 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CON- TRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the require- ments of paragraph 6.17.D.10 F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previ- ous submittals. New Paragraph 6.17.G has been added. See the Supplementary Conditions, 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that 00700-26 all Work will be in accordance with the Contract Docu- ments and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2, normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2, recommendation by ENGINEER or pay- ment by OWNER of any progress or final payment; 3, the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4, use or occupancy of the Work or any part thereof by OWNER; 5, any acceptance by OWNER or any failure to do so; 6, any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7, any inspection, test, or approval by others; or 8, any correction of defective Work by OWNER. 6.20 Indemnification Lo new paragraph. See the Supplementaryondi Rev. 03/2006 Egret Marsh B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 00700-27 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, ASK or Specifications; or 2, giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. J . VY. a 97 B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 00700-27 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, ASK or Specifications; or 2, giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. J ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to 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 with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CON- TRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an Rev. 03/2006 Egret Marsh acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3, the extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER terminationPart of paragraph 8.02.A has been deleted. A. In case of of the employment of ENGINEER, OWNER shall appoint.n i GONTP.WTORwhose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 00700-28 8.05 Lands and Easements; Reports and Tests 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. Paragraph 4.02 refers to OWNER's identifying and making 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 subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents, 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's Rev. 03/2006 Egret Marsh responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9. 10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist 00700-29 J ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Docu- ments. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpre- tation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work Rev, 03/2006 Egret Marsh as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. Paragraph 9.09.B has been deleted in its entirety. 00700-30 ...IN ... _ P1 P . ...._. •.rW RMY&A Val• 00700-30 9.10 Limitations on ENGINEER'S Authority and Responsibilities A. Neither ENGINEER'S authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the perfor- mance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accor- dance with the Contract Documents, C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents, E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. Rev. 03/2006 Egret Marsh ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.043. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 00700-31 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.0l.A, (a) required because of acceptance of defective Work under paragraph 13.08.A or OWNER'S correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2, changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3, changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para - graph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim 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 in accordance with the provisions of paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with Rev. 03/2006 Egret Marsh the dispute resolution procedures set forth in Article 16; or 2, if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRAC- TOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.13, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.0 LB. 00700-32 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security. contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment fur- nished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGI- NEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: Rev. 03/2006 Egret Marsh 00700-33 a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and main- tenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. C, Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e . Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and con- tracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.O1.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not Rev. 03/2006 Egret Marsh limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs I L0 LA and 11.O1.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 1 LOLA and I LO1.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work 00700-34 A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1, the quantity of any item of Unit Price Work performed by CONTRACTOR differs mate- rially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred addi- tional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. Rev. 03/2006 Egret Marsh B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of para- graph 11.03 ); or Part of paragraph 12.01.13.2 2, where the Work involved is not covered by unit prices contained in the ContractD. by a mutually agreed lump surn-(whieh-may4nehi& in __ _ Paragraph 12.01.B3 has been deleted in its entirety. Paragraph 12.01.0 has been deleted in its entirety. .. ...... Mmm 01 mom 10 1011 a Well Paragraph 12.01.0 has been deleted in its entirety. 00700-35 .. ...... Mmm 00700-35 .. ...... 01 a Well wArAINUND . . V2 Z 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12, 12.03 Delays Beyond CONTRACTOR'S Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of 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 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of Rev. 03/2006 Egret Marsh CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the 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. 12.06 Delay Damages replaced with a new paragraph. Conditions. OV94MR er-1. 1_ _ rR be wmwlrarlw!R�. .. Y • . • . 1_ M, ... WA IVMME i Is —1 lkwl.111 Mz.; =R! • �- moo • YY� • 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12, 12.03 Delays Beyond CONTRACTOR'S Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of 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 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of Rev. 03/2006 Egret Marsh CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the 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. 12.06 Delay Damages replaced with a new paragraph. Conditions. OV94MR er-1. 1_ _ rR be wmwlrarlw!R�. .. Y • . • . 1_ M, ... WA IVMME Is —1 lkwl.111 I • Y� • �- moo 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12, 12.03 Delays Beyond CONTRACTOR'S Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of 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 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of Rev. 03/2006 Egret Marsh CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the 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. 12.06 Delay Damages replaced with a new paragraph. Conditions. OV94MR er-1. 1_ _ rR be wmwlrarlw!R�. �- moo • YY� • . • .I. 1_ 1_ . ... 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12, 12.03 Delays Beyond CONTRACTOR'S Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of 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 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of Rev. 03/2006 Egret Marsh CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the 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. 12.06 Delay Damages replaced with a new paragraph. Conditions. OV94MR er-1. 1_ _ rR be ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 00700-36 wmwlrarlw!R�. �- • YY� • . • .I. 1_ 1_ . ... ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 00700-36 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. new paragraph. See the Supplementary Conditions. B. ..... ' shag enTley and pay for- dw sefvie.es of - I= Paragraph 13.03.0 has been deleted in its entirety. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval Rev. 03/2006 Egret Marsh prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRAC- TOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. Parts of the last two sentences of paragraph 13.04M have been deleted. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, famishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed-kwmase in the Cuefi#kaee# Pfiee of an extension of the Contract Times (or Milestones), erbed3; directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the-amount-ef extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 00700-37 Paragraph 13.05.A has been deleted and replaced with a new paragraph. See the Supplementary Conditions. 13.05 OWNER May Stop the Work 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.1 LA is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work Rev. 03/2006 Egret Marsh corrected or repaired or may have the rejected Work re- moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER 00700-38 VIM" rx"Wr .. YY� • riff _ • 111TAk UM 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.1 LA is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work Rev. 03/2006 Egret Marsh corrected or repaired or may have the rejected Work re- moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER 00700-38 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work allkmaterials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employ- ees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorpo- rating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. Rev. 03/2006 Egret Marsh ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- tion for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 00700-39 1. At least 20 days before the date estab- lished for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Docu- ments. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Applica- tion for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (sub- ject to an evaluation of the Work as a f niction- ing whole prior to or upon Substantial Comple- tion, to the results of any subsequent tests called for in the Contract Documents, to a final deter- mination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such pay- ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4, Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending ecommending payments nor ENGINEER's recommenda- Rev. 03/2006 Egret Marsh tion of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, meth- ods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. New paragraphs 14.02.B.5.e and f have been added. See the Supplementary Conditions. Paragraph 14.02.C.1 has been deleted and replaced with a new paragraph. See the Supplementary Conditions. C. Payment Becomes Due 00700-40 .... �_ . wp NO Ow I WA WI &1111 M - _ .. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; Part of ParagraphI 1 i . has been deleted. b. Liens have been filed in connectionwith the • K. exeept where G01OR •safisfaeter-y.W, sueh Liens; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. New paragraphs 14.02.D.1.e, f, g, and h have been added. See the Supplementary Conditions, 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CON- TRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.11 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Rev. 03/2006 Egret Marsh Parts of 14.04.A. have been deleted and replaced. See Supplementary Conditions. 14.04 Substantial Completion A. When CONTRACTOR •n.Work ready for its intended use CONTRACTOR shall notify WIN./ • • .i • u I A-CWHARIPPLap i. fix the date ofSubstantialCompletion. Theresha14be -.... /_ . ../ -' - , WA ..�./_. _•MMM x1rIVILVArra" .I. /_ • .. Y• YArai respect to security, operation, safety, and prot ection. of the Work - and • OWNER and CONTRACTOR agree otherwise in writmig and so inform ENGINEER writing prior to 1 n• the definitive certificate of Substantial Completion, ENGINEER's aforesaid reconiniendation will be binding on OWNER and CONTRACTOR • .. payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR 00700-41 ;i. reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons there- for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding propertyinsurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, Rev. 03/2006 Egret Marsh ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment 00700-42 A. Application for Payment 1, After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record docu- ments (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observa- tion of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying docu- mentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CON- TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. Paragraph 14.07.C.1 has been deleted and replaced with a new paragraph. See the Supplementary Conditions. C. Payment Becomes Due 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been finnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made Rev. 03/2006 Egret Marsh under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims Paragraph I' has been deleted and replaced in its entirety I a new paragraph, See tISupplementary Conditions. Y. - .. Y• .,..•_ 1 11 W WPM All I 1.0 .. A&_ • N BMW Val N 01FAVIM Vd 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been finnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made Rev. 03/2006 Egret Marsh under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims Paragraph I' has been deleted and replaced in its entirety I a new paragraph, See tISupplementary Conditions. Y. - ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work • � 1 1 ' � 1 I 1 1 1 1replacedwith new sentences. Supplementary Conditions, A. At any time •without• ' may TRACTOR 1 • ENGINEER whichwill fix thedate • 1 which Work will be resumed. CONTRACTOR shall resume theWork•1 1" •.- •fixed. •. Y• •• ._ will _• YY• _ • 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify temiination for cause: 00700 - 43 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materi- .. Y• .. A&_ • N BMW Val •. • .• _A - ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work • � 1 1 ' � 1 I 1 1 1 1replacedwith new sentences. Supplementary Conditions, A. At any time •without• ' may TRACTOR 1 • ENGINEER whichwill fix thedate • 1 which Work will be resumed. CONTRACTOR shall resume theWork•1 1" •.- •fixed. •. Y• •• ._ will _• YY• _ • 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify temiination for cause: 00700 - 43 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materi- .. Y• .. A&_ ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work • � 1 1 ' � 1 I 1 1 1 1replacedwith new sentences. Supplementary Conditions, A. At any time •without• ' may TRACTOR 1 • ENGINEER whichwill fix thedate • 1 which Work will be resumed. CONTRACTOR shall resume theWork•1 1" •.- •fixed. •. Y• •• ._ will _• YY• _ • 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify temiination for cause: 00700 - 43 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materi- als or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents, New Paragraphs 15.02.A.5 and 15.02.A.6 have been added. See the Supplementary Conditions. The third sentence of Paragraph 15.02.B has been deleted and replaced with a new sentence. See the Supplementary Conditions. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equip- ment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. if the unpaid balmee e sustained b OV44ER afising eW ^f of relating to cenipletng` =e WeEk; such ffleeess will be paid+^ If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR Rev. 03/2006 Egret Marsh then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. A new Paragraph 15.02.) has been added. See the Supplementary Conditions. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Docu- ments prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2, for expenses sustained prior to the effective date of termination in performing services and finmishing labor, materials, or equipment as re- quired by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; Paragraph 15.03.4Ahas deleted 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate Parts of Paragraph 15.04 have been deleted. A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, of 0 xa4s or --3,0 days to pay —CONTRACTOR any sum finally deteffnined te be due, then CONTRACTOR may, upon 00700-44 seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, of CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures new paragraph. ie Supplementary Conditions. A. ■ lispuW r-esehifien methods and pr-eeedums, if any, pl� 91 ■ Pill F11 pp.. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last Rev. 03/2006 Egret Marsh day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law X 'VFI i . 1 iWill v new paragraph. the ppConditions, A. Y. state in whileh the ._ New Paragraphs have been added. See the Supplementary Conditions. 00700-45 J 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 Availability of Lands SC - 4.01 Subsurface and Physical Conditions SC — 4.02 Differing Subsurface or Physical Conditions SC - 4.03 Hazardous Environmental Conditions at Site SC - 4.06 Performance, Payment and Other Bonds I SC — 5.01 Certificates of Insurance SC — 5.03 CONTRACTOR'S Liability Insurance SC — 5.04 OWNER'S Liability Insurance SC — 5.05 Property Insurance SC — 5.06 Waiver of Rights SC — 5.07 Receipt and Application of Insurance Proceeds SC — 5.08 Acceptance of Bonds and Insurance; Option to Replace SC — 5.09 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 Last Revised 12/2007 00800-1- Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc J Shop Drawings and Samples SC — 6.17 Indemnification SC - 6.20 Replacement of Engineer SC — 8.02 Decisions on Requirements of Contract Documents and Acceptability of Work Sc - 9.09 Change of Contract Price SC —12.01 Delay 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 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 —16.0 Controlling Law SC — 17.05 Liens SC — 17.06 Equal Employment Opportunity SC — 17.07 Compliance With the Copeland "Anti -Kickback" Act SC —17.08 Compliance With the Contract Work Hours and Safety Standards Act SC —17.09 Access to Books, Documents, and Papers SC —17.10 Compliance With Applicable Standards, Orders, or Requirements SC —17.11 Energy Efficiency SC —17.12 Compliance With Health and Safety Regulations SC — 17.13 Minimum Percentage of Work to be Performed by Contractor SC — 17.14 Florida Department of Environmental Protection (FDEP) Supplementary Conditions SC - 17.15 Direct Purchase of Equipment by the County SC — 17.16 Last Revised 12/2007 00800-2- Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc SECTION 00800 =SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS scall 400 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.15. Add the following sentence at the end of paragraph GC -1.01.A.15. The CONTRACTOR shall be a contractor licensed in the State of Florida to perform construction services of the type required for this project. SC -1.01.A.20. Add the following language at the end of GC -1.01.A.20. Name Michael P. Walther, P.E. Anthony J. Donadio OCI Associates, Inc. 2011 South 25 nStreet 100 Avenue A, Suite 2-A City, State Zip Consulting Engineers Address 36252oStreet 609 17th Street 427 Centerpointe Cr. Fax 772468-3700 772-467-1303 Suite 1825 City, Vero Beach, Vero Beach Altamonte Springs State, Florida Florida Florida Zip 32960 32960 32701 Phone 772-562-8580 772-794-2929 407-332-5110 Fax 772-633-2150 772-562-8600 407-332-7704 Email Mwalther@coastaltechcorp anthony@donadio-arch.com 'Com Name Jenkins & Charland Thomas Lucido & Associates Address 2011 South 25 nStreet 100 Avenue A, Suite 2-A City, State Zip Ft. Pierce, Florida 34947 Ft. Pierce, Florida 34950 Phone 772-466-3773 772-467-1301 Fax 772468-3700 772-467-1303 Email Where shown in the Technical Specifications, herein ENGINEER shall have the same meaning as the ENGINEER's CONSULTANT, SC -1.02 Terminology SC -1.02.D.1, 2, and 3Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: Last Revised 12/2007 00800-3m Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc D. Furnish, Install, Perform, Provide 1. The word(s) "furnish" or "sell and deliver" 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(s) "install" or "sell and deliver' 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 or sell and deliver and install services, materials, or equipment complete and ready for intended use. The word "construct" shall mean the same as "perform" or provide". SC -1.02.D.4 Delete paragraph GC -1.02.D.4 in its entirety. SC -2.05 Before Starting Construction SC -2.05.13.3 Add the following Sentence: "The Schedule of Values shall be prepared in agreement with other Sections herein. SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -2.06 Pre -Construction Conference SC -2.06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Engineer will call a pre -construction 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 Last Revised 12/2007 00800-4- Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc 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 GC4.02.8: 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 October 11, 2007 Prepared by A.M. Engineering and Testing, Inc., entitled "GEOTECHNICAL ENGINEERING SERVICES WABASSO BEACH PARK RESTORATIONS INDIAN RIVER COUNTY, FLORIDA PROJECT NO, PSL 193513-1 consisting of 18 pages. 2. Report dated January 2007, Prepared by Thomas E. Penders, RPA, Thomas Penders and Associates, 3365 Heather Drive, Titusville, Florida 32796, entitled "SUMMARY OF FINDINGS: WABASSO BEACH PARK RESTORATION AREA ARCHAEOLOGICAL SURVEY", consisting of 15 pages. D. Reports and drawings itemized in SC4.02.0 and SC4.02.D are not included with the Bidding Documents. Copies may be examined at office of the Public Works office 4375 43rd Ave. Vero Beach, Fl, during regular business hours. These reports and drawings are not part of the Contract Documents. SC -4.03 Differing Subsurface or Physical Conditions SC4.03.C.3 Delete the following text from the second sentence of paragraph GC -4.03.C.3: SC -4.06 Hazardous Environmental Conditions at Site SC -4.06.G Delete paragraph GC -4.06.G in its entirety. SC -4,06,H 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: 6 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. Last Revised 12/2007 00800-5- Wabasso Beach Pk, Restoration FAPublic Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc 2. Such Bonds shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3, The CONTRACTOR shall record, the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded. The CONTRACTOR shall pay all costs. SC -5.01.6. Delete paragraph GC -5.01.B in its entirety and insert the following paragraph in its place: B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida. The CONTRACTOR shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the CONTRACTOR shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04. B: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2, Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse Last Revised 12/2007 00800-6- Wabasso Beach No Restoration FAPublic Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc A I ib 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. Owned Autos b. Hired Autos C, Non -Owned Autos. 4. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement„ forms in the exact wording and format presented in these Contract Documents before starting work. 5. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. b. "Indian River County, a political subdivision of the state of Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance. C, The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. e.. Insured must be authorized to do business and have an agent for service of process in Florida and have at least an A- policyholder's rating and financial rating of a least Class VII in accordance with the most current Best's Rating. D. Should the CONTRACTOR at any time, neglect or refuse to provide the insurance required herein, or should such insurance be canceled or should the full annual aggregate amount of any policy not be available to satisfy the requirements of the Contract, the OWNER shall have the right, but not the obligation, to procure such insurance for the CONTRACTOR and the cost thereof shall be deducted from the monies then due or thereafter to become due to the CONTRACTOR or to declare CONTRACTOR in default under the Contract. 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 Last Revised 12/2007 00800- 7- Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4, cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. SC -5.06.E Delete paragraph GC -5.06.E in its entirety SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC -5.09 in its entirety. SC -6.02 Labor; Working Hours SC -6.02. B. Add the following paragraphs immediately after paragraph GC -6.02.8: 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 Last Revised 12/2007 00800-8- Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc not be permitted without prior written permission and approval from the ENGINEER. 3, The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 7 p.m. except in case of emergency upon specific permission of the ENGINEER. 7. No work shall be performed on Saturday or Sunday without prior written permission and approval from 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.1.a.(ii) Delete sentence GC-6,05.A.1.a.(ii) in its entirety and insert the following in its place: 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 defined in Florida Statutes section 713.01) may apply to Indian River County as Owner for irr 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: Last Revised 12/2007 00800- 9- Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc B. The OWNER has applied for the following permits: 1. Indian River County Minor Site Plan 2, Florida Department of Environmental Protection reference IR -784 3, US Army Corp of Engineers C. The OWNER has obtained an exemption from the St. Johns River Water Management District, D. The CONTRACTOR shall obtain and pay for all other required permits and Licenses, except any impact fees, which will be paid by the OWNER. 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. E. 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. F. The CONTRACTOR shall post copies of all permits at the Project site. SC- 6.13 SAFETY AND PROTECTION SC — 6.13A and 6.136 have been revised as follows: 6.13A second and third line of the first paragraph as noted: "...all safety and protection precautions........" 6.13A, 1 as noted: 1. all persons on......" 6.13A, 2 as noted: "2. all the Work... therein, whether completely or partially installed or in........" 6.1313, 17th line as noted: "CONTRACTOR at no expense to OWNER (except.........." 6.1313, lines 25 through 30 as noted: "....any of them). All damage, iniury, or loss to any property referred to in paragraph 6.13.A.2 caused by disasters, including but not limited to hurricanes, tornadoes, floods, fires, abnormal weather conditions, or acts of God shall be remedied by CONTRACTOR at no expense to OWNER. CONTRACTOR'S 1.011" 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 OWNER, together with its agents, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful Last Revised 12/2007 00800-10- Wabasso Beach Pk. Restoration FAPublic Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc L conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. SC -8.02 Replacement of Engineer SC -8.02 Delete the following text from paragraph GC -8.02.A: SC -9.09 Decisions on Requirements of Contract Documents and Acceptability of Work SC -9.09 Delete paragraph GC -9.09.B in its entirety. SC -12.01 Change of Contract Price SC -12.01.6.2 Delete the following text from paragraph GC -12.01.B.2 and add a "period"() at the end of the remaining text.: rajawaI III I, 111 11 11 111 11 111 11: 111 111 11 IS a bdm=&�l�FAI viva RIMM SC -12.01 Delete paragraphs GC -12.01.6.3 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.B in their entirety and insert the following paragraph in their place: A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from any delay whatsoever. The CONTRACTOR's sole and exclusive remedy for delays to the project is an extension of time. SC -13.03 Test and Inspections SC -13.03.13. Delete paragraph GC -13.03.B in its entirety, and insert the following in its place: CONTRACTOR 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. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall also be paid for by the CONTRACTOR. SC -13.03.0 Delete GC -13.03.0 in its entirety. SCSI 104 Uncovering Work SC -13.04.13 Delete portions of the last two sentences as follows: If, however, such Work is not found to be defective, CONTRACTOR shall be allowed—CIA an extension of the Contract Times (or Milestones), --GF Last Revised 12/2007 00800-11- 1 Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc beth directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amouRt 9F 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. SC -14.02 Progress Payments SC -14.02.13.5. Add the following paragraphs at the end of paragraph GC -14.02.8.5: e. OWNER has been required to pay ENGINEER or ENGINEER's Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC -14.02.C.1. Delete paragraph GC -14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the "Local Government Prompt Payment Act' Florida Statutes section 218.70, et. seq. SCA 4.02.Do1.b Revise GC -14.02.D. lob 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 GC44.02.D.1.d: e. CONTRACTOR fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors; f. the Work for which payment is requested cannot be verified; g1 of persistent failure to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work; or Last Revised 12/2007 00800-12- Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc 1 h. of any other breach of, default under or violation of, or failure to comply with, the provisions of the Contract Documents. SC -14.04 Substantial Completion SC -14.4, A. Delete the 5th, 6th, 70, and 8t' sentences in that paragraph and replace them with the following: In accordance with the provisions of Florida Statues section 208.735(7)(x)(2005), upon receipt of the tentative certificate of substantial completion from ENGINEER, the OWNER, ENGINEER, and the CONTRACTOR shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the OWNER, the ENGINEER, and the CONTRACTOR by the OWNER or the ENGINEER within 30 calendar days after substantial completion. The OWNER or the ENGINEER acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the CONTRACTOR to complete all the Work under this Agreement; 2) upon completion of all items on the Statutory List, the CONTRACTOR may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the CONTRACTOR to complete to the OWNER'S satisfaction under this Agreement. After receipt of the Statutory List by the CONTRACTOR, the CONTRACTOR acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion of the Project. SC -14.07 Final Payment SC -14.07.C.1. Delete paragraph GC44.07.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 GC44.09.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 Last Revised 12/2007 00800-13m Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc sureties from any obligations under the Contract Documents or the Payment and Performance Bonds, SC -15.01 OWNER May Suspend Work SC -15.01.A Delete the last sentence in paragraph GC -15.01.A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such Work suspension. SC -15.02 OWNER May Terminate For Cause SC -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC45.02.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. SCA 5.02. B Delete the third sentence in paragraph GC -15.02.6 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 GC45.04.A: SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: Last Revised 12/2007 00800-14- Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc J •1M1111 a 'I I Pm &—A J \ X (11111N1Jl=a mm 1A Iman -O•IZO Ymm-\-11 lm m. I.m l—X-�1— SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: Last Revised 12/2007 00800-14- Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc SC -16.0 SC -16.01.A. place: DISPUTE RESOLUTION Delete paragraph GC46.01.A in its entirety and insert the following paragraph in its A. Dispute resolution and procedures: OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County. If mediation is unsuccessful, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. SC -17.05 Controlling Law SC -17.05.A. Delete paragraph GC4 7.05.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. Add the following new paragraphs immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. . No liens may be filed against the OWNER. Pursuant to Florida Statues Section 255.05(1)(a)(2005), any claimant may apply to the OWNER for a copy of this Contract and the associated payment and performance bonds. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to the time and notice provisions as specified in Florida Statutes Section 255.05 (2). SC -17.07 Equal Employment Opportunity A. The CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). SC -17.08 Compliance With the Copeland "Anti -Kickback" Act A. The CONTRACTOR shall comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). SC -17.09 Compliance With the Contract Work Hours and Safety Standards Act Last Revised 12/2007 00800-15- Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc A. The CONTRACTOR shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) as supplemented by Department of Labor regulations (29 CFR Part 5). SC -17.10 Intentionally Left Blank SC -17.11 Compliance With Applicable Standards, Orders, or Requirements A. The CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U. S. Environmental Protection Agency regulations (40 CFR Part 15). SC -17.12 Energy Efficiency A. The CONTRACTOR shall comply with all applicable standards and policies relating to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871). SC -17.13 Compliance With Health and Safety Regulations A. The CONTRACTOR shall comply with all federal, state, and local rules and regulations. This requirement includes compliance with all federal, state, and local health and safety rules and regulations. SC -17.14 Minimum Percentage of Work to be Performed by CONTRACTOR A. The CONTRACTOR shall perform a minimum of 51 percent of the Work with its own personnel and equipment. ++END OF SECTION++ Last Revised 12/2007 00800-16- Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Div 0 AS OF 1-8- 2008\00800 - Supplementary Conditions.doc APPENDIX A LEGAL DESCRIPTION Parcel No, 1 Lot 10, Block A, Summerplace No. 1, Platbook 6, Page 56, Indian River County, Florida (NOT Indian River County OWNERSHIP) Parcel No. 2 Park Area, block A, Summerplace No. 1, Platbook 6, Page 56, r Indian River County, Florida. t. Parcel No. 3 Beginning at a point which is 246.25 feet east of the northwest corner of Government Lot 1, Section 26, Township 31 South, Range 39 East, and 25 feet North of the North Line of said Lot 1; Thence East 231.35 feet to the High Water Line of the Atlantic Ocean; Thence Northerly along said High Water Line 115.4 feet; Thence West, Parallel to the North Line of said Lot 1, a distance of 183.5 feet; Thence South 105.0 feet to the Point of Beginning; Containing One Half Acre, Being a portion of Government Lot 6, in Section 23, Township 31 South, Range 39 East. Parcel No. 4 Beginning at a Point Which is 316.9 feet East of the Northwest Corner of Government Lot 1, Section 26, Township 31 South, Range 39 East, and 25 feet South of the North Line of said Lot 1; Thence East Parallel to the North Line of Lot 1, 183.5 feet to the High Water Line of the Atlantic Ocean; Thence Southerly along said High Water Line about 115.4 feet; Thence Westerly Parallel to the North Line of said Lot 1, a Distance of about 231.35 feet; Thence North 105.0 feet to the Point of Beginning, containing One Half Acre. 12/2007 - 1 - Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Div 0 AS OF 1-8-2008\APPENDIX A.doc Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 567=8000 Fax (772) 770-5140 Ext. 1416 Date: Project Name: .Bid Number: Bid Opening Date: ADDENDUM NO. 1 February 29, 2008 Wabasso Beach Park Restoration 2008032 March 26, 2008 at 2:00 pm This Addendum is issued for the purpose of revising the bid due date. ****************This Addendum MUST be returned with your Bid****************** All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960, prior to the Date and Time shown above. Late bids will be returned unopened. Company Name Name: (Type / Printed) Authorized Signature: Telephone: Fax: Title: Date: FAPublic Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Addendum #1 #2, #3, #4, & #51Addendum #1,doc Indian River County IN Is Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 567=8000 Ext. 1416 Date: Project Name: Bid Number: Bid Opening Date: Fax (772) 770=5140 ADDENDUM NO. 2 March 12, 2008 Wabasso Beach Park Restoration 2008032 March 26, 2008 at 2:00 pm ED 26 This Addendum includes revisions to various SECTIONS of the CONTRACT BID DOCUMENTS, ADDITIONAL CONTRACT DRAWING, and REVISED CONTRACT DRAWINGS consisting of 45 pages, and 16 DRAWINGS.. •' ****************This Addendum MUST be returned with your ho******************d All Bids must be received by Street, Vero Beach, FL 32960, will be returned unopened. Company Name Name: (Type / Printed) Authorized Signature: he Purchasing Division office located at 1800 27t'' prior to the Date and Time shown above. Late bids Title: Date: Telephone: Fax: F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2006\Addendum #1 #2, #3, #4, & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Page 1 of 11 Rev. 3-12-08 r L Item 1— Response to questions received prior to the February 28, 2008 Prebid Conference. 1. WILL TRASH BINS, BBQ GRILLS, AND CIRCULAR BENCH BE SUPPLIED BY COUNTY OR CONTRACTOR AND ARE THERE ANY COUNTY STANDARDS? The County will furnish and install the trash bins. CONTRACTOR shall furnish and install two grills and the circular bench. Grills will be required for the picnic pavilions and shall be Pilot Rock, model NS -20 B6S stainless steel. Contact R. J. Thomas Mfg. Co., Inc. 800-762-5022. Grills shall be installed per manufacturer's recommendation where directed by the ENGINEER. Circular Concrete Benches shall be Barco Products, Seaside Bench Model No. SW1030, 6' Concrete Bench with seat color to be Slate Natural Stone and base color to be Tan Exposed Aggregate. Barco Products contact number 800.338-2697. Barco Products or approved equal accepted. 2. CAN THE WORK PROCEED DURING THE SEA TURTLE NESTING SEASON? The sea turtle nesting season begins March 1St and ends October 31St. Yes, all work landward of the "primary dune line" which essentially includes all work except the crosswalks and ramp. See Section 01009 SPECIAL PROVISIONS, Articie1.2, and Section 00200 INSTRUCTIONS TO BIDDERS Article 23. 3, WILL BATHROOM FLOORS BE EPDXY COATED? SPECIFICATIONS LIST EPDXY, BUT FINISH SCHEDULE SHOWS ONLY SEALED CONCRETE. The restroom floors will be finished per the specifications. Item 2 — Response to questions received at the February 28, 2008 Prebid Conference: 1. CAN THE FULL TIME INSPECTOR, REQUIRED IN SECTION 00459, ITEM 3, ALSO BE THE PROJECT FOREMEN? Yes 2, DOES THE CONTRACTOR OR COUNTY PAY FOR TESTING? CONTRACTOR pays for the testing. See Section 00800, Supplementary Conditions to the General Conditions, Article SC -13.03 3. PLEASE PROVIDE A PERMIT FEE SCHEDULE; ARE THERE ANY UTILITY FEES? See the following Revised Section 00800, Supplementary conditions, Article SC -6.08, Paragraphs B and D: ab Be The OWNER has applied for or obtained the following permits: Indian River County Minor Site Plan Florida Department of Environmental Protection, Reference IR -784 US Army Corps of Engineers I • Florida Department of Environmental Protection Water & Wastewater Indian River County Water & Wastewater FDOT Utilities Connection and Driveway Connection Other permits to be obtained by CONTRACTOR include but may not be limited to: Indian River County Building Department • Indian River County Electrical for Lift Station • Florida Department of Health Well demolition and construction permits F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Addendum #1 #2, #3, #4, & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Page 2 of 11 Rev. 3-12-08 D. The CONTRACTOR shall obtain and pay for all other required permits and licenses, except any impact fees or utility connection fees, which will be paid by the OWNER. 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. Local Department of Health permit fee for well abandonment is $25.00 and $50.00 for new irrigation well construction. The building permit fee for each subcontractor Is $75.00. A general project permit fee is $200.00 plus 0.00415 times the total project cost less $48,192.72. Separate electrical inspection permit and fees will be required for the lift station. 4. WHAT'S THE STATUS OF THE BUILDING PERMIT PLANS? The "building permit plans" are under review by the County's Technical Review Committee. 5, ARE THERE SPECIFIC FEES RELATIVE TO THE SEWER UTILITY? Yes, see above #3 for payment. 6. HOW CAN I GET THE GEOTECHNICAL INFORMATION? Request the geotechnical information .from the Indian River County Public Works Dept. by phone or email, 772-226.3476; csuthard cDircpov.com. Copy attached 7. WHEN WILL THE NOTICE -TO -PROCEED BE ISSUED? A general estimate of the end of April 2008 at the earliest, however the project CONTRACT has to be awarded by the Board of County Commission after bids are received, CONTRACTS prepared, bonds recorded, and preconstruction meeting completed before a Notice -to -Proceed is issued. With the extension of the Bid Date this may delay award to sometime in May of 2008. See Section 00200, Instructions to Bidders, Article 18, BIDS TO REMAIN SUBJECT TO ACCEPTANCE, AND Article 19, AWARD OF CONTRACT. ALSO REFER TO Section 00310 BID FORM, paragraph 2.01. 8, LIST PERMITS REQUIRED. See above, #3. 9. WHAT'S THE STATUS OF STAFF REVIEW? See above, #4. 10. WHAT VALUE ENGINEERING WILL BE DONE? The project has been designed and will proceed with the current project elements. 11. EXPLAIN HOW THE UNIT PRICE CONTRACT WILL BE IMPLEMENTED? Please review Section 01025, Measurement and Payment, especially Article 1.2, paragraph A. 12, CAN THERE BE ANY SUBSTITUTION FOR PRODUCTS SPECIFIED? See Section 00800, Supplementary Conditions to the General Conditions, Article SC -6.05, paragraph A. 13, WILL THERE BE AN IRRIGATION SYSTEM? IF NOT HOW LONG WILL THE CONTRACTOR BE REQUIRED TO WATER PLANTINGS? HOW DOES THIS RELATE TO THE WARRANTY AND WILL THE CONTRACTOR BE REQUIRED TO WATER PLANTINGS FOR A YEAR? There is no irrigation system for this project. A (5) month watering schedule by landscape contractor would provide for a (5) month warranty period. The County will pick up on additional maintenance after this initial (5) month period. The warranty period will need to be negotiated with the chosen landscape contractor, since there will be no irrigation system installed. See attached watering schedule. F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Adde Page 310 #2; #3, #4, & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Rev. 3-12-08 14. THE NOTES ON U=1 CONCERNING A WELL AND IRRIGATION ARE NOT OF SUFFICIENT DETAIL FOR THE CONTRACTOR TO DETERMINE WORK REQUIRED. The existing well and irrigation system near the proposed lift station, as with other existing improvements, must be modified as necessary to accommodate the lift station and provide irrigation coverage equivalent to the existing system. 15. THE ELECTRICAL SERVICE AND UTILITY INFORMATION IS NOT OF SUFFICIENT DETAIL TO DETERMINE WORK REQUIRED, FOR NUMBER OF PHASES, SERVICE TO THE LIFT STATION, UTILITY RELOCATIONS, TELEPHONE LINES, AND COORDINATION WITH FPL. FP&L service extensions are shown on sheet. U-1. Underground utilities are indicated to the extent known. Be advised "Sunshine State One Call" no longer responds to requests for locates from surveyors or engineers. CONTRACTOR will have to locate and adjust the existing utilities in accordance with the notes on sheet U-2. FP&L was forwarded with service request information indicating revised design components. 16, Mr. Davis, Director of Public Works, advised revisions to the lift station will be submitted to the bidders. The revisions essentially include a station with addition capacity. WILL THERE BE AN ADDITIONAL 10 DAYS FOR BIDDER REVIEW OF THE REVISED LIFT STATION BEFORE THE BID OPENING DATE? If necessary the bid date will be extended. As above the bid date has been extended. 17, through 21. ADDITIONAL QUESTIONS CONCERNING INSUFFICIENT INFORMATTION RELATIVE TO THE METER SOUTH OF THE WET WELL, NOTES ON U-1 FOR CLARITY, WELL PERMIT, NO DETAIL DRAWINGS FOR THAT WORK, NO POINT OF POWER CONNECTION FOR LIFT STATION, HOW WILL POWER TO LIFT STATION BE PROVICED, AND NO RISER DETAIL. Regarding the power connection to the lift station and how power will be provided, the Contractor shall hire a licensed electrical contractor to design and connect the power service for the lift station. See attached Sheets U-1 REVISED, and additional DRAWING Sheet U -8A REVISED for details. These DRAWINGS SHALL BECOME A PART OF THE CONTRACT DOCUMENTS TOGETHER WITH DRAWINGS U-7 REVISED, U..8 REVISED, AND OTHER DRAWINGS HEREIN. 22. NOTE: Mr. Davis advised the Wabasso Beach Park site is very busy with private businesses at the entrance along the north, and Disney activity to the south. It will be necessary to close the Park from time to time and divert patrons to the Golden Sands Park. Consequently safety and protection of the public is very important and will require the CONTRACTOR'S attention. Item 3 - Response to questions received after the February 28, 2008 Prebid Conference: 1. SECTION 2.02 OF THE SPECIFICATIONS CALL FOR ALUMINUM WIRE, WILL ALUMINUM WIRE BE ALLOWED ON A BEACH FRONT PROJECT? Delete the reference to the use of aluminum wire and use copper wire only. 2. SECTION 2.09 METERING SPECIFICATIONS, SPECIFICATION SHOULD BE ALUMINUM METER SOCKET. NEC REQUIRES "ALL MATERIALS TO BE SUITABLE FOR THE LOCATION"? There is not a copper meter can. Project will require a standard aluminum meter can that can be used in a location near the beach. 3. PLEASE PROVIDE SPECIFICATIONS FOR TIMECLOCKS The time clock will be equal to an Intermafic T101P. 4, THERE IS NO CIRCUIT SHOWN FOR EXHAUST FANS. The exhaust fans shall be tied into the lighting circuit in the appropriate bathroom. 5. SHEET E1.01, IS SCALE 1" = 20'? F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Adde dum Page 41011 #3, #4, & #5WDDENDUM #2 AND ATTACHMENTS\Addendum Rev 3-12-08 The scale is incorrect on sheets E101. Correct scale is 1" = 20'. 6, CONCRETE POLES, FiXTURE SCHEDULE CALLS FOR 12' AFG, WHAT IS THE TOTAL - REQUIRED LENGTH OF THE POLE? WHAT ARE THE WIND LOAD REQUIREMENTS AND ARE LOAD CALCULATIONS AND ENGINEERING REQUIRED? The site poles must be buried per the wind load calculations that must be provided by the pole manufacturer. The wind load shall be at least 140 MPH. See Structural Drawings for exact wind load requirements. 7 WHO PROVIDES HAND DRYERS? Hand Dryers will be furnished and installed by the CONTRACTOR. 8, UPON EXAMINATION OF THE ELECTRICAL PLANS IT WAS FOUND THE ONE -LINE RISER DIAGRAM SHOWS A 100 AMPERE MAIN CIRCUIT BREAKER, THE WIRE SIZE ALSO FIGURES TO BE 100 AMPERE. PANEL LP -1 SHOWS A MAIN CIRCUIT BREAKER SIZE OF 200 AMPERE, IT APPEARS FROM THE CALCULATED LOAD OF 62 AMPERES, THAT 100 AMPERES IS CORRECT. PLEASE CONFIRE THE CORRECT AMPERAGE. The panel size will be 100 -amp main breaker. 9. IS IT THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE CONDUIT FOR THE TELEPHONE SERVICE TO THE LIFEGUARD STATION? IF SO, DOES THAT ORIGINATE FROM THE NORTHWEST CORNER OF THE PROPERTY? Telephone service shalt be provided via a 1 " conduit at 1 ft below grade from the nearest telephone pale with telephone service to lifeguard stand or alternately the Contractor may attempt to locate and splice into the existing conduit, as approved by the Engineer. See sheet U-1 REVISED for the location of known existing telephone service. ADDITIONALLY: The phone line is a direct burial line. AT&T will need to pull their line to the existing lifeguard stand to a new demarcation point (maybe the side of the new restrooms). From there the contractor will be responsible for the new line to the new lifeguard stand location. 10. WILL FP&L PULL SERVICE WIRE THROUGH CONDUIT INSTALLED BY CONTRACTOR OR WILL CONTRACTOR BE REQUIRED TO PROVIDE BOTH? FPL will provide and install a hand hole at the base of the concrete pole and install wire and conduit up the pole to the transformer. The CONTRACTOR is responsible for running conduit and wiring from the hand hole to the electrical meter can as shown on the electrical site plan drawing. 11. C-2, PLEASE PROVIDE A DETAIL FOR THE NEW 18' GATE AT THE NEW 6' FENCE LINE. Please see Technical Specification SECTION 020821 for gate and fence detail. 12. C-2, PLEASE PROVIDE THE QUANTITY AND A DETAIL FOR THE 12" DIAMETER BOLLARD. ALSO VERIFY THAT 12" ROUND IS CORRECT. Contractor shall install (per manufactures specifications) seven (7) 42"- 5 % diameter Pour In Place Bollards as supplied by Stor-Quip Systems, Inc or as approved by engineer. 13. C-2, PLEASE PROVIDE ELEVATIONS AND DETAIL FOR THE CONCRETE SIDEWALK/PLAZA WHERE IT ABUTS THE ASPHALT PARKING AND HANDICAP SPACES. The concrete sidewalk/plaza will be flush against the asphalt parking surface. Grading east of the asphalt shall slope evenly to meet grades noted at the base of the stairs to the boardwalk and restrooms. 14. C-2, PLEASE PROVIDE SPECIFICATIONS AND QUANTITIES FOR ALL SITE FURNISHINGS Curb stops - 39 • Signs One -Way -1, Do Not Enter -4, STOP - 2. and Handicap - 4 • Bollards - 7 F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008Wdde Page 510#21 #3, #4, & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Rev. 3-12-08 Length of proposed fence - 70 feet including an 18' gate 15. C-3, PLEASE PROVIDE QUANTITY AND SPECIE FOR THE DUNE VEGETATION. Sea Oaks @ 75! coverage - ^-3,200 Plants Railroad Vine @ 15% coverage - 650 Plants Sea Oxidaisy @ 10% coverage - 450 Plants 16, C-4, THE QUANTITIES GIVEN FOR NEW ASPHALT ARE INCONSISTENT WITH THE BID FORM, PLEASE VERIFY CORRECT QUANTITIES AND REVISE THE BID FORM ACCORDINGLY. Bid sheet has not been revised since bid quantity is equivalent to the total surface area of the proposed parking lot. The CONTRACTOR will install 2.5 inch layer of asphalt over -5,660 sgft (628 syd) of new pavement and a 1 inch layer of asphalt over ~15,850 sqft (1,761 syd) of old pavement which is not proposed to be removed. Therefore, a total of 2390 syd of asphalt will be installed. Within bid item 2.02 the CONTRACTOR will be responsible for all materials, equipment, and labor for the proper installation of the sub -grade stabilization, base, asphalt, and required testing. Approximate cut and rill quantities are shown on page C4. 17, C-7, PLEASE VERIFY THAT THE BOARDWALK COVERED ROOFS ARE TO RECEIVE SHINGLES IN LIEU OF METAL ROOFING TO MATCH THE RESTROOM AND PAVILIONS. CONTRACTOR shall provide metal roofing identical in type and installed as identified on the architectural and structural drawings in lieu of the shingle roofing shown on C-7. 18, U-1, THERE ARE TWO WATER METERS THAT ARE NOTED TO BE RELOCATED. IS THIS CORRECT, THAT THE METER OWNER (UTILITY) WILL DO THE RELOCATION? The relocation of the two water meters is included in the scope of work for this CONTRACT, see sheets U-1 REVISED and U-8AREVISED. 19. U-1, IF THE EXISTING WELLS AND IRRIGATION SYSTEM ARE TO BE ABANDONED BY THE CONTRACTOR PLEASE PROVIDE A DETAIL OF THE WORK INVOLVED. See notes provided on U4A REVISED for details. 20. U-1, WILL THE CONTRACTOR BE REQUIRED TO INSTALL THE NEW WELL AND IRRIGATION WORK? IF SO PROVIDE A DETAIL. See notes provided on !/-8A REVISED for details., 21. U-1, WILL THE CONTRACTOR BE REQUIRED TO RELOCATE THE EXISTING TELEPHONE SERVICE? IF SO PROVIDE A DETAIL Contractor will be responsible to relocate all indicated utilities. See plan details, sheet U-1 REVISED and U4A REVISED. See Existing Utility notes on sheet U-2. 22, U-1, REGUARDING THE FP&L 3 PHASE POWER EXTENSION, HAS FPL COMPLETED THIS WORK? No 23. U-1, REGUARDING THE FPL 230 VOLT 3 PHASE BURIED SERVICE TO POLE, HAS FPL COMPLETED THIS WORK? The buried electric service is by CONTRACTOR. See site plan details sheet U-1REViSED and notes on U-7 REVISED. . 24. U-7, PLEASE PROVIDE ELECTRICAL SERVICE REQUIREMENTS FOR THE LIFT STATION THAT IS COMPATIBLE WITH SERVICE FOR ALL OTHER BUILDINGS AND SITE LIGHTING. N/A,. lift station requires separate electric service and meter can. F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bld Documents as of 2-6-2008\Addendum #1 #2, #3, #4, & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Page 6 of 11 Rev. 3-12-08 25. U-7, LIFT STATION NOTE STATES, "SEE ELECTRICAL DRAWINGS FOR SERVICE REQUIREMENTS," PLEASE PROVIDE THIS INFORMATION. See notes on sheet U4 REVISED and U-8 REVISED. 26, LA -1, IN THE TOP RIGHT CORNER, THE NOTE READS, "PROPOSED DUNE VEGETATION", HAS THIS WORK BEEN COMPLED OR IS THE CONTRACTOR REQUIRED TO DO THIS WORK? IF INCLUDED IN THE CONTRACT PLEASE PROVIDE SPECIE AND QUANTITY, See Item 3 #15 above. 27. LA -1, PLEASE PROVIDE QUANTITY AND SPECIE OF SOD. Muhly Grass will be used in lieu of sod. The new quantity of Muhly Grass will be 278, as noted on the plant list, plus an additional 970 for coverage of the previously called out sod areas. 28. LA -1, THE ENTRANCE GATE IS NOTED AS NEW, SHEET C-2 NOTES THE GATE AS EXITING, PLEASE CLARIFY AND PROVIDE DETAIL IF A NEW GATE IS REQUIRED. The existing entrance gate shall be removed and replaced as necessary for construction. 29. LA -1, THE PROPOSED FENCE SHOWN AT THE NORTH PROPERTY LINE INDICATES A GATE, IS THIS GATE A C.L. FENCE GATE OR STEEL? PLEASE CLARIFY AND PROVIDE A DETAIL. Please see Technical Specification SECTION 020821 for gate and fence detail. 30. LA -1, PLEASE REVIEW THE LANSCAPE WARRANTY PERIOD AS IT WILL BE VERY COSTLY TO HAND WATER THE LANDSCAPING FOR ONE (1) YEAR. There is no irrigation system for this project. A (5) month watering schedule by landscape contractor would provide for a (5) month warranty period. The County will pick upon additional maintenance after this initial (5) month period. The warranty period will need to be negotiated with the chosen landscape contractor, since there will be no irrigation system installed. See attached watering schedule. 31. AS0.10, AT THE ENTRANCE GATE, THE DRAWINGS SHOW PAVEMENT MARKINGS FOR A CROSSWALK, INCLUDING A SIDEWALK TIE IN TO THE EXISTING SIDEWALK, SHEET C2 IS ABSENT THIS WORK, PLEASE CLARIFY. Construction for these items shall be completed per sheet C2, which includes the sidewalk tie in to the existing sidewalk on the north side of Wabasso Beach Road, a sidewalk tie into the proposed sidewalk south of Wabasso Beach Road, however no pavement markings are to be constructed. 32. A3.10, THE ELEVATION OF THE RESTROOM SHOWS A DECORATIVE LIGHTINING ROD, THERE IS NO SPECIFIC INFORMATION FOR LIGHTNING PROTECTION OR SHOOWN ON THE ELECTRICAL DRAWINGS, PLEASE CLARIFY. Lightning rod is non-functional, decorative only. No need to be shown on the Electrical drawings. 33. A6.101 DOOR SCHEDULE, WILL THE OWNER ACCEPT REINFORCED FIBERGLASS DOORS & FRAMES AS A SUBSTITUTION/EQUAL? THIS PRODUCT CARRIES A FIVE YEAR WARRANTY AND IS BETTER SUITABLE FOR THIS APPLICATION THAN STAINLESS STEEL. Fiberglass door and frames are acceptable as a substitution. Contractor must bid the Stainless Steel door and frames per the specifications and qualify the cost of the fiberglass doors as an alternate. 34. E1.00, FIXTURE SCHEDULE, PLEASE VERIFY THAT THE FIXTURES SPECIFIED ARE IN COMPLIANCE WITH THE DEP SPECIAL CONDITIONS FOR THESE FIXTURES. Fixtures specified have been designed to be in according with FDEP. Prior to construction, all exterior light fixtures will be approved by FDEP. 35, E2.00, PANEL SCHEDULE, PLEASE CONFIRM THAT CIRCUITRY IS PROVIDED FOR THE RESTROOM EXHAUST FANS. I J F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Addendum #1 #2, #3, #4, & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Page 7 of 11 Rev. 3-12-08 The exhaust fans shall be tied into the lighting circuit in the appropriate bathroom. 36. P1.10, THE OUTDOOR SHOWER DETAIL STATES, TIE DRAIN INTO NEAREST STORM DRAINAGE, REFER TO CIVIL DRAWINGS, THE CIVIL DRAWINGS ARE ABSENT IN THIS REGARD, PLEASE PROVIDE A DETAIL DRAWING, QUANTITY AND ETC. There are no proposed storm drains in the vicinity of the shower, therefore, the Contractor shall be grade shower area such that the shower will drain into a slightly depressed area below the boardwalk. 37. E1.01 and E1.02, THE SITE PLAN SHOWS THE SCALE AT %" PER FOOT, IS THIS.CORRECT? The scale is incorrect on sheets E1.01 and E1.02. Correct scale is 1" = 201 . 38, SPECIFICATIONS BOOK REFERS TO SHEET E3.10 FOR ELECTRICAL SPECIFICATIONS, PLEASE VERIFY THIS SHEET EXISTS, In the contract documents, in Section 00010, TABLE OF CONTENTS, sheet 000104, in DIVISION 16 - ELECTRICAL, revise the notation "See Drawing Sheet E3.10" to read: "See Drawing Sheet E3.00". Revised TABLE OF CONTENTS sheet 00010411 is attached. 39. FINISH SCHEDULE ON A-6.10 SHOWS NO FINISHES HOWEVER ON A-4.20 PAVILLION WALL SECTIONS SHOWS THAT THE PAVILLION HAS AREAS TO BE PAINTED. Section 09911-EXTERIOR/INTERIOR PAINTING, 3.5, EXTERIOR PAINTING SCHEDULE. Specification calls out all areas to be painted. L40. C-2 SHOWS THAT BOLLARDS ARE PLACED 6" O.C. IS THIS CORRECT OR IS IT TO BE 6' O.C.? Bollards are to be installed at 6 feet on center. 41. C-7 SECTION B -B SHOWS 2X12 BEAM BOLTED TO 6X6 PILE: ANCHOR DETAIL -SHOWS 2X10 BEAM — PLEASE CLARIFY BEAM SIZE. The beam should be 2"x12". 42. C-2 SHOWS A TYPE F CONCRETE CURB ON EAST SOIDE BUT SECTION A -A, C-3 HAS THE CURB LISTED AS TYPE D. The curb on the eastern edge of pavement shall be a type F curb. 43. C-6 BOARDWALK & ADA RAMP TYPICAL DETAIL: THE DECKING IS SHOWN AS BEING NAILED AT ONE LOCATION BUT SCREWED IN ANOTHER = PLEASE CLARIFY ATTACHMENT OF DECKING. The decking is to be screwed, please see Technical Specification SECTION 03000 for boardwalk construction methodology. 44. A4.20 PAVILLION WALL SECTION "PAINT EXPOSED CONSTRUCTION" —DOES THIS INCLUDE UNDERSIDE OF PLYWOOD DECK AND EXPOSED TRUSSES? Section 09911—EXTERIOR/INTERIOR PAINTING, 3.5, EXTERIOR PAINTING SCHEDULE. Specification calls out all areas to be painted, which includes underside of plywood sheathing and trusses. 45. SHEET LA -1 SOUTH END OF PROPERTY SHOWS LANDSCAPING ALONG DISNEY RESORT BORDER, HOWEVER SHEET ASO, 10 SHOWS A NEW SIDEWALK BEING INSTALLED; PLEASE CLARIFY WHAT IS GOING AT THIS LOCATION. Revised DRAWING Sheet LA -1 REVISED is attached. 46. PLEASE GIVE LOCATION OF FLAGPOLE. Flagpole shall be located in the center of the circular bench area. Delete CE Green Buttonwood tree, ground cover to remain. F:\Public Works\Cliff Suthard\Wabasso Beach Park1A Construction Bid Documents\Bid Documents as of 2-6-2008\Adde dum Page 810#11 21 #31 #41 & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Rev. 3-12-08 47. SHEET ASO. 10 SHOWS DIRECTIOHNAL ARROWS AND A CROSSWALK IN THE PARKING LOT; THEY ARE NOT SHOWN ON SHEET C-2; ARE THEY FOR REFERENCE OR PART OF THE PARKING LOT SRIPPING? Directional arrows and crosswalk striping are not to be construction. All proposed parking lot striping is shown on Sheet C-2. Item 4 — REVISION TO SECTION 00310 — BID FORM: In SECTION 00310 — Bid Form, page 00310-1, Article 2.01, REVISE the second sentence to read as follows: "The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period..........." Item 5 — THE FOLLOWING DRAWINGS ARE ATTACHED AND REPLACE THE CORRESPONDING DRAWING AS MAY BE NOTED: REVISED DRAWING REPLACED LA -1 REVISED LA -1 U - 1 REVISED U - 1 U - 2 REVISED U-2 U - 4 REVISED U-4 U - 6 REVISED U-6 U - 7REVISED U-7 U - 8REVISED U-8 U - 8A REVISED N/A C1 REVISED C1 C2 REVISED C2 C3 REVISED C3 C4 REVISED C4 C5 REVISED C5 C6 REVISED C6 C7 REVISED C7 C8 REVISED C8 DRAWING Item 6 — IN THE CONTRACT DOCUMENTS, DIVISION 1, SECTION 01009 SPECIAL PROVISIONS, PAGE 01009-3, ADD THE FOLLOWING ARTICLE 1.3, ENVIRONMENT PROTECTION: 1.3 Environmental Protection A S Th• tion covers revenfion of environmental pollution and damage as the result of cope, is sec p construction operations under this contract and for those measures set forth in other provisions of these Technical Provisions. For the purpose of this specification, environmental pollution and damage are defined as the presence of chemical, physical or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic, cultural and/or historical purposes. The control of environmental pollution and damage requires consideration of air, water and land and includes management of visual esthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants. B - Quality Control: The CONTRACTOR shall establish and maintain quality control for environmental protection of all items set forth herein. The CONTRACTOR shall record any problems in complying with laws, regulations and ordinances, and corrective action taken. C - Notification: The OWNER will notify the CONTRACTOR in writing of any noncompliance with Federal, State or Local laws or regulations, permits and other elements - as may be observed by the OWNER. The CONTRACTOR shall, after receipt of such notice, inform the OWNER of proposed corrective action and take F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-20081Hddendum #1 #2, #3, #41 & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Page 9 of 11 Rev. 3-12-08 such action as may be approved. If the CONTRACTOR fails to comply promptly, the OWNER may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or costs or damages allowed to the CONTRACTOR for any such suspension. D - Protection of Environmental Resources: The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. The CONTRACTOR shall confine its activities to areas defined by the plans and specifications. Environmental protection shall be as stated in the following paragraphs. E - Protection of Land Resources: Prior to beginning of any construction, the CONTRACTOR shall identify all land resources to be preserved within the CONTRACTOR's work area. The CONTRACTOR shall not remove, cut, deface, injure or destroy land resources including trees, shrubs, vines, grasses, top soil and land forms without special permission from the OWNER. Where such special emergency use is permitted, the CONTRACTOR shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs. F - Work Area Limits: Prior to any construction, the CONTRACTOR shall mark the areas that are not required to accomplish all work to be performed under this contract. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. Monuments and markers shall be protected before construction operations commence. The CONTRACTOR shall convey to its personnel the purpose of marking and/or protection of all necessary objects. G - Location of Storage and Other CONTRACTOR Facilities: Location of the CONTRACTOR's -field offices, staging areas, stockpile storage and temporary buildings shall be subject to the approval of the OWNER at the Pre -Construction Meeting. H - Disposal of Solid Wastes: Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination. i - Disposal of Chemical Waste: Chemical waste shall be stored in corrosion resistant containers, removed from the work area and disposed of in accordance with Federal, State and Local regulations. J - Disposal of Discarded Materials: Discarded materials other than those which can be included in the solid waste category shall be handled as directed by OWNER K - Protection of Water Resources: The CONTRACTOR shall keep construction activities under surveillance, management and control to avoid pollution of surface and ground waters. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities included in this contract. L - Oil Spill Prevention: The CONTRACTOR must: ❑ Prevent oil or other hazardous substances from entering the ground, drainage or local bodies of water. ❑ Provide containment, diversionary structures or equipment to prevent discharge oil from reaching a watercourse. ❑ Take immediate action to contain and clean up any spill of oily substances, petroleum products and hazardous substances. ❑ Immediately report such spills to the OWNER. Absorbent materials capable of absorbing the contents of the largest single tank shall be kept on site. Fuel and oil storage tank Installation must be constructed so that a secondary means of containment Is provided for the entire contents of the largest single tank Dikes and other means of containment is provided for the entire contents of the largest single tank. Dikes and other structures shall be impervious to spilled oil to prevent infiltration Into the ground. Mobile or portable fuel storage tanks shall be positioned or located so as to provide a secondary containment Identical to that required for non-mobile storage tanks. F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Addendum #1 #2, #3, #4, & WADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Page 10 of 11 Rev. 3-12-08 Storage tanks shall be located where they will not be subjected to flooding or washout. Fueling activities shall be limited to upland areas - no fueling or transfer of petroleum products shall take place on the beach M as Protection of Fish and Wildlife Resources: The CONTRACTOR shall keep construction activities under surveillance, management and control to minimize interference with, disturbance to and damage of fish and wildlife. N - Protection of Air Resources: The CONTRACTOR shall keep construction activities under surveillance, management and control to minimize pollution of air resources. All activities, equipment, processes and work operated or performed by the CONTRACTOR in accomplishing the specified construction shall be in strict accordance with the applicable air pollution standards of the State of Florida (Florida Statute, Chapter 403 and others) and all Federal emission and performance laws and standards. O - Protection of Sound Intrusions: The CONTRACTOR shall keep construction activities under surveillance and control to minimize damage to the environment by noise. P as Maintenance of Pollution Control Facilities: The CONTRACTOR shall maintain all constructed facilities and portable pollution control devices for the duration of the contract or for that length of time construction activities create the particular pollutant. Q as Training of CONTRACTOR Personnel in Pollution Control: The CONTRACTOR shall train its personnel in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual and installation and care of facilities to insure adequate and continuous environmental pollution control. Quality control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment and shall be thoroughly knowledgeable of Federal, State and local laws, regulations and permits. R - Payment: The cost of the work covered under this section (Environmental Protection) and all costs in connection therewith shall be included in the contract lump sum price for Bid Item 1.01 and 1.05 — Mobilization and Demobilization. Reference: Item 2413 as Irrigation Watering Schedule: F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Addendum #1 #21 #3, #4, & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Page 11 of 11 Rev. 3-12-08 L WATERING SCHEDULE APPLICATION SCHEDULE PALM TREES 20 GAL/APPLICATION/PLANT LARGE TREES 30 GAL/APPLICATION/PLANT SMALL TREES 20 GAL/APPLICATION/PLANT LARGE SHRUBS 10 GAL/APPLICATION/PLANT SMALL SHRUBS 5 GAL/APPLICATION/PLANT GROUNDCOVER 5 GAL/APPLICATION/PLANT APPLICATION AMOUNT MONTH 1 12 APPLICATIONS MONTH 2 12 APPLICATIONS MONTH 3 8 APPLICATIONS MONTH 4 8 APPLICATIONS MONTH 5 5 APPLICATIONS TOTAL: 45 APPLICATIONS F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 2-6-2008\Addendum #1 #2, #3, #4, & #5\ADDENDUM #2 AND ATTACHMENTS\Addendum #2.doc Page 12 of 11 Rev. 3-12-08 J _ .A. lam. ENGINEERING AND 'I'ESTING , INC. 590 N.W. MERCANTILE PLACE PORT ST. LUCIE, FLORIDA 34986 (772) 924-3575 OFFICE - (772) 924-3580 FAX October 11, 2007 Indian River County Department of Public Works Attention: Clifford Suthard, P.E. 4375 43rd Avenue, Unit 102 Vero Beach, Florida 32967 Re: Geotechnical Exploration for Proposed Restrooms and Boardwalk Wabasso Beach Park 1808 Wabasso. Beach Road, Vero Beach, Indian River County, Florida Project No. PSL1935B-1 Ladies and Gentlemen: A. M. Engineering and Testing, Inc. is pleased to submit this geotechnical exploration report for the referenced project. This letter presents our understanding of the project, a description of the explorations, a summary of the site and subsurface conditions, and our conclusions and recommendations for the foundations of the proposed construction. PROJECT DESCRIPTION The project site is located within the Wabasso Beach Park located east of the intersection of. Wabasso Beach Road and Highway AIA in Vero Beach, Indian River County, Florida. Based on conversations with Coastal Tech and a preliminary. site plan (dated August 21, 2007), the proposed construction consists of two restroom structures and a wood frame elevated boardwalk structure. The restrooms will consist of CBS buildings with individual footprints of 300 square feet. The restrooms are east of the Coastal Construction Control Line (CCCL) and will be pile supported structures. Based on sheet A4.10 prepared by Donadio & Associates, Architects P.A. (dated September 13, 2007 for DEP Permit), the restrooms will be supported on 16 inch diameter augercast piles with a pile top elevation (bottom of lowest structural member) of +16 feet NGVD, minimum pile tip .elevation of -19 feet NGVD, and a design scour elevation of +3 feet NGVD. The Testrooms will have a finished floor elevation of +18 feet NGVD. The boardwalk will provide access from the parking area to the beach. The boardwalk will be 8 feet wide and on the order of 250 feet long with a connecting 35 foot long breezeway and access ramps and walkways. The boardwalk will be supported on 6 inch square timber piles. Entrance ramps to the boardwalk will be supported on shallow footings. A. M. ENGINEERING AND TESTING, INC. Geotechnical Exploration for Proposed Restrooms and Boardwalk Wabasso Beach Park, Indian River County, Florida Project No, PSL1935B4 We have not received any information regarding loading for the structures. We assume that the maximum column and wall loads will be 20 kips and 3 kips per linear foot, respectively. If the actual loads are substantially larger than those estimated or the elevations are different, A. M. Engineering should be advised promptly so that we can review our recommendations and revise them if necessary. FIELD EXPLORATIONS The subsurface conditions at the project site were explored on September 27 and October 1, 2007, with five (5) Standard Penetration Test (SPT) borings. The SPT borings were performed in general compliance with ASTM D 1586, "Penetration Test and Split -Barrel Sampling of Soils". The approximate locations of the explorations are noted on the Boring Location Plan. Boring logs presenting the visual classification of the soil samples obtained from the borings are attached at the end of this report. The depths indicated on the boring logs are below the ground surface at the time the borings were completed. FINDINGS The terrain at the project site appeared to generally match the topographic map provided to us. Vegetation at the site included sea oats. A three-story Disney resort structure was located to the south. The Atlantic Ocean was to the east. Based on the site plan elevations, we estimate that the locations of the restrooms and boardwalk had ground surface elevations of +15 to +16 feet NGVD. The subsurface soils encountered in the borings generally consisted of sand with negligible silt and varying amounts of shell fragments to the maximum boring depth of 40 feet. The SPT N- values (blow counts) indicated that the sands were generally loose to firm to depths of approximately 14 feet and then dense to very dense to the boring termination depths of 16, 30, and 40 feet. The ground water table was not able to be readily determined in the borings. However, ground water was encountered at 15 feet below the existing grade in the boring SPT -5. We anticipate that the water table will normally be at elevation +2 feet, and that it will fluctuate with the tides and ocean conditions. 2 A. M. ENGINEERING AND TESTING, INC. Geotechnical Exploration for Proposed Restrooms and Boardwalk Wabasso Beach Park, Indian River County, Florida Project No. PSL1935B-1 FOUNDATION RECOMMENDATIONS — RESTROOM STRUCTURES Based on sheet A4.10 prepared by Donadio & Associates, Architects P.A. (dated September 13, 2007 for DEP Permit), the restrooms will be supported on 16 inch diameter augercast piles.with a pile top elevation (bottom of lowest structural member) of +16 feet NGVD, minimum pile tip elevation of -19 feet NGVD, and a design scour elevation of +3 feet NGVD. The restrooms will have a finished floor elevation of +18 feet NGVD. Since the 100 -year storm erosion elevation is at +3A NGVD, a loss of soil support in the upper 13 feet was included in compressive, tensile, and lateral pile capacity analyses. Sixteen inch diameter augercast piles installed with. a minimum tip elevation of -19 feet NGVD may be designed for a maximum 25 ton allowable compressive capacity and 15 ton uplift capacity. Lateral loads can be transmitted to the vertical piles up to the values shown on Table 1. We assume that the piles will have a minimum of one percent steel reinforcement for the calculations. The lateral capacity, pile top deflection, maximum moment, and point of fixity were calculated using the commercially available L -pile 4.0 software assuming a free -head condition. Additional lateral capacity may be attained by utilizing inclined piles. Table 1: Lateral Capacities for 164nch Diameter Augercast Piles Pile Pile Top Design Lateral Estimated Maximum Elevation Elevation Diameter Elevation Minimum. Load Deflection Moment of Max of Point Pile Tip At Top of Moment of Fixity Elevation Pile (inches) (NGVD) (tons) (inches) (in -kips) (NGVD) (NGVD) (NGVD) 16 +15 -19 0.8 '/z 275 +0 -13 The pile tips should be socketed at least two feet into dense soil. The piles should be installed with minimum center -to -center spacings of at least 3 times the pile diameter, D. For structures east of the CCCL, pile center -to -center spacings of 8D might be required. Augercast piles should be reinforced over their entire length for tension capacity. The reinforcement shall be as designed by the Structural Engineer. Centralizers should be installed at the toe of the pile, and at a minimum vertical spacing of 15 feet along the cage. We recommend a minimum grout strength of 5,000 psi at 28 days. The type of specimens (24nch cubes or 3 x 6 cylinders) used for compressive strength testing shall.be the type used for mix design. The frequency of molding specimens shall be at least one (1) set of six (6) compressive strength specimens per day, but not less than one (1) set for every 50 cubic yards placed in a day. The grout may be held in the mixer -for a period not to exceed 120 minutes unless approved by the Geotechnical Engineer's representative in the field. 3 1 A. M. ENGINEERING AND TESTING, INC Geotechnical Exploration for Proposed Restrooms and Boardwalk Wabasso Beach Park, Indian River County, Florida Project No. PSL1935B-1 We recommend that the project specifications for the piles follow the relevant sections of "The Augered Caston -Place Pile Model Specification" published by the Deep Foundations Institute. A summary of important installation criteria is presented in Attachment B. An experienced inspector should monitor the installation of the piles so that these criteria are followed. Site Preparation Recommendations - Pile Supported Structure The building pads should be compacted in accordance with the general site preparation procedures in Attachment A, except that only the upper foot of soil needs to be compacted to at least 95 percent of the modified Proctor maximum dry density (ASTM D1557). The fill for the foundation pads should comply with the indications in Section IV of Attachment A. FOUNDATION RECOMMENDATIONS (BOARDWALK) The boardwalk will be supported on 6 inch square timber piles. Entrance ramps to the boardwalk will be supported on shallow footings. Recommendations for soil parameters for timber pile design are presented in Table 1. Final pile design will be by a Specialty Engineer. To achieve a required embedment depth, jetting or predrilling may be required due to dense sand. The pile must be driven to the required capacity after predrilling or jetting to the required depth. TABLE 1: TIMBER PILE DESIGN PARAMETERS Depth (feet)* 0-2 Soil Unit Weight (pct) 110 Soil Unit Weight (submerged) (pef) 57.6 Soil Friction Angle 30 Active Earth Pressure (Ka) 0.333 Passive Earth Pressure (I 3.00 Modulus of Lateral Subgrade Reaction k ci Above the Water Table 90 Below the Water Table 60 2-12 105 42.6 29 0.347 2.88 25 20 12 —13'/Z 110 47.6 31 0.320 3.12 90 60 13%2 —15 115 52.6 34 0.283 .3.54 90 60 18%2 — 20 125 62.6 40 0.217 4.60 225 125 23V2 — 25 125 62.6 41 0.208 4.81 225 125 28%2 — 30 125 62.6 39 0.228 4.40 225 125 33!/2 — 35 120 57.6 37 0.249 4.02 225 125 38V2-40 110 47.6 31 0.320 F73.12 90 60 *Below top of boring elevation, approximately +16 ftet NGvI). C! A. M. ENGINEERING AND TESTING, INC. Geotechnical Exploration for Proposed Restrooms and Boardwalk Wabasso Beach Park, Indian River County, Florida Project No. PSL1935B-1 Entrance Ramp Pad and Footing After the project site has been prepared as outlined below, the entrance ramp can be supported on shallow spread footings. The footings can be proportioned using a maximum net soil bearing pressure of 2,500 pounds per square foot (psf). Although computed footing dimensions may be less, we recommend minimum widths of 18 inches for strip footings and 24 inches for square footings. The bottom of the footings should bear at least 18 inches below the adjacent exterior grade. Site Preparation Recommendations — Entrance Pad and Footing The entrance ramp bottom of footings and pads should be compacted in accordance with the general site preparation procedures in Attachment A. except that only the upper foot of soil needs to be compacted to at least 95 percent of the modified Proctor maximum dry density (ASTM D1557). The fill for the foundation pads _should comply with the indications in Section IV of Attachment A. CLOSURE This report is for the exclusive use of -Indian River County Department of Public Works and the designers of the previously described project, and may only be applied to this specific project. The right to rely on this report may not be assigned without written permission of A. M. Engineering and Testing, Inc. This report has been prepared in accordance with generally accepted geotechnical engineering practices in the State of Florida. No other warranty, expressed or implied, is made. We do not guarantee performance in any respect, only that our work meets normal standards of professional care. Our recommendations are based on the project information furnished to us, the results of our field explorations and our past experience. They do not reflect variations in subsurface conditions that may exist between our borings and in unexplored areas of the site. The nature and extent of such variations may not become evident until further explorations are made or construction is underway. Should such variations be observed, we recommend that A. M. Engineering and Testing, Inc. be requested to observe the actual site conditions and re-evaluate our recommendations, if necessary. 5 A. M. ENGINEERING AND TESTING, INC. Geotechnical Exploration for Proposed Restrooms and Boardwalk Wabasso Beach Park, Indian River County, Florida Project No. PSL1935B-1 A. M. Engineering and Testing, Inc. has appreciated the opportunity to assist you with this phase of your project. If you have any questions regarding this report or need any further information, please call us. Respectfully submitted, A. M. ENGINEERING AND TESTING, INC. f � 'Donald.W. Moler, P. -E. [ Senior Geotechnical Engineer Florida Registration No. 60675 DM/RGA/rsl Attachments: Attachment A Attachment B Key to Soil Classification Boring Location Plan SPT Boring Logs (5) Copies: Client (2) Alker Project Manager F. LAW Dataltndian River County Deportment of Pnbltc Works P 141abasso !teach Park Reslorations- M19350m ingsll - Repori.doc 5 A. M. ENGINEERING AND TESTING, INC. ATTACHMENT A I. General Site Preparation The construction area should be stripped of all topsoil, surface vegetation, trees, roots, debris and other deleterious matter within and five feet beyond the perimeter of the proposed building and in all paved areas. Areas to receive fill should be likewise stripped. Any holes or voids from tree roots, abandoned septic tanks, etc, should be filled as indicated in Section IV. We recommend that a representative of A. M. Engineering and Testing, Inc. inspect the stripped site prior to placing fill. (This can be done wlule monitoring the proof -rolling as recommended below.) The cleared areas should then be proofsrolled and compacted with a 10 -ton (minimum) vibratory roller operating at a "slow walk" speed. The vibratory compactor should make at least six overlapping passes over the entire cleared area, three passes in one direction and three more at a right angle to the first three passes. (When proof -rolling areas with adjacent or near -by structures, refer to Section U.) Proof -rolling helps to detect any soft or loose zones and buried debris. If unstable areas are encountered, the project engineer or the geotechnical consultant should be advised, the matter investigated and the problem resolved. Because the initial proof - rolling is very critical, we recommend that a representative of A. M. Engineering and Testing, Inc. monitor the operation. After proof -rolling, the cleared areas should be compacted until the upper two feet of soil achieve a density of at least 95 percent of the modified Proctor maximum dry density (ASTM D 1557). The compaction should be checked with field density tests. II. Where Vibratory Equipment May Affect Adjacent Structures Where the project site is located adjacent to existing structures that may be damaged by the operation of heavy vibratory rollers, the required densification should be achieved with alternative equipment. Loaders, heavy plate compactors, and "jumping jack" type compactors have been used successfully. The densification procedure may need to be modified because of reduced capacity of the acceptable equipment. For example, since small plate compactors are generally effective only to a maximum depth of six to eight inches, thinner lifts will be required. III. Excavation and Baclflling Where excavation and backfilling are required, the soils should be removed to the specified depth. Soils that are suitable for use as fill should be stockpiled separately. The excavated surface should be compacted (as described in Section I) so that the upper two feet of the subgrade soil achieve a density of at least 95 percent of the modified Proctor maximum dry density (ASTM D 1557). The compaction should be checked with field density tests. The site should then be filled to grade in compacted lifts as indicated in Section TV. i L A. M. ENGINEERING AND TESTING, INC. ATTACHMENT A continuer) IV. Fill Placement Fill should be "clean" sand with less than five percent fines (percent of dry weight passing a U.S. No. 200 sieve). Higher fine contents can be used but more construction control is necessary. Backfill behind walls should be very pervious, with no more than three percent fines. Where fill is to be placed on the existing ground, the surface must be prepared as indicated in Section I. The outer edges of the fill should extend sufficiently beyond the building to provide slopes with a minimum horizontal to vertical ratio of 4(H):1(V) from approximately five feet outside the building perimeter to the existing grade. The fill should be placed in 12 -inch thick compacted lifts with each lift compacted to at least 95 percent of the modified Proctor maximum dry density (ASTM D 1557). The compaction should be checked with field density tests. Fill that is placed in confined areas such as utility trenches or holes should be compacted in six to eight inch thick lifts to at least 95 percent of the modified Proctor maximum dry density (ASTM D 1557). V. Footing Excavation After the footings have been excavated, a representative of A. M. Engineering and Testing, Inc. should evaluate the bottom of the footings with respect to the boring data and assess if a suitable bearing layer is present. Our representative should perform density tests to confirm that the density of the upper two feet of soil in the bottom of the footings is at least 95 percent of the modified Proctor maximum dry density (ASTM D 1557). If the soil in the bottom of the footing was loosened during excavation or if the footings were overexcavated and then backfilled to design grade, the footing subgrade should be compacted with a vibratory plate or "jumping jack" type compactor until the required density is attained. VI. Groundwater If a high water table is encountered while the foundations are being constructed and there are difficulties with the site preparation, the project engineer or the geotechnical consultant should be advised so that appropriate construction techniques are used to overcome the problems. VII. Monitoring and Testing We recommend that the site preparation and subsequent earthwork be monitored by an engineering technician from A. M. Engineering and Testing, Inc. The technician will observe the stripping, proof -rolling and compaction of the existing soils; determine the suitability of fill and backfill soils; observe the subgrade in the footings; and evaluate the degree of compaction attained by performing field density tests. ii ATTACHMENT B -IN TALLATI The flighting of the auger used to forni the piles should have a constant diameter that achieves the specified cross-section, and should be continuous from the auger head to tip. The center hole of the auger through which the grout is pumped should have a diameter of at least 3 inches. The auger head used to drive the flighting should have a minimum static weight of 4,000 pounds. It should be powered by a drive unit with at least 150 horsepower and a minimum rated torque of 9,000 foot-polmds. The piling leads should be prevented from rotating by a stabilizing arm attached to the crane or by firm embedment of the pile leads in the surficial soils. A positive displacement pump capable of developing a displacement pressure greater that 350 psi should be used to transport the grout to the augered hole. The pump should be provided with a gauge for monitoring pressure and a digital counter for measuring total grout volume. Each pile should be augered and grouted in an uninterrupted sequej penetration depth is reached, the auger should be withdrawn 0.5 to 1 positive rotation. This position should be maintained until grout flow which time the auger should be lowered into the bottom of the hole. ice. Once foot while the design maintaining has reached the tip at The rate of grout injection and auger withdrawal should be closely coordinated so that apositive gauge pressure is maintained at all times. A minimum head of 5 feet of grout should be provided above the auger tip during grouting. The auger should be raised with minimal rotation and with a continuous, steady rate of pull, which allows the required grout head to be maintained. The volume of grout per linear foot of pile should be at least 10 percent larger than that of the neat excavation. In no case should a pile with a grout volume less than the neat excavation volume be accepted. A sequence of pile installation should be used such that previously constructed, adjacent piles are not disturbed. We recommend that new piles not be installed within 6 diameters of freshly grouted piles until the grout in the existing piles has undergone initial set and has been in place at least 6 hours. A.M. Engineering and Testing, Inc. A. M. ENGINEEMG AND TESTING, INC. KEY TO SO I. TION FICAT Q Category Particle Diameter Content of ORGANIC Components" 0% to 5% Silt and Clay Less than 0.0029 inch (0.074 mm) [not visible to human 5% to 12% eye] Sand Fine — 0.0029 inch to 0.017 inch (0.074 mm to 0.42 mm) Some Medium — 0.017 inch to 0.079 inch (0.42 to 2.0 mm) 30% to 50% Coarse — 0.079 inch to 0.19 inch ( 2.0 to 4.75 mm) Gravel Fine — 0.19 inch to 0.75 inch 31-50 Coarse — 0.75 inch to 3 inches Cobbles 3 to 12 inches Boulders Greater than 12 -in hes * Unified Soil Classification System (ASTM D 2487-93) C Content of Minor SOIL Constituents (Shell, Silt, etc.)* Modifier Content of ORGANIC Components" 0% to 5% Trace 1% to 2% 5% to 12% Little 2% to 4% 12% to 30% Some 4% to 8% 30% to 50% And Greater than 8% * Approximatidns based on visual examination of samples and results of laboratory analyses, if available. SANDS and GRAVEL Blows / foot N Relative Density Cone Resistance (tsi) 0-4 Very loose 0-15 5-10 Loose 20 — 40 11— 20 Firm 40-80 21-30 Medium dense 95-120 31-50 Dense 125-200 Over 50 Very dense Over 200 SILTS and CLAYS Blows J foot N Consistency Cone Resistance (tsf) 0-2 Very soft 0-3 3-4 Soft 4 -6 5-8 Firm 7-12 9— 15 Stiff 13 — 25 16 — 30 Very stiff 25-50 Over 30 Hard Over 50 N do do A. doodoold 10 do...._.31 ..--1_=-•=e'_:-'..._..t ti '-ja.3 ` :-15.7 -15,1 �4_ , :. 2>9 do do; do 73.4 n do -r ` .79.7 '1 \ 73.1 -14 5 11114.9 -1s of SPT-5 4'riS•1.9��'1: •1 -13.33 -�? �� 3.J J:v `1�5uy . .iG•. •1<S, -18 115.tudo L do do 5 do i r.n - „' —1d —74.8 15.2 .}t? I old do do Voodoo SPT4 %W op.(' d-19wi i —13.4 1 r -74.'• ,r ~-14.5`r ,r5 IL do i _7� !f: ,.,tt.• — , /- .D/ �' T' \do -14.9 1�lin9 ..0 1 r 1 ell do, Vold or r o4o 4.1 IF do I ell �n am -14 —14.6 -74.8 4140'.1 3: .••nf....gy _.. W-W Ims old do. vfVVv,. Y^h d0 'Ivy Ia i\'I•? IJV 'L. \ '�'V .5.1 •' 1 d. 1, del itl 4 'do � .d A\ 5 ` + p SPT-1 t`I VIY' LL' Pi V. 1 Q t IL .0 rat dOt • .r%6f .'V '' •'old •t L Nr 3 s �( SPT-2 K �r 13 'A O sa.I SPT-3 od y� 10 ..a• •�a'7�P ,v did t t ��,...., 30-Ye: Rro3ec I ld I _ • DATE: INDIAN RIVER COUNTY DEPARTNT OF PUBLIC WORKS 1 OCTOBER 1, ME2007 PROJECT N0: BORING LOCATION PLAN PSL1935B_l PROPOSED IMPROVEMENTS TO A. M. ENGINEERING AND TESTING, INC. Wabasso Beach Park 590N•W, MERCANCILEPLACE INDIAN RIVER COUNTY, FLORIDA PORT ST, LUCIE, FLORIDA 34986 TEL: (772) 924-3575 FAX: (772) 924-3580 f ;tient: L 'raj ect: ovation: Nater Level: A. M. ENGINEERING AND TESTING, INC. 590 N.W. MERCANTILE PLACE, PORT ST. LUCIE, FLORIDA 34986 Indian River County Department of ruauc worKs 437543 rd Avenue, Unit 102 Vero Beach, Florida 32967 Wabasso Beach Park Restorations Indian River County, Florida +15 feet NGN D Not able to be determined U'Slt TLOCATION:: SPT -1 N27.76322° W80.39702° Bloivs/ N Sample Layer: Description (feet) 6 inches value No. I Fromito 0 5 0 - 2 Light brown fine sand, trace shell fragments 15 m5 Z__.20-_ . ..._ 29 2 - 13'/Z Light yellowish brown fine sand, trace shell fragments 3 ---20 •-- 2 21 41 4 . 28 - ---- 12- i l 3 Same 11 22 ---- 6 ftow14..m- -- - --- 13 13 4 ,,Same _ 7 20 8 -10 ----•- _ 3 9 - 4- -- - - 5 .Same mam4 g- 4 12-- 13 - - •- ------ amaft — 14 -•-13--- --•---- 131/z a, 18Y2 Light yellowish brown fine sand, some shell fragments _ 25 6 — 15 -25- - 50 - 16 17 ---•-- ....__ 18 •--•- --.... 19 - lg_ 18'/z - 23'/2 Light yellowish brown fine sand and shell fragments 27 ...... 7 28 50 - F: IRh1 DataUndian Riti w Coiuiry Department of" u lic 'or - 11'abasso Beach PRes ark torations• PSL19351Boringsll - . Project No.: Lab No.: Page: Date Drilled: Field Party: Drill Rig: PSL1935B 1 I of 2 27 -Sep -07 S.C./I.C./A.R CME -45 Laboratory Tests Passing Moisture Organic No.2UU Cement Content A. M. ENGINEERING AND TESTING, INC. -, 590 N.W. MERCANTILE PLACE, PORT ST, LUCIE, FLORIDA 34986 _ PHONE- (772) 924-3575 - FAX: (772) 924-3580 STANDARD PENETRATION TEST BORING (ASTM D4586 -- Project No.. PSL1935� Client: _Indian River County Department of Public Works J 4375 43rd Avenue, Unit 102 Lab No.: 1 Vero Beach, Florida 32967 Page: 2 of 2 Project: Wabasso Beach Park Restorations Date Drilled: 27-Sep-07 Indian River County, Florida Field Party: S.C./J.C./A.R Elevation: +15 feet NGVD Drill Rig: CME-45 Water Level: Not able to be determined TEST LOCATION: SPT - I N27.763220 W80.397020 Laboratory Tests awmamDepth Blows! N Sample Layer: Passing Moisture Organic Description No. 200 Content Content (feet) 6 inches Value No. From/to 20 181/2 - 23'/z Light yellowish brown fine sand and shell fragments 71 ..._.. 22 a.momwo awaftaft 23wom.mft.ftm aw.me.mal �4 _ -25'/2-•- 23- 28'/z Light gray fine sand, trace shell fragments 46 - ---- 8 --- 25 -36_ _ 82 26 --mama 27 ------ •--- - amamw 28Ammmw mama-- 17 28'/x - 33'/_ Very light brown fine sand, some shell fragments 29--33» ------ 9 --- 30 mamm4am0• - 73-- ---- 31 ._... 32 mmmmwmw.m--- -• 33 ----- mama._ 2033'/2 - 38'/z Very light gray very fine sand, trace shell fragments 34 -'1- ammo._ 10 --- 35 -22 - 43mw� - 36ammaw- -----• --- -- _. 37 mama- --mama ama,m. 38mam--------- -- - --- -- 5_ 38'/2 - 40 Gray fine sand, some shell fragments, little silt mammam 39mama 10._ ..------ 11 19 29 End of boring at 40 feet F: UI Nl DataUndian River Cou�rty Depnrinient o Pet lic 11 orfs • 'abasso Eeadi Park Restorations- PSLI935iBoringsll -SPT (1-SJ A. M. ENGINEERING AND TESTING, INC. Client: Indian River County Department of Public Works 437543 rd Avenue, Unit 102 Vero.Beach, Florida 32967 Project: Wabasso Beach Park Restorations Indian River County, Florida Levation: +15 feet NGVD Water Level: Not able to be determined Project No.: Lab No.: Page: Date Drilled: Field Party: Drill Rig: PSL1935B 1 1 of 2 1 -Oct -07 S.C./J.C./A.R CM&45 REST LOCATION: SPT - 2 N27.763110 W804396960 Laboratory Tests fe�pth Blows/ N Sample Laver: Passing Moisture Organic Description feet 6 incites Value No. From/to No. 200 Content Content WIND L0 0 - 2% Light grayish brown fine sand, trace shell fragments _3 - 1 1 --5--- - - -13 8 _ ._g... ----•- 9 8 2 21/2 - 18'/z Light yellowish brown fine sand, little shell fragments 3 - _ t0 18 7 _ 5 3 Same 5 -10 5 ---- 5 6 • --- .3 ---..._ _ 3 4 - ._ ..Same 5 8 --- 5... $ -3 ------- 3 5 ...Same 10 3 - ----•- 11 r 12 ........... .. .. F13 --- . •_._._ --5--- 11 _..... 6 ..Same 25 -14- - - 16 ....... ...... --- •- ------ L17 18'/z ` 231/2Light yellowish brown fine sand and shell fragments --- 23 7 26 49 P:UIMLalaunalan[civerLounq ueprrrrmeaeqJr-uwlc IurAJ- nUU1W4VCIcucttrut mj%c IWtuPVFW-I WL I 7Ja WWI m64 if -uI t r.-rl A. M. ENGINEERING AND TESTING, INC. 590 N.W. MERCANTILE PLACE, PORT ST. LUCIE, FLORIDA 34986 PHONE: 772 924-3575 . FAX: (772)924-3580 STANDARD PENETRATION TEST BORING (ASTM D4586) Client: Indian River County Department of Public Works Project No.: PSL1935 4375 43rd Avenue, Unit 102 -Lab No.: 1 Vero Beach, Florida 32967 Page: 2 of 2 Project: Wabasso Beach Park Restorations Date Drilled: 1-0ct-07 Indian River County, Florida Field Party: S.C./J.C./A.R Elevation: +15 feet NGVD Drill Rig: CME -45 Water Level: Not able to be determined TEST LOCATION: SPT - 2 N27.763110 W80.39696° Laboratory Tests Depth Blows/n' Sample Layer• Passing Moisture Organic' - Description No. 200_ _Content Content 20 181/2 - 231/2 Light yellowish brown fine sand and shell fragments 211--•-----F------- 221---------i---•----- 231........ -p--- ... -- I g 1231/2 - 281/2 Light gray very fine sand, trace shell fragments 24 --�4- ---•-- 8 25 -..31-.- _- 55--- 261-- -- - -- -I•-- -- --- 271...-•-- -V•-----... 281------- -1•-•------ 11 28'/2 - 38 Light gray fine sand, some shell fragments, trace 15 9 cemented sand pieces I9 34 30 ----•- -- --•----- 311---------h----•--- 321-....- -I-----•-- 331--•-----•p--...--- 36 ------ ....... 37 ----------.. ...Same, lighter, less cemented sand 38 --------- -- -•--- 38 - 40 Gray fine sand, some shell fragments 39 ----?•--- --•- --- 6 11 9 15 End of boringat 40 feet - .. .. .,. - ^----........d D..hfi^ Ia�.,rt•� _ 141nh"Sn &each Park Restorations- PS 34 ..-14--- -------- 16 10 35 ..20- • 0�&W-"ft 36 ------ ....... 37 ----------.. ...Same, lighter, less cemented sand 38 --------- -- -•--- 38 - 40 Gray fine sand, some shell fragments 39 ----?•--- --•- --- 6 11 9 15 End of boringat 40 feet - .. .. .,. - ^----........d D..hfi^ Ia�.,rt•� _ 141nh"Sn &each Park Restorations- PS A* M. ENGINEERING ANIS TESTING, INC. 590 N.W. MERCANTILE. PLACE, PORT ST. LUCIE, FLORIDA 34986 Client: L Project: Ivation: Water Level: sJZIf 1 \N � \ : i : l► Indian Fiver county Department of Public Works 437543 rd Avenue, Unit 102 Vero Beach, Florida 32967 Wabasso Beach Park Restorations Indian River County, Florida x-16 feet NGVD Not able to be determined Project No.: Lab No.: Page: Date Drilled: Field Party: Drill Rig: PSL1935B 1 1 of 1 1 -Oct -07 S.C./1.C./A.R CME -45 IST LOCATION. SPT - 3 N276763040 W80.39688° Laboratory Tests pth Blows/ NSample Layer: DBSCi4 tion Passing Moisture Organic (feetl 6 inches Value No. From/to p No. 200 Content Content F., WAI Data Vndian 1 2 3 El 5 r1 7 '� 0 - 2 Dark brown to light brown fine sand, trace shell fragments, trace silt 2 - 16 (Light yellowish brown fine sand, little shell fragments ...Same .&I Same ...Same .. Same ...Same, some shell fragments ...Same End of boring at 16 feet 0 5 7 11 _ 2 wwwn6-- -...... 7 �14 7� �5 _ 4--- 5 -• _.. 4 8 -- 4. 6 -- -5 ----_... 5 10 3 •7 3 _ IO--- --...-- 3 _ 11 ---. ..7 .. 12 -- 8-- --- .. 7---- 13 --- -- - --- 7 14 10 14 --- .8 -------- 10 — 15 -IS 25 16 17 19 _..-- •--.... t F., WAI Data Vndian 1 2 3 El 5 r1 7 '� 0 - 2 Dark brown to light brown fine sand, trace shell fragments, trace silt 2 - 16 (Light yellowish brown fine sand, little shell fragments ...Same .&I Same ...Same .. Same ...Same, some shell fragments ...Same End of boring at 16 feet A. M. ENGINEERING AND TESTING, INC. 590 N.W. MERCANTILE PLACE, PORT ST. LUCIE, FLORIDA 34986 PHONE: (772) 924-3575 - FAX: (772) 924-3580 STANDARD PENETRATION TEST BORING (ASTM D4586) Client: Indian River County Department of Public Works Project No.: PSL1935 437543 rd Avenue, Unit 102 Lab No.: 1 Vero Beach, Florida 32967 Page: 1 of 2 t' Project: Wabasso Beacb Park Restorations Date Drilled: 1 -Oct -07 Indian River County, Florida Field Party: S.C./].C./A.It Elevation: +16 feet NGVD Drill Rig: CME -45 Water Level: Not able to be determined 1 TEST LOCATION: SPT - 4 N27,763410 W80.397050 Laboratory Tests FDepth Blows/ N Sample 'Layer: Passing Moisture ' Organic Description No.200 Content Content et) 6 inches Value No. From/to 0 3 0-61/2 Light brown fine sand, trace shell fragments 1 -- 5--• - 1 7 -12 -- 2 - -9 _ 5 4 ..Same 3 -- - _ -5 13 - 4 -- 5-- ...... ---- 5 --?-- - 3 Same 3 5 6 -- 5-- ------ 7 - 7 _ _ _ 4 6'/2 - 23'/2 Light yellowish brown fine sand, little shell fragments 6 13 ---- s .7 ...--- -6 ---- 9 --3.. _ ._. 5 ..Same 4 7 10 --------- -------- 121-•---•---h._...... 14 ...13 _......---- J17 6 J...Same, some shell fragments 23 40 161-----•- -h--•----- ]al... --- -1------•- 19 ... 17 --- - - 30 7 Same, some shell fragments 32 62 fPrehlie Ili rks - 141abasso Beach Park Restorations• PSL 19350oringstl - Client: L Project: elevation: Water Level: At M. ENGINEERING AND TESTING, INC. 590 N,W. MERCANTILE PLACE, PORT ST. LUCIE, FLORIDA 34986 PHONE: (772)924-3575 - FAX: (772) 924-35 ... STANDARD PENETRATION TEST BORING Indian River County Department of Public Works 4375 43rd Avenue, Unit 102 Vero Beach, Florida 32967 Wabasso Beach Park Restorations Indian River County, Florida +16 feet NGVD Not able to be determined ASTM D-1586} Project No.: Lab No.: Page: Date Drilled Field Party: Drill Rig: PSL1935B 1 2 of 2 1 -Oct -07. r S.C./J.C./AJe CME -45 FEST LOCATION: SPT - 4 N27.763410 W80.397050 Laboratory Tests epth Blom/ N Sample Layer: Passing Moisture Organic feet 161nchesi Value No. From/to I Description No. 200 1 Content I Content adow 20 21 i-.......�._..._.. 22 I._.......{ _.._.... — 231- ... -.... F•----... 24 .. �?-- 32 _ 25 ..32.. 37 I --......l ....Iowa 38 ]no -----•la--.-•--- 391----•-- 400000--- 14-231/2 Light yellowish brown fine sand, some shell fragments 23'/2 - 28'Y21Light gray very fine sand, trace shell fragments 28'/2 - 30'Very light brown fine sand, some shell fragments End of boring at 30 feet 26 woo"aaw. � lr-- --- - 27 -------- ....... 9 70.. ._ Oft No I own 0.0*1000 36 - -........ — 29 ..» . ll- 30 31 — 32 .... 33 -•--•-- - 37 I --......l ....Iowa 38 ]no -----•la--.-•--- 391----•-- 400000--- 14-231/2 Light yellowish brown fine sand, some shell fragments 23'/2 - 28'Y21Light gray very fine sand, trace shell fragments 28'/2 - 30'Very light brown fine sand, some shell fragments End of boring at 30 feet 34 � --- - ....... 9 70.. ._ Oft No I own 0.0*1000 36 37 I --......l ....Iowa 38 ]no -----•la--.-•--- 391----•-- 400000--- 14-231/2 Light yellowish brown fine sand, some shell fragments 23'/2 - 28'Y21Light gray very fine sand, trace shell fragments 28'/2 - 30'Very light brown fine sand, some shell fragments End of boring at 30 feet 34 36 - -........ -- 37 I --......l ....Iowa 38 ]no -----•la--.-•--- 391----•-- 400000--- 14-231/2 Light yellowish brown fine sand, some shell fragments 23'/2 - 28'Y21Light gray very fine sand, trace shell fragments 28'/2 - 30'Very light brown fine sand, some shell fragments End of boring at 30 feet Client: Project: Elevation: Water Level: A. M. ENGINEERING AND VES'T'ING, INC 590 N.W. MERCANTILE PLACE, PORT ST.,LUCIE FLORIDA 34986 Indian River County Department of Public W oras 4375 43=a Avenue, Unit 102 Vero Beach, Florida 32967 Wabasso Beach Park Restorations Indian River County, Florida +16 feet NGVD 15 feet TEST LOCATION: SPT - 5 N27.76354° W80.39708° Depth Slows/ N Sample Layer: Description (feet) 6 incbesl Value No Fromho 3 0 - 8'h Light brown fine sand, trace shell fragments 1 -6- 8 14 2 . 8 . ..----- 5 4 2 ,Same 4 •--$-- 4 3 Same 5 -. 3-• -- � -- 1 4 ..Same B-- 7 9 W.W. 4 - • •-__ 5 8'h - 16 Light yellowish brown fine sand, little to same shell - 10 fragments 1Q-- 4 - -----• 4 6 ,,Same • 11 ---$ - --g-- 6 12-•5 • ----•- 6 7 ,,Same 13 ---0""" --iS - - 14 ---15--- •------ 9 16 8 ..Same -15 •1�- -27 - 16 ---17-'- '-•'-•-` End of boring at 16 feet 181-...... _F......-- 191---------I-------•- Project NO.: Lab No.: Page: Date Drilled: Field Party: Drill Rig: r�Li7��D 1 of 1 1 -Oct -07 S.C./1.C./A.R CME -45 04 Laboratory Tests Passing I Moisture I Organic